Posted in Medical Malpractice on March 13, 2014
Recently, we reported on the Supreme Court of Tennessee ruling in Myers v. Amisub (SFH), Inc. that outlined the pre-suit notice and filing requirement under the 2008 amendments to the Tennessee Medical Malpractice Act (“Act”). To recap, Tennessee Code Annotated § 29-26-121 (“§ 121”) requires that an individual initiating a medical malpractice claim serve the… read more
Recent Tennessee Case Further Defines Premises Liability for Hotel Owners and Operators
Posted in Negligence on March 10, 2014
In Nashville, land owners owe a duty to those they invite onto their land. This applies throughout Tennessee to both to house guests, customers, and even to trespassers in some situations. In a recent opinion by a Tennessee court of appeals, the court took the opportunity to elaborate on and explain in detail the duty… read more
Case Dismissed Against a Tennessee City for Pothole-Related Injury
Posted in Motorcycle Safety,Negligence,Personal Injury on March 4, 2014
A recent case in front of the Tennessee Court of Appeals at Jackson illustrates the difficulties of bringing a tort action against a municipality in the State of Tennessee. In the case of Merrell v. City of Memphis, a motorcycle rider sued the city of Memphis for injuries he sustained when he crashed his motorcycle… read more
Posted in Car Accident on March 2, 2014
Recently the Tennessee Court of Appeals at Nashville decided a case that may limit a plaintiff’s ability to add defendants to a complaint. In the case of Morris v. Phillips, Ms. Morris was rear-ended and sought damages for her property damages and injuries. When she filed her complaint, she added the name of one driver,… read more
Posted in Medical Malpractice on February 26, 2014
In 2008, the Tennessee legislature enacted two statutes that have significantly impacted medical malpractice lawsuits in Tennessee. The statutes amended the Tennessee Medical Malpractice Act (“MMA”), creating a notice and filing requirements that, if not “substantially complied” with, may result in the dismissal of a medical malpractice claim. Having your medical malpractice claim dismissed can… read more
Crash Involving Armored Car Near the Kentucky Border Kills One
Posted in Car Accident on February 21, 2014
Earlier this month near the Tennessee-Kentucky border, an armored Loomis truck rolled over and ended up in the median. According to a report by NewsChannel5.com, one person was killed as a result of the accident. The truck was allegedly carrying bank documents and there is no indication that private account information was compromised. Determining Fault… read more
One Dead, Three Injured in Tennessee Auto Accident
Posted in Car Accident,Negligence on February 21, 2014
Just a few weeks ago, a serious accident ended the life of one Tennessean and sent three others to the hospital. According to a report by the local NBC affiliate, a Chevrolet Cruze was heading west on U.S. Highway 321 when a Chevrolet Astro Van pulled out in front of it, just off of Endsley… read more
Serving the Defendant with the Lawsuit within One Year of the Wreck
Posted in Personal Injury on January 31, 2014
It is a personal injury plaintiff’s worst nightmare: finding out that you can’t recover for the accident you were in strictly because you failed to comply with a technical, procedural requirement. However frustrating this is, it is all too common in Tennessee civil courts today. The recent Tennessee Supreme Court decision of weighs in on this… read more
Truck Crash at Kentucky/Tennessee Border: Determining Fault of the Drivers
Posted in Car Accident,Truck Wreck on January 28, 2014
Honda Bike and ATV Safety Questioned
Posted in Motorcycle Safety on November 1, 2012
The largest Honda power sports dealership in the country is under investigation by both state and federal authorities for allegedly selling unsafe motorcycles, all-terrain vehicles (ATV), and dirt bikes. Southern Honda Powersports in Chattanooga is under investigation by both the National Highway Traffic Safety Administration (NHTSA), the U.S Attorney’s Office in Nashville and the Tennessee… read more