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Articles Posted in Wrongful Death

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 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 Summary Judgment to Asbestos Manufacturers in Product Liability Lawsuit
Mark Hartsoe

Generally speaking, a Tennessee personal injury lawsuit must be filed within the one-year statute of limitations for negligence cases if it is to survive a motion for summary judgment. This seems like a straight-forward rule, but this is not always so. For example, in some cases, exposure to a product may cause serious injury or…

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Tennessee Court of Appeals Reverses Defense Verdict in Case Involving Animal’s Death Due to Veterinarian’s Negligence
Mark Hartsoe

In a typical Knoxville wrongful death case, a family is seeking compensation for the loss of a loved one whom they believe died as the result of the negligence of an individual, corporation, or governmental entity. Damages may include funeral and burial expenses, medical bills, lost earning capacity of the decedent, and related losses. Under…

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According to Tennessee Court of Appeals, Summary Judgment Should Not Have Been Granted in Wrongful Death Case
Mark Hartsoe

When a loved one’s death was caused by negligence – or even reckless or intentional conduct – by another, the family should consult with a Tennessee wrongful death lawyer to discuss the possibility of filing suit against the responsible party. While a lawsuit cannot bring back the loved one, the monetary damages available through a…

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Tennessee Court of Appeals Says Dismissal of Wrongful Death Suit Against Truck Stop Owners Was Premature
Mark Hartsoe

In a Knoxville motorcycle accident case, the defendant is typically a motorist whose negligence allegedly caused a collision that led to the cyclist being injured or killed. However, other individuals or businesses can also be named as parties in some motorcycle crash cases. As in other types of negligence lawsuits, the plaintiff has the burden…

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Tennessee Trial Court Judge Had No Duty to Recuse Himself Following Ex Parte Communication About Proposed Order in Health Care Liability Case
Mark Hartsoe

The right to a fair trial is one of the most important components of the American judiciary system. This is true regardless of whether one is the plaintiff or the defendant or whether the case is criminal or civil. If a litigant believes that some impropriety has taken place that could prejudice his or her…

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Tennessee Court of Appeals Reverses Defense Verdict in Birth Injury Case
Mark Hartsoe

Many Tennessee medical malpractice lawsuits involve tragic situations, but those involving young children and babies injured at birth can be some of the most heartbreaking. Doctors and their insurance companies are often quick to deny liability and shift blame for what happened. Cases against doctors and medical providers can be very challenging, so it is…

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Tennessee Court of Appeals Holds that Plaintiffs’ Motion to Revise Should Have Been Granted in Medical Malpractice Case
Mark Hartsoe

Like other personal injury and wrongful death cases, a Knoxville medical malpractice lawsuit usually sounds in negligence. In order to prove negligence, the plaintiff must prove four things: that the defendant owed a certain duty of care, that the duty was breached, that the plaintiff was harmed, and that there was a causal link between…

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