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Articles Posted in Tennessee Law

Tennessee Court of Appeals Reversed Trial Court’s Dismissal of Premises Liability Claim Against Defendants Who Had Previously Been Non-Suited
Mark Hartsoe

When someone falls in a store or in another place of business, there may be multiple parties who could potentially be named as defendants – corporations, subsidiaries, parent companies, holding companies, land management companies… the list goes on and on. When an east Tennessee premises liability lawsuit is filed against multiple defendants, some of those…

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Tennessee Health Care Liability Act Requirements Held Not to Apply to Alleged Assault by Security Officer in Treatment Facility
Mark Hartsoe

Under Tennessee law, a would-be Knoxville medical malpractice claimant must provide pre-suit notice and file a certificate of good faith along with his or her complaint. These requirements apply to any claims alleging health care liability. However, it is not always clear whether a given claim is a “health care liability” claim. Facts of the…

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Tennessee Court of Appeals Says County’s Third-Party Claim Against Medical Services Company Following Attack on Inmate Was Not a “Health Care Liability Claim”
Mark Hartsoe

When someone is killed or suffers catastrophic injuries as a result of the negligence of a government official – including prison guards, police officers, and sheriffs’ deputies – that injured person (or the deceased person’s family) may be able to seek monetary compensation. An experienced Tennessee personal injury attorney can help you determine whether liability…

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School Bus Driver’s Slip and Fall Lawsuit Against City/County Government Survives Summary Judgment, Per Tennessee Court of Appeals
Mark Hartsoe

Serious injuries can result from a fall on another party’s property – broken bones, sprains, strains, disc herniations, and other, sometimes permanently disabling medical problems can all occur when premises are not maintained in a reasonably safe condition. In an east Tennessee premises liability lawsuit, a person injured on another party’s property may seek compensation…

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Tennessee Supreme Court Considers Whether Estranged Husband is Proper Party to Bring Wrongful Death Claim
Mark Hartsoe

When someone passes away due to another party’s negligence, it may be possible for those left behind to file a Tennessee wrongful death lawsuit. However, not just anyone can file such a claim. Only those allowed by the statutory scheme of the state in which the decedent was killed have the right to seek compensation…

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Tennessee Supreme Court Holds that Full, Non-Discounted Medical Expenses May Be Admitted at Car Accident Trial, But Discounted Amount Due to Insurance May Not
Mark Hartsoe

People who have been injured in a Knoxville car accident caused by the negligence or reckless conduct of another person, business, or governmental entity may be able to recover damages such as medical expenses, lost earnings, and compensation for pain and suffering. However, calculating the exact amount to which the injured person (or a deceased…

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Tennessee Court of Appeals Affirms Judgment Holding Shelby County Negligent in Jailhouse Suicide Case
Mark Hartsoe

When a governmental employee acts negligently – that is, when he or she breaches a duty of care owed to another person, and harm is caused to the victim as a proximate result – the governmental entity for which the employee worked can be held liable for the resulting injuries or wrongful death in many…

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Appellate Court Remands Tennessee Truck Accident Case to Trial Court for Allocation of Fault Between the Parties
Mark Hartsoe

Tennessee is a “modified comparative fault” state. This means that, in deciding the effect that a plaintiff’s own negligence has on the outcome of a personal injury lawsuit, the plaintiff can only recover damages if he or she is found to be less than 50% at fault. If the jury attributes 50% or more of…

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Federal District Court Denies Summary Judgment to Tennessee Sporting Goods Store After Customer Falls in Parking Lot
Mark Hartsoe

Not every lawsuit is concluded by a jury’s verdict in favor of one party or another. While many cases are settled through an agreement between the parties, some are resolved via a legal proceeding known as a “motion for summary judgment.” When a defendant files such a motion in a negligence case, including an East…

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Tennessee Court of Appeals Reverses Judgment for Defendant in Medical Malpractice Case, Saying “Sudden Emergency” Instruction Should Not Have Been Given
Mark Hartsoe

Medical mistakes can cause injuries or death both to the old and to the young, but some of the most heartbreaking east Tennessee medical malpractice cases involve situations in which a doctor’s mistake causes a child to either die in utero or shortly after birth. Obstetricians fight hard against a finding of liability in such…

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