No Notice of Dangerous Condition Bars Fall-Down Case
Where plaintiff sued an adjacent landowner for visible water that allegedly made him fall at a storage facility, the Court of Appeals affirmed the holding that the defendant was not liable for the...
View ArticleDedmon Rule Applies In Tennessee Claims Commission
The collateral source rule still applies in Claims Commission cases to bar evidence that a plaintiff actually paid a discounted amount on his or her medical expenses. In both Estate of Tolbert v. State...
View ArticleInvasion of Privacy, Emotional Distress and Misrepresentation Claims Dismissed
In Fitzgerald v. Hickman County Government, No. M2017-00565-COA-R3-CV (Tenn. Ct. App. April 4, 2018), plaintiff brought several claims against the county and the county mayor related to his employment...
View ArticleNo Claims Commission Jurisdiction Over Medical School Dismissal
A claim that a medical student was wrongly dismissed without the proper process does not fall under the jurisdiction of the Tennessee Claims Commission. In Williams v. State, No. E2017-00626-COA-R3-CV...
View ArticleClaims Commissioner Must Make Conclusions of Law For Each Theory of Negligence
Where the Claims Commissioner’s ruling for defendant on a negligence suit did not include conclusions of law regarding both of plaintiffs’ theories, the order of dismissal was deemed deficient and...
View ArticleCircuit Court Complaint not Transferred to Claims Commission.
When a case that should have been filed with the Claims Commission was filed in circuit court and did not “pertain to the negligent operation or maintenance of any motor vehicle or any...
View ArticleLay Witness Opinion on Source of Gravel on Road Admissible
Lay witness testimony should have been admitted regarding the likely source of gravel on a road after road construction, and summary judgment in this case was overturned. In Flagg v. Hudson...
View ArticleClaims Commissioner’s Ruling Affirmed in Battle of the Experts Wrongful Death...
Where a Claims Commissioner credited the testimony of defendant’s expert over plaintiffs’ expert in a wrongful death case, the Court of Appeals affirmed the ruling. In Jones v. State of Tennessee, No....
View ArticleDay on Torts Nugget: Be Careful When Suing the State of Tennessee.
Certain claims for personal injury, wrongful death and property damage may be asserted against the State of Tennessee, but different rules apply and there are plenty of pitfalls for those unfamiliar...
View ArticleLoss of Consortium Plaintiff Required to File Notice Before Complaint with...
Where plaintiffs included wife’s claim for loss of consortium in their complaint with the Tennessee Claims Commission, but the wife had not given notice of her loss of consortium claim to the Division...
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