Personal Injury Law

Nashville Bar Association Speech

Posted on August 04, 2010
Today (August 4) I will be speaking on behalf of the Nashville Bar Association about various tort and civil procedure topics that cause lawyers to lose sleep.  The title of the speech is " KEY PRACTICE STRATEGIES FOR TORT LAWYERS: SOLVING ISSUES THAT KEEP YOU UP AT NIGHT...

Doctors in Thailand Voice Common Arguments Against Being Held Accountable for Errors

Posted on August 03, 2010
The government of Thailand wants to have a scheme to compensate victims of medical malpractice. Many Thai doctors are opposed to the law.  Here is an argument made by the physicians, as reported in Taiwan News: It means our staff would have to be extra careful during work, which would decrease efficiency," said Somkid Auapisithwong of Thai Federation of Doctors, Main Hospitals and General Hospitals, which looks after the interests of medical practitioners in state hospitals...

New Scheme For Charging for Medical Records

Posted on August 02, 2010
This post is part of our continuing effort to advise Tennessee lawyers about substantive law changes resulting from the actions of the General Assembly. Public Chapter 865 sets forth maximum charges to lawyers (and presumably others) for obtaining medical records...

Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to One Whose Conduct Cannot Be Legal Cause of Injury

Posted on July 30, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.6     Allocation of Fault to One Whose Conduct Cannot be the Legal Cause of an Injury The Case: Biscan v...

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Changes to Tennessee Worker's Compensation Law

Posted on July 29, 2010
This post is part of our continuing effort to advise Tennessee lawyers about substantive law changes resulting from the actions of the General Assembly. Public Chapter 858 sets forth a procedure for helping injured workers obtain medical benefits they are entitled to receive after a judgment or settlement of a worker's compensation action...

Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to One Protected by Statute of Repose

Posted on July 28, 2010
 This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.5     Allocation of Fault to One Protected by Statute of Repose The Case: Dotson v...

Pool Alarms To Be Required in Some Tennessee Swimming Pools

Posted on July 27, 2010
This post is a part of our effort to advise our fellow lawyers of statutes that were enacted during the 2010 legislative session. Public Chapter 850 is known at "Katie Beth's Law."    It requires the use of pool alarms in all swimming pools ( a defined term) installed after July 1, 2011...

"Do Not Vote For My Dad!"

Posted on July 27, 2010
There are lots and lots of reasons to be a good dad, not the least of which is to avoid having your son or daughter actively oppose your effort to be a judge by taking out an ad in the local newspaper.

Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to One Protected by Governmental Immunity

Posted on July 23, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.4     Allocation of Fault to One Protected by Governmental Immunity The Case: Carroll v...

Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to Defendant Dismissed Before Trial

Posted on July 21, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.3     Allocation of Fault to Defendant Dismissed Before Trial The Case: Lindgren v...

Trying Medical Malpractice Cases in Nashville

Posted on July 20, 2010
A recent study gives yet another reason of why it is difficult for a plaintiff to win a medical malpractice case in Nashville. MTSU's Business and Economic Research Center has released a study that states that puts health care industry's annual economic impact in Nashville at $30 billion...

Visiting The Scene

Posted on July 19, 2010
I have said for years that it is essential that  lawyers trying tort cases must visit the scene of the events to adequately prepare for trial. Now, Winning Trial Advocacy Tips has written a post called "Trial Lawyers at the Scene of the Crime" that does an excellent job of explaining why it is so important to do so.

Leading Tennessee Tort Cases - Comparative Fault - Addition of Defendants After Expiration of Statute of Limitations (Tenn. Code Ann. § 20-1-119)

Posted on July 16, 2010
  This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.2     Addition of Defendants After Expiration of Statute of Limitations (Tenn...

Leading Tennessee Tort Cases - Comparative Fault - Abolition of Joint and Several Liability as General Rule

Posted on July 14, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.1     Abolition of Joint and Several Liability As General Rule The Case: McIntyre v...

Leading Tennessee Tort Cases - Charitable Immunity - Generally

Posted on July 12, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 14.1     Generally The Case: Anderson v. Armstrong, 171 S...

