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Tennessee Injury Attorney Blog

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Court Addresses Rebuttable Presumption and Finds in Favor of Tennessee Accident Victim

A state appellate court recently issued an opinion stemming from a Tennessee truck accident. A Johnson City (City) employee driving a tractor-trailer lost traction and struck the victim’s car. At the emergency room, the victim complained of right shoulder pain. Before the incident, the victim underwent two prior right shoulder…

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Tennessee Court of Appeals Explains Payment of Attorney Fees in Negligence Case in Which Breach of Contract is Also Asserted

Most east Tennessee personal injury and negligence cases proceed under a theory known as “negligence.” In order to be successful in such a case, the plaintiff must be able to show that the defendant breached a duty of care that was owed to him or her and that, as a…

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Tennessee Supreme Court Reviews Damages Award in Medical Negligence Case Involving Foreign Object Left in Patient’s Body

Sometimes, the legal definition and the usual definition of a word are different. Take for instance the word “damages.” In common parlance, “damages” means physical harm to a person or thing, thus impairing its value and/or usual function. If a car sustains “damages” in a collision, we think of this…

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Tennessee Court of Appeals Sides with Parents with Regard to State’s Motion for Summary Judgment in Healthcare Liability Case

The requirements involved in filing an east Tennessee medical malpractice lawsuit can be very complex. It is, thus, extremely important for a would-be plaintiff in such a case to retain an attorney experienced in these matters as soon as possible after realizing that a medical error may have occurred. There…

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Summary Judgment to Monument Company Reversed in Woman’s Tennessee Suit Claiming That Headstone Fell Over Onto Her Hand While She Was Placing Flowers

A Knoxville negligence case is based on a simple proposition. If one person owes a duty of care to another and a breach of that duty is the proximate cause of harm, the responsible individual (or business) is liable for the other’s damages. A personal injury case can take many forms,…

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Appellate Court Reverses Dismissal of Healthcare Liability Claim Against Tennessee Hospital – Lower Court Had Found the Claim Untimely

In a typical Knoxville medical malpractice case, there is a long list of things that must be done before the case is even filed at the courthouse. It can take weeks or months to complete the necessary tasks in many cases. Accordingly, it is vitally important to talk to a…

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Tennessee Court of Appeals Reverses Dismissal of Car Accident Case Based on Allegedly Deficient Signature

Tennessee has a short statute of limitations compared to many states. Thus, it is not unusual for a person injured in a Knoxville car accident to have his or her case dismissed because it was not filed within the applicable limitations period. This much is to be expected. What may…

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Tennessee Law Precluded Summary Judgment to Insurance Company with Regard to Wrongful Death Claim Brought Against Insured for Swimming Pool Drownings

No east Tennessee wrongful death lawsuit will be successful unless the plaintiff can prove, by a preponderance of the evidence, that the defendant breached at least one duty of care that was owed to him or her and that this breach of duty was the proximate cause of the damages…

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Federal District Court in Tennessee Denies Summary Judgment to Maker of Blanket that Allegedly Caused Fire Due to Product Defect

An east Tennessee product liability case may involve multiple defendants and various theories of liability. In many cases, both the manufacturer and the seller of the product are named as defendants, and sometimes there are other potentially liable parties as well. Legal theories may include a design flaw that affected…