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Articles Posted in Tennessee Law

Class Action Lawsuit Accuses Insurance Company of Violating Tennessee Law in Handling of Uninsured Motorist Deductibles
Mark Hartsoe

In a Tennessee car accident case, the defendant is usually the driver whose negligence caused the crash. If he or she was on the job at the time, his or her employer may also be named as a defendant based on the principles of vicarious liability. Sometimes, however, the negligent driver cannot be identified. This…

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Alleged Nursing Home Arbitration Agreement Held Invalid by Tennessee Court of Appeals
Mark Hartsoe

Doctors, nurses, hospitals, and nursing homes have a strong aversion to being sued. Of course, no one wants to be accused of carelessness or wrongdoing, and defendants facing claims of nursing home negligence or patient abuse are no different. However, as compared to many other defendants, the medical establishment goes above and beyond in their…

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Distracted Driving – a Huge Problem on Tennessee Roadways
Mark Hartsoe

We’re all busy these days. It isn’t surprising that many drivers attempt to “multi-task” by making phone calls or texting while driving. However, any time that a driver focuses his or her attention on something other than the road, he or she increases the chances of being in a Tennessee car accident. Statistically speaking, about…

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Tennessee Court of Appeals Reverses Summary Judgment Granted to Insurance Agent and Agency in Insureds’ Failure-to-Procure Excess Uninsured Motorist Coverage Case
Mark Hartsoe

Uninsured motorist insurance coverage is very important because it can be the only protection available to a person who is involved in an east Tennessee car accident with an uninsured driver (similarly, underinsured motorist coverage protects against situations in which the at-fault driver has some, but not enough, liability insurance. In cases in which coverage…

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Federal District Court Denies Defendant’s Motion to Exclude Doctor’s Testimony in Tennessee Tractor-Trailer Accident Case
Mark Hartsoe

In an east Tennessee truck accident case, the plaintiff has the burden of proof. This means that he or she must provide proof sufficient to convince the jury, by a preponderance of the evidence, that the defendant’s failure to act in a reasonably prudent manner was the proximate cause of his or her injuries. In…

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Tennessee Supreme Court Rules That Claimant Was Not a Necessary Party to Declaratory Judgment Action Between Insurance Company and Insured
Mark Hartsoe

When someone has automobile accident liability insurance and he or she is sued due to a Tennessee car accident, the insurance company has two responsibilities: to provide a defense for the insured and to indemnify him or her in the event of a judgment. The insured individual also has certain obligations, perhaps the most important…

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Tennessee Appeals Court Reverses Summary Judgment in Medical Malpractice Suit Arising From Woman’s Death Following Emergency Craniotomy
Mark Hartsoe

Under Tennessee medical malpractice law, an individual who seeks to recover fair compensation (including acts of negligence resulting in a loved one’s alleged wrongful death) must provide pre-suit notice to those against whom the lawsuit will eventually be filed. Generally speaking, failure to provide this notice can result in dismissal of the plaintiff’s lawsuit based…

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Tennessee Court of Appeals Holds that Drug Dealer Liability Act Lawsuit Can Proceed Against Opioid Manufacturers
Mark Hartsoe

The so-called “Opioid Epidemic” is big news these days, as more and more claims are being filed against the makers of pharmaceutical products like hydrocodone, oxycodone, oxymorphone, OxyContin, Roxicodone, and Opana by both individuals and government officials. Here in Tennessee, several attorneys general have sought to assert claims against those who make these and other…

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Tennessee Court of Appeals Reverses Dismissal of Knoxville Malpractice Lawsuit
Mark Hartsoe

A Knoxville medical malpractice case is never easy. Doctors and their insurance companies fight incredibly hard against a finding of liability, and, even if a case makes it to a jury trial, jurors can be reluctant to find that a doctor is hospital has been negligent. This much is to be expected. However, it may…

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Tennessee Personal Injury Lawsuit Settles for $2M, Leading Defendants to Ask that their Insurance Company be Substituted as Real Party in Interest
Mark Hartsoe

A Tennessee personal injury case can involve multiple defendants, some of whom may point to finger of blame at one or more of the others. In some situations, the plaintiff may be able to settle his or her claim(s) against one or more of the defendants, leaving the defendants to continue to fight among themselves…

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