Taking the Warning Thing A Little Too Far

Posted on July 12, 2010
I readily and proudly admit to being a plaintiff's lawyer.   And, I confess, from time to time I have  taken what some would argue as "aggressive" positions on the responsibility of certain defendants to warn others of the risk of harm...

Tennessee Legislative Changes - 2010

Posted on July 09, 2010
Public Chapter 787 has changed the law concerning the amount of exemption you receive for personal property if you file bankruptcy.  The old law provided for an exemption of $4000.   The new law increases the exemption to $10,000. If you are a plaintiff's tort lawyer and you think this change will impact your practice in any material way, I suggest you read an article I wrote on case selection.

Tennessee Legislative Update - 2010

Posted on July 08, 2010
The Tennessee General Assembly passed several bills that became law effective July 1, 2010.  One of those is Public Chapter 752.   The legislation revises a deadline for a special definition of governmental entities in governmental tort liability cases against governmental entities in Shelby County...

Leading Tennessee Tort Cases - Causation - Suicide Cases

Posted on July 07, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 13.6     Suicide Cases The Case: White v. Lawrence, 975 S...

SVMIC Financial Results - 2009

Posted on July 06, 2010
On June 15, 2010 I reported that SVMIC, the bedpan mutual that insures the vast majority of Tennessee doctors,  reduced its rates by 23.1% .  I also reported that  the company declared a $20,000,000 dividend.  The net effect of the dividend means that policyholders with a history of no paid claims will receive another 8% reduction (or so) in rates effective May 15, 2010...

Leading Tennessee Tort Cases - Causation - Loss of Chance

Posted on July 02, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 13.5    Loss of Chance The Case: Kilpatrick v. Bryant, 868 S...

Suit Against Google Maps Falls Short on Causation Element

Posted on July 01, 2010
Hat tip to Abnormal Use:  The Unreasonably Dangerous Products Liability Blog for advising me about this Utah lawsuit. Apparently, a  woman followed Google Maps walking directions on her Blackberry, walking  across  a four-lane highway where she was struck by an approaching vehicle...

Tennessee Court of Appeals Uses Photographs in Opinion

Posted on July 01, 2010
Judge Susano and his colleagues on the Eastern Section of the Tennessee Court of Appeals issued an opinion yesterday in Usher v. Charles Blalock & Sons, Inc.   The opinion addresses some important issues of Tennessee law, but is mentioned here because it utlizies photographs scanned into the body of the opinion to help the reader understand how the wreck occurred...

Leading Tennessee Tort Cases - Causation - Level of Proof Necessary (More Probable Than Not)

Posted on June 30, 2010
   This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 13.4     Level of Proof Necessary (More Probable Than Not) The Case: Bara v...

Trial Fusion Software

Posted on June 28, 2010
Trial Fusion is a software program designed to make it easier to keep track of exhibits at trial and publish them to the jury.   Read more about it here.   A three-minute video explaining the program is here.

Leading Tennessee Tort Cases - Causation - Intervening and Superseding Causes

Posted on June 25, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 13.3     Intervening and Superseding Causes The Case: Potter v...

Leading Tennessee Tort Cases - Causation - Cause in Fact vs. Proximate Cause

Posted on June 23, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.; To order the book go here. § 13.2     Cause in Fact vs. Proximate Cause The Case: Hale v...

New Book in the Mail

Posted on June 22, 2010
I have good news for all of you who pre-ordered a copy of Day on Torts:  Leading Cases in Tennessee Tort Law:  the book arrived from the printer on Monday and the vast majority of the advance sale copies were shipped out the same day.  The balance of the advance sale copies will be mailed on Tuesday the 22nd...

A Post From the Past

Posted on June 21, 2010
 Fifty months ago "Steven" and I had an ongoing debate about a post I wrote about the John Ritter case.  I have repeated it below: Steven and I have been having a discussion - it started here. Here is his latest missive: "My mistake, I did not mean to state that this particular lawyer(s) was sleazy, but that the trial bar in general is sleazy...

Leading Tennessee Tort Cases - Causation - Generally

Posted on June 18, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 13.1     Generally The Case: McClenahan v. Cooley, 806 S...

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