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Articles Posted in Car Accidents

Prior Case Law Interpreting “Reasonableness” of Medical Expenses Under Tennessee Hospital Lien Act Did Not Apply in Car Accident Personal Injury Case – Dedmon v. Steelman
Mark Hartsoe

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 necessity of such expenses.…

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Tennessee Had “Most Significant Relationship” with Parties and Accident that Occurred in Florida, Triggering Application of Tennessee Law in Wrongful Death Lawsuit – Sterchi v. Savard
Mark Hartsoe

While some issues of law are controlled by the federal government, many are governed by the law of the individual states. For instance, tort litigation issues such as the statute of limitations, the proper parties to a lawsuit, and available damages are governed by state law. When the law of two or more states could…

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Tennessee Court of Appeals Rules That Mother’s Direct Negligence Case Against Daycare Owners Can Go Forward, Even Though They Admitted Vicarious Liability for Employee’s Negligence – Jones v. Windham
Mark Hartsoe

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 was called upon to determine…

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Knoxville Appellate Court Upholds Personal Injury Verdict Related to Crash With Bradley County Emergency Responder
Mark Hartsoe

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 hurt when she collided with…

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Tennessee Court of Appeals Orders New Trial Where Jury Verdict Was Not Supported by the Material Evidence in Shelby County Car Accident Case
Mark Hartsoe

In Naraghian v. Wilson, a woman was apparently injured in a Shelby County, Tennessee rear-end motor vehicle collision. About one year after the crash, the woman filed a negligence lawsuit against the purportedly at-fault driver in the Circuit Court of Shelby County. In her complaint, the hurt woman sought damages from the motorist for her…

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Primary UIM Insurer May Not Offset Medical Payments Made by Injured Passenger’s Insurance Company in Tennessee
Mark Hartsoe

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 time of the crash, her…

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Knoxville Federal Court Dismisses Time Barred Car Accident Case: Hudson v. State Farm Mutual Automobile Insurance Co.
Mark Hartsoe

In Hudson v. State Farm Mutual Automobile Insurance Co., a woman was rear-ended by an unidentified driver in October 2010. Following the car accident, the woman reported the collision to her automobile insurance company. She also made arrangements to have her vehicle inspected for damage. About seven months later, the woman sought payment for medical…

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Knoxville Appeals Court Affirms Damages Award in Farragut Car Accident Lawsuit: Pyle v. Mullins
Mark Hartsoe

In Pyle v. Mullins, a landscaper filed a personal injury lawsuit against a woman following a three-vehicle traffic wreck in Farragut. Although the woman admitted to liability for the crash, a jury trial was held on the issue of damages. Following trial, the jury awarded the landscaper $15,000 in damages for the injuries he sustained…

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