In negligence lawsuits, including those arising from car accidents, the burden is on the plaintiff to prove duty, breach of duty, causation, and damages. If the plaintiff is seeking to recover medical expenses as part of his or her damages, this burden usually requires expert medical testimony concerning the reasonableness and…
Pursuant to the doctrine of respondeat superior, an employer can be held vicariously liable for the torts of a servant under certain circumstances. Furthermore, an employer can be held directly liable for the negligence in some cases. In the recent case of Jones v. Windham, the Tennessee Court of Appeals…
Typically, governmental entities and their employees are immune from liability in Tennessee. Under the law, however, the employee of a governmental entity may be sued for operating a motor vehicle in a negligent manner while performing his or her job duties. In Jones v. Bradley County, a woman was apparently…
In Powell v. Clark, a passenger was hurt in a Tennessee motor vehicle collision that was caused by another motorist. Unfortunately, the at-fault driver did not carry liability insurance when the traffic wreck occurred. Following the accident, the injured passenger sought to recover uninsured motorist (“UIM”) accident benefits. At the…
A Tennessee appellate court dismissed another case for failure to follow procedural rules. In the last month, we have discussed several cases where the Tennessee courts dismissed a case because the statute of limitations had tolled. Tennessee courts are serious about their procedural rules. In the most recent case, a…
If you have a Maryville or Knoxville personal injury case, you are encouraged to speak with an experienced personal injury attorney who understands the methods, practices, and procedures of the civil court system. It can be unfortunate to have your personal injury case dropped or encumbered by a technical error.…
Timing is a critical component of all lawsuits. Federal and State statutes clearly and concisely designate specific time-frames for which pleadings and papers can be filed in order to be considered timely. Mills v. Fulmarque is an Tennessee personal injury case which arose when a man fell off of his…
A number of complaints regarding nursing home abuse in Maryville resulted in approximately 100 residents being removed from the Colonial Hills Nursing Center. The nursing home allegedly lost its certification with the Centers for Medicare and Medicaid Services because of a number of problems it encountered in 2011, according to…
Burn accidents can happen practically anywhere if you’re not careful. Oftentimes, these injuries can be caused by faulty wiring. They can also happen in rental units, places where smoke detectors are not available, where fire exits blocked or locked and in places not equipped with an adequate fire sprinkler system.…