Minor Can Recover Medical Expenses
The Tennessee Court of Appeals has ruled that a minor can sue to recover medical expenses paid to treat injuries received by the minor as a result of the negligence of another. Although most of us (at...
View ArticleTolling Statute Applies to Plaintiffs Who Have Given Durable Power of Attorney
The Tennessee Supreme Court has ruled that the fact that an injured plaintiff had given his son a durable power of attorney did not prevent the plaintiff from relying on the "mental disability" tolling...
View ArticleFascinating Opinion out of Kentucky
The Kentucky Court of Appeals has ruled that a product manufacturer "should be estopped as a matter of law from relying on the statute of limitations by virtue of its fraudulent concealment of defects...
View ArticleSex Abuse Cases Against Therapists
If you have a potential claim for professional misconduct against a therapist for sexually abusing or inappropriately touching a patient, don’t forget that Tennessee has a special act for such torts....
View ArticleAn Important Change to the Tennessee Statute of Limitations That Affects the...
For many years, the Tennessee statute of limitations was tolled for those of "unsound mind." That law has now changed, and the statue of limitations is tolled only for those who are "adjudicated...
View ArticleTolling Agreements, The Savings Statute and Tennessee Law
The Tennessee Court of Appeals recently issued an important decision regarding the interplay between the savings statute and tolling agreements. The facts of Circle C Const., LLC v. Hilson,...
View ArticleStatute of Limitations – One Day Late Too Late
In Redmond v. Walmart Stores, Inc., No. M2014-00871-COA-R3-CV (Tenn. Ct. App. Dec. 22, 2014), plaintiff filed a premises liability claim after she slipped and fell on a puddle of water in a...
View ArticleAdding Employer As Defendant More Than One Year After Incident
When a plaintiff files a auto or other personal injury lawsuit, he may not be aware of all the potential defendants that should be named. Fairly often, a plaintiff may seek leave to amend his complaint...
View ArticleReal Estate Statute of Repose Wipes Out Fire Loss Case
In Hayes v. Coopertown’s Mastersweep, Inc., No. W2014-00783-COA-R3-CV (Tenn. Ct. App. April 17, 2015), plaintiffs brought a negligence claim based on the alleged negligent inspection of their...
View ArticleTennessee Effectively Reduces Statute of Limitations in Claims Filed Against...
In Moreno v. City of Clarksville, No. M2013-01465-SC-R11-CV (Tenn. Sept. 18, 2015), the central issue surrounded the interplay of the 90-day window provided by Tenn. Code Ann. § 20-1-119 to add a...
View ArticleTolling Due to “Adjudicated Incompetent” Requires That There Was Judicial...
In 2011, the Tennessee legislature amended Tenn. Code. Ann. § 28-1-106 regarding tolling of statutes of limitations, replacing the language “of unsound mind” and “after the removal of such disability”...
View ArticleHCLA Statute of Limitations Issue A Jury Question
A recent appeal in a claim filed under the Health Care Liability Act (HCLA) turned on when the statute of limitations began to run and whether a doctor was an employee under the Governmental Tort...
View ArticleLegal Malpractice – Statute of Limitations – Discovery Rule
In Credential Leasing Corp. of Tenn., Inc. v. White, No. E2015-01129-COA-R3-CV (Tenn. Ct. App. May 17, 2016), plaintiff lender brought various claims against defendant lawyer, including claims for...
View ArticleTennessee Legal Malpractice Statute of Limitations
In a recent legal malpractice case, the Tennessee Court of Appeals held that the one-year statute of limitations had run and that the case should accordingly be dismissed in total. In Story v....
View ArticleNo Tort Claim Where Plaintiff Was Found To Have Caused Her Own Loss
In Haynes v. Bass, No. W2015-01192-COA-R3-CV (Tenn. Ct. App. June 9, 2016), plaintiff brought suit against her ex-husband, a mortgage company, a title company and an attorney claiming she suffered...
View ArticleDeath of Lawyer’s Infant Son is “Extraordinary Cause” under HCLA
The Court of Appeals recently examined whether the sickness and death of a lawyer’s child constituted extraordinary cause under the HCLA, finding that it did in fact excuse noncompliance with the...
View ArticleBlank HIPAA Form Deemed Non-Compliant by Tennessee Court
In J.A.C. v. Methodist Healthcare Memphis Hospitals, No. W2016-00024-COA-R3-CV (Tenn. Ct. App. Nov. 2, 2016), a plaintiff lost her chance to pursue her Tennessee medical malpractice claim due to an...
View ArticleOne Year Statute of Limitations Bars Misrepresentation Claims
In Sakaan v. FedEx Corporation, Inc., No. W2016-00648-COA-R3-CV (Tenn. Ct. App. Dec. 21, 2016), the Court of Appeals affirmed dismissal of a misrepresentation claim based on the statute of limitations....
View ArticleTime Runs Under Statute of Limitations Only If There is a Person Who Can File...
Although the issue rarely arises, the statute of limitations on a claim does not begin to run until there is a person who can properly bring the action. In In re Estate of Link, No....
View ArticleMalicious Prosecution Claims – Statute of Limitations
A conviction in a criminal case, even if a post-conviction appeal is pending, does not satisfy the element of a “prior action [being] finally terminated in favor of plaintiff” for the purpose of a...
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