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Articles Posted in Tennessee Law

Infants Hurt by Opioids Stated a Claim Under Tennessee Drug Dealer Liability Act
Mark Hartsoe

In a Knoxville product liability lawsuit, one of the first considerations is whether the plaintiff has “standing” to sue. Standing is a legal concept that simply means a litigant must have a sufficient enough connection to the action at issue to support that party’s participation in the case. If a party lacks standing, there is…

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Appeals Court Refuses to Order Sanctions to Physician Against Whom Malpractice Was Asserted by Pharmacy in Tennessee Woman’s Negligence Case
Mark Hartsoe

Tennessee follows a principle of negligence known as “comparative fault.” Initially established by case law back in the 1990s, this doctrine holds that, in a Tennessee personal injury case in which a plaintiff seeks money damages for injuries allegedly caused by another’s negligence, the finder of fact is to make a finding as to the…

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Tennessee Court of Appeals Reverses Dismissal of Mother’s Suit on Deceased Son’s Behalf for Damages Arising in Car Accident
Mark Hartsoe

One of the foremost considerations in a Knoxville personal injury lawsuit is whether the would-be plaintiff has standing to file suit. “Standing,” in the legal sense, means that the person who is seeking redress has a right to relief under the law. This may seem like a straightforward question, but it can be a more…

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Tennessee Court of Appeals Holds that Uninsured Motorist Policy Did Not Preclude Prejudgment Interest
Mark Hartsoe

If you have never been involved in a lawsuit involving uninsured motorist insurance coverage, you might be surprised to find that the insured individual and their insurance company are in an adversarial relationship in such proceedings. In other words, in an east Tennessee car accident case, to determine the amount due an insured person who…

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Federal District Court in Tennessee Denies Nursing Home’s Motion to Arbitrate, Citing Physician’s Illegible Dating of Signature
Mark Hartsoe

More and more frequently, health care providers such as hospitals and nursing homes are seeking to prevent those whom they injure via negligence, abuse, and malpractice from having their day in court. They often do this in a very surreptitious way, such that many litigants are not even aware that they may have jeopardized their…

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Tennessee Trial Court Should Have Given Due Consideration to Litigants’ Motion for Expansion of Time for Service of Process in Personal Injury Lawsuit
Mark Hartsoe

Timeliness is critically important in personal injury and wrongful death lawsuits. There are deadlines for filing a claim, deadlines for effectuating service of process, and so on. Failure to file the appropriate paperwork in a timely fashion can mean the end of the plaintiff’s case – and his or her chance of receiving fair compensation…

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Appellate Court Says That a Tennessee Trial Court Was Correct in Ordering New Trial After Doctor Tried to Shift Blame for Alleged Negligence
Mark Hartsoe

Doctors and nurses spend many years learning the professions. This does not mean, however, that they never make mistakes. They do, much more often that the general public would like to believe. When someone is hurt or passes away because of a healthcare practitioner’s mistake, the individual or the family of a deceased patient may…

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

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 sign “routine paperwork” that includes…

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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
Mark Hartsoe

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 only the beginning of what…

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

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 the complaint with the clerk…

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