Medical Malpractice: Summary Judgment for Defendant Affirmed

The Eastern Section of the Court of Appeals issued its opinion today in Harris v. Jain, No. E2008-01506-COA-R3-CV (Tenn. Ct. App. Aug. 31, 2009). This is an unfortunate case involving adolescent suicide. However, the opinion offers good insight into the general qualifications of experts (e.g., when the common-knowledge exception is inapplicable) in medical malpractice case.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/093/Herb%20A%20Harris%20v%20Pradumna%20S%20Jain%20MD%20OPN.pdf

A Trial Lawyer's Prayer

Grant me the wisdom of Solomon; the patience of Job; and the aim of David.

Abe Lincoln

This is one of my favorite pics of Abe Lincoln. Take a look at this link to see what I'm talking about:

http://www.lawgallery.com/go.php?page=detail&pid=71&gid=2

Judicial Notice

The Tennessee Supreme Court just issued a criminal opinion that has a good discussion of judicial notice starting on page 4. The opinion is State v. Lawson, No. E2007-00330-SC-R11-CD (Tenn. Aug. 24, 2009).

Here's the link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/093/SC%20State%20v%20Neddie%20Mack%20Lawson%20OPN.pdf

New Tennessee Products Liability Case

Today the Tennessee Supreme Court issued its opinion in Lincoln Gen. Ins. Co. v. Detroit Diesel Corp., No. M2008-01427-SC-R23-CV (Tenn. Aug. 21, 2009). The Court answered a certified question of law that it accepted from the United States District Court for the Middle District of Tennessee, to wit: Does Tennessee law recognize an exception to the economic loss doctrine under which recovery in tort is possible for damage to the defective product itself when the defect renders the product unreasonably dangerous and causes the damage by means of a sudden, calamitous event? The Court answered it in the negative.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/093/SC%20Lincoln%20General%20Ins%20v%20Detroit%20Diesel%20Corp%20et%20al%20Opn.pdf

Medical Malpractice: Summary Judgment for Defendant Reversed

The Tennessee Court of Appeals just issued its opinion in Givens, Administrator of the Estate of Jessica E. Givens v. The Vanderbilt Univ., M2008-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2009). Plaintiff never received Defendants' motion for summary, which was granted. Upon finding out what had happened, Plaintiff filed a motion to set aside the grant of summary judgment. Plaintiff's motion was was denied. This appeal ensued.

The Court of Appeals reversed the trial court and held that it abused its discretion in failing to grant Plaintiff's Rule 60.02 motion for relief.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/093/Aubrey%20E%20Givens%20v%20Vanderbilt%20OPN.pdf

Medical Malpractice: Update

This post concerns Cox v. M.A. Primary and Urgent Care Clinic, No. M2007-01840-COA-CV (Tenn. Ct. App. Jan. 30, 2009). It was the subject of my February 2, 2009 post. Today the Tennessee Supreme Court granted M.A. Primary and Urgent Care Clinic and Austin Adams's application for permission to appeal. The new docket number is M2007-01840-SC-R11-CV.

Does a "Free Lunch" Still Exist?

Despite the old saying that "There's no such thing as a free lunch," some lawyers in Tennessee are enjoying one. Why? Because lawyers who do personal injury cases and who do not belong to the Tennessee Association for Justice ("TAJ") and the American Association for Justice ("AAJ") are getting a "free lunch." They simply do not support the organizations that support and improve the very system from which their livelihood is derived.

Moreover, lawyers who belong to the above-referenced organizations have access to a wealth of knowledge and experience to draw from that will benefit their clients.

So, if you're a Tennessee lawyer who handles personal injury cases, please consider joining TAJ and AAJ. Here's their Web sites:

http://www.tnaj.org/TN/

http://www.justice.org/cps/rde/xchg/justice/hs.xsl/default.htm

P.S. If you are already a member, ask someone you know who is not a member to join. Thanks!

Medical Malpractice: 2.78 Million Dollar Jury Verdict Upheld on Appeal

The Eastern Section of the Tennessee Court of Appeals just issued its opinion in Farley v. Oak Ridge Med. Imaging, P.C., No. E2008-01731-COA-R3-CV (Tenn. Ct. App. Aug. 13, 2009). The Court of Appeals upheld the jury's verdict for 2.78 million dollars because the defendants were negligent in diagnosing Mrs. Farley's breast cancer.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/093/Robin%20Farley%20et%20al%20v%20Oak%20Ridge%20Med%20Imaging%20PC%20et%20al%20OPN.pdf

Chain-of-custody Case

This is a rare post on this blog because it involves a criminal case styled State v. Banks, No. 40600738, No. M2008-00044-CCA-R3-CD (Tenn. Crim. App. Aug. 11, 2009). Pages 9-12 of this slip opinion offer a good discussion on the law relating to the chain of custody of evidence offered at trial.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/tcca/PDF/093/State%20v%20John%20M%20Banks.pdf.

Sonia Sotomayor Confirmed

The U.S. Senate confirmed Sonia Sotomayor. She will be our newest U.S. Supreme Court associate justice. Here's a link to the story:

http://www.msnbc.msn.com/id/32312026/ns/politics-white_house?GT1=43001

Municipal Codes in Tennessee

Here's a link to municipal codes for most of Tennessee's major cities, to wit:

http://www.municode.com/Resources/code_list.asp?stateID=42

This may assist a practitioner looking for a cause of action based upon negligence per se. Good luck!

Medical Malpractice: Summary Judgment for Defendant Affirmed

Here is an opinion from the Middle Section of the Tennessee Court of Appeals styled Badgett v. Adventist Health Sys. Sunbelt, Inc., No. M2007-02192-COA-R3-Cv (Tenn. Ct. App. July 31, 2009). The Court held that the plaintiffs' expert did not satisfy the locality rule under the Medical Malpractice Act and affirmed the trial court's grant of summary judgment.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/093/George%20Badgett%20et%20al%20v%20Adventist%20Health%20Sys%20dba%20TN%20Christian%20Med%20Ctr%20Opn.pdf