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Wednesday, July 13, 2016

New Health Care Liability Action Opinion: Court of Appeals Reverses Grant of Summary Judgment to Defense; Extraordinary Cause Found to Exist, Which Excused Compliance with Tennessee Code Annotated section 29-26-121(b)

The Tennessee Court of Appeals just issued its opinion in Kirby v. Sumner County Regional Medical Center, No. M2015-01181-COA-R3-CV (Tenn. Ct. App. Jul. 12, 2016).  The summary from the slip opinion states as follows:
This is a health care liability action.  The plaintiff suffered permanent damage after receiving medical treatment from the defendant hospital. The plaintiff filed suit exactly one year after her hospital stay. The defendant hospital moved to dismiss, arguing that the plaintiff failed to comply with the pre-suit notice and good faith requirements applicable to health care liability actions. The plaintiff later argued that the failure to comply with the necessary requirements should be excused for extraordinary cause as evidenced by the passing of her legal counsel‟s son four days prior to the filing of the complaint. The trial court granted summary judgment, finding that no extraordinary cause existed. The plaintiff appeals. We reverse the judgment of the trial court.
(Footnote omitted.)

Here is a link to the opinion:

NOTE: If EVER there was a case where "extraordinary cause" existed, which would excuse compliance with Tenn. Code Ann. sec. 29-26-121(b), it is this case.  Plaintiff's counsel's infant son passed away, which prevented Plaintiff's counsel from complying with -121(b). 

Thursday, July 07, 2016

New Opinion on Sudden Emergency and Loss of Consciousness: Trial Court's Jury Instructions Held Not to Be Error on Appeal

The Tennessee Court of Appeals recently issued its opinion in Boshears v. Brooks, No. E2015-01915-COA-R3-CV (Tenn. Ct. App. Jul. 6, 2016).  The syllabus from the slip opinion states as follows:
This appeal arises from a negligence case brought after an automobile accident. James Boshears (“Boshears”) was a passenger in a vehicle driven by his girlfriend that was struck by a vehicle driven by Cleave C. Brooks (“Brooks”). Boshears sued Brooks in the Circuit Court for Anderson County (“the Trial Court”). Boshears alleged that Brooks was negligent in operating his vehicle. Brooks asserted that he suffered a stroke immediately prior to the accident, that he lost consciousness, and that, consequently, he could not be found negligent. The case was tried to a jury. The jury found that Brooks was not at fault. Boshears appealed to this Court. On appeal, Boshears argues that the Trial Court erred in charging the jury with sudden emergency when comparative fault was not raised by Brooks. Boshears also asserts that the Trial Court erred in charging the jury on both sudden emergency and loss of consciousness. We affirm the judgment of the Trial Court.
Here is a link to the opinion:

Monday, July 04, 2016

Happy Independence Day!

I almost talked myself out of posting this video clip (why, I don't know), but then I thought better of it; here it is:

I love this video!  I have since I first came across it years ago.

And, as John Adams wrote:
[I] am apt to believe that [Independence Day] will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance by solemn acts of devotion to God Almighty; it ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires and illuminations from one end of this continent to the other, from this time forward forever more....

Celebrate the liberty we enjoy this day; and teach your kids why we do so, too. 

My two cents' worth.