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Tennessee Injury Attorney Blog

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Tennessee Court of Appeals Holds that Wrongful Death Litigant Was Not Bound by Arbitration Agreement Proffered by Nursing Home

For several years now, there has been a concerted effort to limit the legal rights of those who might seek to file a Knoxville nursing home abuse lawsuit. Typically, a representative of the nursing home begins this process by asking the patient or someone in his or her family to…

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Tennessee Court of Appeals Agrees that Personal Injury Suit Against the Employer of an Allegedly Negligent Trucker Was Saved Under the Savings Statutes

There are many steps involved in the litigation of a Knoxville truck accident case. While the need for an initial investigation (such as the interviewing of witnesses, the gathering of records, and the like) and the filing of a formal complaint in the appropriate court are essential, these steps represent…

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Tennessee Appeals Court Rules that Dismissal for Failure to Perfect Timely Service of Process in Death Case Was in Error

Most everyone has heard the term “file a lawsuit,” but those outside the legal profession may not fully understand what that process entails. For starters, the plaintiff must prepare a formal, written complaint setting forth the basic factual allegations, legal claims, and relief sought. In addition to the filing of…

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Tennessee Appellate Court Addresses Application of Non-Economic Damages Cap in Mesothelioma Wrongful Death Case

In a Knoxville personal injury or wrongful death lawsuit, several elements of damages are possible. Some of these are “economic damages,” such as medical costs and lost wages. Others are referred to as “non-economic damages.” Non-economic damages include such things as compensation for physical and emotional pain and suffering, loss…

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Tennessee Court of Appeals Affirms $850,000 Verdict Against Grocery Store in Shopper’s Negligence Suit

When most people think about a Knoxville “slip and fall” case involving a grocery store, the stereotypical image that comes to mind is probably that of shopper slipping on a banana peel and landing squarely on his or her backside, embarrassed but no worse for the wear. The idea is…

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Tennessee Supreme Court Says Common Knowledge Exception Applied in Health Care Liability Suit Against Salon for Masseur’s Alleged Sexual Assault

Pursuing a Knoxville personal injury case involves many steps. In addition to an investigation of the accident or other event giving rise to the potential litigation, certain paperwork must be filed with the court clerk in order to lodge the case with the appropriate trial court. In most cases, this…

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Tennessee Court of Appeals Reverses Lower Court’s Order That Granted Summary Judgment on Issue of Vicarious Liability in Fatal Car Accident Case

In cases in which a negligent driver was acting in the course and scope of his or her employment at the time of a serious East Tennessee car accident or fatal crash, the driver’s employer can be held vicariously liable for the harm that befell the accident victim. This is…

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Tennessee Court of Appeals Reverses Summary Judgment in Favor of College in Former Student’s Negligence Lawsuit Involving Alleged Hazing

When someone is harmed by the negligent actions (or the negligent failure to act) of a person acting within the course and scope of their employment, the law may impose “vicarious liability” against the employer. Typically, the employer’s liability insurance policy will cover such situations if a judgment is entered…

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Tennessee Convenience Store Customer’s Claim for Damages After Fall in Parking Lot Should Not Have Been Dismissed on Summary Judgment

Proving liability in a Knoxville slip and fall case can be difficult. The landowner or store operate predictably blames the plaintiff for the fall in most cases, denying any liability for their own negligence. During the pretrial phase of the litigation, the trial court is often called upon to decide…

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Tennessee Supreme Court Says Car Accident Litigants Stated a Claim Against Hospitals Under Consumer Protection Act

Those who have never been involved in an East Tennessee car accident probably do not realize all of the possible complications that can arise as a lawsuit progresses from an initial claim filed against the responsible party’s insurance company to the ultimate collection of money damages via a negotiated settlement…