Poor pleading of conversion in a case involving trust required dismissal of conversion claim.  Particularity in pleading is required for such claims. In Stalnaker v. Cupp, No. M2023-00404-COA-R3-CV (Tenn. Ct. App. June 18, 2024), plaintiff was the sole beneficiary of a residual trust, and plaintiff and defendant were co-trustees. A related surviving spouse trust existed, and when the surviving spouse passed away, defendant was the executor of her estate and her sole beneficiary. Three years after the surviving spouse’s estate was closed, plaintiff had a stroke that left him impaired for s ..read more

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Campbell 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 Campbell County court system ..read more

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Cheatham 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 Cheatham County court system ..read more

Where a child’s booster seat was only dangerous because it was used in conjunction with an aftermarket seat belt extender, the booster seat manufacturer had no duty to warn purchasers of that potential danger under Tennessee products liability law. In Woodruff v. Ford Motor Company, No. E2023-00488-COA-R3-CV (Tenn. Ct. App. May 28, 2024), plaintiff’s husband was killed and her children were severely injured in a car accident. At the time of the accident, her husband was driving a Nissan vehicle. Her son sat in the back seat in a booster seat manufactured by defendant. Because the car had reces ..read more

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Fayette 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 Fayette County court system ..read more

Because a seat belt connector was safe for its intended use when it left the manufacturer, the manufacturer was entitled to summary judgment on plaintiff’s failure to warn claim. In Woodruff v. Ford Motor Company, No. E2023-00889-COA-R9-CV (Tenn. Ct. App. May 20, 2024), plaintiff’s husband was killed and her children were severely injured in a car accident. At the time of the accident, her husband was driving a Nissan vehicle. Her son sat in a booster seat in the back seat. Because the car had recessed seat belt receivers, the husband had added a seat belt extender to the back seat belt. The s ..read more

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Warren 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 Warren County court system ..read more

Signing an optional arbitration agreement during the process of signing other nursing home admission paperwork is a legal decision, not a healthcare decision, according to the Tennessee Supreme Court. In Williams v. Smyrna Residential , LLC, 685 S.W.3d 718 (Tenn. 2024), Granville Williams, Jr. (“Williams”) executed a durable power of attorney (“POA”) appointing his daughter, Karen Sams (“Sams”), as his attorney-in-fact. This POA gave Sams authority to act for Williams “in all claims and litigation matters.” The POA did not mention healthcare decisions and no healthcare POA was executed. In 202 ..read more

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Lawrence 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 Lawrence County court system ..read more

July 1, 2024 is the effective date for changes to the Tennessee Rules of Civil Procedure and Evidence. That is why I created a new book that contains the up-to-date Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).  It has the rules you need on motion day or in trial, and no other rules that only add only bulk.  Who needs to haul the  Tennessee Supreme Court rules,  the Tennessee Rules of Appellate Procedure, etc.  to a trial court?  No one. The book is in a 6 x 9 format.  It uses a larger font that other rule books and is printed on white ..read more