New Case on Causation

The Middle Section of the Tennessee Court of Appeals just issued its opinion in Robbins ex rel. Robbins v. Perry County, Tennessee, No. M2008-00548-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2009). The opinion has a good discussion of causation in Tennessee.

The opinion also discusses the standard of review for a Rule 12 motion to dismiss. The Court's discussion is a good refresher to the Tennessee practitioner.

Here's the link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/092/RobbinsDOPN.pdf

Pozner & Dodd's Book

Get this book, to wit: Larry S. Pozner & Roger J. Dodd, Cross-Examination: Science & Techniques (2nd ed. 2004). It's a very useful tool for your trial practice.

Here's their Web site: http://www.pozneranddodd.com/index.html

Why I Do What I Do

I'm a trial lawyer. And I am very proud of what I do. I help people who for one reason or another can't help themselves. I believe the law is a learned profession, which must be respected. Traditionally, law, religion, and medicine have always been "learned professions." Looking back on this history of human kind, lawyers, religious leaders, and doctors have made things better for us all.

I have heard others say that the only difference between a lawsuit and a back-alley brawl is the law. The law gives someone --- anyone --- who has been wronged, or charged with a crime, the right to go before twelve of his or her peers who will decide what should be done according to the law. This system prevents people from taking the law into their own hands; it prevents anarchy and injustice; and it prevents the few from being oppressed by the many or the strong from oppressing the weak. This right to a jury trial --- to justice --- is sacred. That is why I so strongly oppose those who would do away with it --- and with justice.

This is why I do what I do.

Lastly, I want to leave you with these two verses from the Bible:

1 Woe to those who make unjust laws,

to those who issue oppressive decrees,
2 to deprive the poor of their rights

and withhold justice from the oppressed of my people,

making widows their prey

and robbing the fatherless.

Isaiah 10:1-2 (NIV).

Happy Easter or Passover!

I hope you all have a great holiday.

New Med Mal Opinion

The Western Section of the Tennessee Court of Appeals just issued its opinion in Jackson v. Joyner, No. W2008-00906-COA-R3-CV (Tenn. C.t App. Apr. 7, 2009). It offers a good discussion on expert opinions and their admissibility.

Here's a link to the opinion:
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/092/JacksonJackieOPN.pdf

Becky Mungai, RN, BA, CLNC

Need a nurse consultant who can get the job done? Contact Becky Mungai. She can help you out.

Here's the link to her Web site:

http://www.mungaiassociates.com/index.html

Speak-Write

Do you use Speak-Write? Have you even heard of it? It's a Web-based dictation service that can save you a lot of time and money.

Here's the Web site: http://www.speak-write.com/web/

Hope this helps!

New Court of Appeals Opinion on Agency

The Western Section of the Tennessee Court of Appeals just released its opinion in Abshure v. Upshaw, No. W2008-01486-COA-R3-CV (Tenn. Ct. App. Mar. 17, 2009).

The opinion holds that a second nonsuit of an agent after the saving statute has ran bars any claim against the principal based upon respondeat superior. Abshure, No. No. 2008-01486-COA-R3-CV, slip. op. at 8-12.

Here's the link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/AbshureJoannOPN.pdf

Tri-Star Health Systems

Here's a link to Tri-Star Health Systems Web site:

http://www.tristarhealth.com/

This site is useful because it gives you the number of beds a facility has and doctor contact information, among other things.

Another Uninsured Motorist Case

Here is another uninsured motorist case that discusses service of process under Tennessee Code Annotated section 56-7-1206. The case is Kirby v. Wooley, No. E2008-00916-COA-R3-CV (Feb. 27, 2009).

The case discusses how service of process is governed by section 56-7-1206 and not Rule 3 of the Tennessee Rules of Civil Procedure in uninsured motorist cases.

Here's the link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/KirbylcOPN.pdf

This case should be read with my post of June 8, 2007, which also discusses service of process in a uninsured motorist context in Buck v. Scalf.

