Medical negligence can leave victims with permanent injuries and, in some cases, even result in a wrongful death. In a recent case, both a mother and her newborn child were seriously injured due to the alleged negligence of a doctor and others during the child’s birth. Unfortunately, their claims were not…
If you have kids, you may have noticed a disturbing trend among businesses and organizations that cater to young people; birthday party venues, sports team organizers, and even some churches are requiring a signed release before a child is allowed to participate in recreational activities and other “kid-friendly” events. The reason, of course,…
Although the purposes of a civil lawsuit and a criminal prosecution are quite different, the issues in related civil and criminal cases may be very similar. For instance, in a car accident case, a defendant may be criminally prosecuted for driving under the influence of alcohol and may also be sued civilly…
Tennessee law requires that the plaintiff in a negligence case prove that the defendant owed a duty of care, that the defendant breached the duty of care, that the plaintiff suffered an injury or loss, and that the defendant’s breach of duty was both the cause in fact and the…
After a lawsuit is filed, the parties usually engage in a period of discovery. Sometimes, this involves the defendant asking that an injured person undergo a medical examination by a doctor retained by – and paid by – the defense. Often, this doctor will have an opinion that conflicts with…
In Neale v. United Way of Greater Kingsport, a minor child apparently suffered a serious injury to his hand while participating in an activity at a non-profit organization’s Tennessee facility. As a result, the child’s parents filed a negligence action against the organization. The parents eventually agreed to voluntarily dismiss…
In Tennessee Farmers Mutual Insurance Company v. Simmons, a man filed a wrongful death lawsuit after his son was tragically killed in a four-wheeler accident with a motor vehicle. According to man’s complaint, his son was being supervised by a neighbor’s adult daughter at the time of his death. Testimony…
Recently, the Tennessee Supreme Court reinstated a $43.8 million award in damages to a six-year old boy who was paralyzed in a car accident. A court of appeals had previously remitted the trial court’s award by 70%. Child Paralyzed from Seatbelt In Meals v. Ford Motor Company, the plaintiff, a…
Two recent fatal crashes in Knoxville involving all-terrain vehicles – one of those claiming the life of a 4-year-old – are sad reminders that use of these machines are to be treated with the same care and caution we afford other types of motor vehicles. Although they are smaller, they…
With the Fourth of July weekend, most of us are looking for fun with friends and family. It’s a beautiful holiday, but it comes with some serious risks. According to the Consumer Product Safety Commission (CPSC), roughly 200 people on average visit an emergency room every day with fireworks-related injuries…