No causation or improper motive in tortious interference case
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
3d ago
Where plaintiffs asserting a tortious interference with a business relationship claim could not show that the defendants intended to cause a breach or termination of the relationship, which had already been breached before defendants’ involvement, or that defendants acted with an improper motive, summary judgment for defendants was affirmed. In Throckmorton v. Lefkovitz, No. M2022-01124-COA-R3-CV (Tenn. Ct. App. Feb. 29, 2024), plaintiff attorneys had previously represented clients in a property dispute in which clients’ goal was to be awarded the property at issue. Plaintiffs and clients had ..read more
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Sullivan County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
3d ago
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Sullivan County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics. Click on the link for more information on the Sullivan County court system ..read more
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Insured Refuses to Give Examination Under Oath – No Coverage
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
5d ago
What is the consequence of a refusal to give an examination under oath to your  Tennessee automobile insurance insurer?  Your policy can be rendered void. The facts. Ponnapula was in a car wreck with Mr. Wright.  It appears there was not any liability insurance on the vehicle being driven by Mr. Wright.  Mr. Ponnapula made a claim against his own uninsured/underinsured motorist insurer, Tennessee Farmers Mutual Insurance Company ..read more
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Montgomery County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
5d ago
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Montgomery County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics. Click on the link for more information on the Montgomery County court system ..read more
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The Duty to Inquire and Limitation of Actions
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
1w ago
Tennessee court holds that publicly available information triggered the duty to inquire and claim being barred by the statute of limitations. The Facts In First Community Bank, N.A. v. First Tennessee Bank, N.A., No. E2022-00954-COA-R3-CV (Tenn. Ct. App. Feb. 13, 2024), plaintiff bank purchased “approximately $135 million in asset-backed securities in the form of 11 notes issued by several collateralized debt obligations and a collateralized mortgage obligation,” including some purchased from defendant. All purchases were completed by 2007. By May 2008, plaintiff knew that the securities had l ..read more
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Intentional misrepresentation claim dismissed where misrepresentation only related to future action.
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
1w ago
Where defendants filed a counterclaim for intentional misrepresentation, but defendants’ allegations all centered around promises that plaintiffs had made to take certain actions in the future and defendants did not allege that plaintiffs had no present intention of performing when the promises were made, dismissal of the intentional misrepresentation claim was affirmed. In Auxin, LLC v. DW Interests, LLC, No. M2022-01087-COA-R3-CV (Tenn. Ct. App. Jan. 25, 2023), plaintiffs sued defendants asserting various claims related to a real estate development contract. Defendants filed a counter-claim ..read more
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Assault and battery summary judgment reversed.
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
1w ago
Where video footage involving an altercation between a high school basketball coach and a student from another school was open to more than one interpretation, summary judgment for the coach on the student’s assault and battery claims was reversed. In Kelley v. Root, No. W2022-01625-COA-R3-CV (Tenn. Ct. App. Jan. 29, 2024), plaintiffs were a high school student and his mother, and plaintiff student had been involved in a multi-person altercation between two opposing high school basketball teams. Video of the altercation showed defendant coach making contact with the student, and the student th ..read more
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Rutherford County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
1w ago
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Rutherford County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics. Click on the link for more information on the Rutherford County court system ..read more
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Wrong Site Surgery – An Example
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
1w ago
MagMutual, a professional liability insurer for physicians and surgeons, does an excellent job trying to educate doctors about how to avoid mistakes that cause injury or death and subsequent medical malpractice lawsuits. The company recently released a case study on wrong site surgery.  “Wrong site surgery” occurs when a doctor operates on a part of the body he or she did not intend to operate on.  The case study set forth in its entirety below. Executive Summary ..read more
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Medication Errors Result in Injury and Death
The Law Offices of John Day PC | Day on Torts
by The Law Offices of John Day, P.C.
2w ago
MagMutual, a leading healthcare liability insurer of physicians and surgeons, reports that  “[m]edication errors account for 8% of medical malpractice claims among family practitioners insured by MagMutual. It is estimated that about 50% of medication errors are due to ordering issues, including wrong medication, wrong dose or wrong route.” The company reports that [t]he main causes of claims related to medication errors are ..read more
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