I hope this helps.

New Premises Liability Case

The Middle Section of the Tennessee Court of Appeals just issued its opinion in Freemon v. Logan's Roadhouse, Inc., No. M2007-01796-COA-R3-CV (Tenn. Ct. App. Feb. 25, 2009).

The opinion does a great job of explaining (1) the proper standard for granting summary judgment after Hannan and Martin; (2) when a duty arises in the context of a premises liability case; and (3) determining if a plaintiff's degree of negligence is, as a matter of law, greater than that of a defendant (which would prevent a plaintiff from recovering under out system of modified comparative fault).

Here's the link to the slip opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/Freemon%20v%20LogansOPN.pdf

Sentinel Event Statistics

This link will take you to a document of the Joint Commission on the Accreditation of Healthcare Organizations that contains sentinel event statistics through last year. There's some pretty interesting stuff there.

Here's the link:

http://www.jointcommission.org/NR/rdonlyres/241CD6F3-6EF0-4E9C-90AD-7FEAE5EDCEA5/0/SE_Stats12_08.pdf

Firm News

It the interests of full disclosure, I wrote the Amicus Curiae Brief for the Tennessee Association for Justice in Thomas v. Oldfield, which is the subject of my Feb. 2, 2009 post.

Phil Campbell of Memphis, Tennessee helped a great deal with editing the brief. Phil's sharp intellect and keen eye were a blessing. Thanks Phil!

Totally Unrelated to the Law...

This post has NOTHING to do with the law. It does, however, have something to do with the enjoyment of life thought art. Clifford Bailey is one of my favorite artists. Here's a link to his Web site: http://www.cliffordbailey.com/. Check it out. I think you'll like his work.

Firm News

We won yesterday! We got a favorable jury verdict at trial for our clients in the Bedford County Circuit Court in Shelbyville, Tennessee. The jury did a great job of listening to the issues and coming up with a verdict.

Yesterday also reaffirmed my faith in the civil justice system and juries. The jury heard all the evidence, weighed it, and rendered a verdict after carefully deliberating over the issues. The system works.

Additionally, defense counsel and I proved that you can disagree with each other and still get along, which is how it should be.

Lastly, I want to congratulate everyone who worked on this case. It was truly a team effort. Thanks to all.

Another Locality Rule Opinion

The Middle Section of the Tennessee Court of Appeals just issued another medical malpractice opinion concerning the locality rule. The case is Grisham v. McLaughlin, No. M2008-00393-COA-R3-CV (Tenn. Ct. App. Feb. 4, 2008). The Court of Appeals affirmed the trial court's grant of summary judgment due to the plaintiffs failure to comply with the locality rule, which is codified at Tennessee Code Annotated section 29-26-115(a).

The parties' names may ring a bell to some of you. They should. This is the second time this case has been to the Court of Appeals over a summary judgment issue. The first time the trial court was reversed for not giving the plaintiff enough time to respond to the defendants' motion for summary judgment.

This new opinion stresses the importance of complying with the locality rule. which may be done by showing the the proffered expert practices in the same community or a similar community as the defendant. A community may be proven to be similar by showing the size of the community, the existence or non-existence of teaching hospitals, etc. Grisham, No. M2008-00393-COA-R3-CV, slip op. at 4.

Here's the link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/GrishamLOPN.pdf

The Discovery of a Defendant's Liability Insurance Information in Tennessee State Court

The Tennessee Supreme Court issued its much-awaited opinion today in Thomas v. Oldfield, M2006-02767-SC-R11-CF (Tenn. Feb. 2, 2009). With a few exceptions, the Court held that a defendant's liability insurance information is not discoverable.

Here's the link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/091/ThomasJGOpn.pdf

New Med Mal Case

The Middle Section of the Tennessee Court of Appeals recently issued a new med mal opinion. The case is Cox v. M.A. Primary and Urgent Care Clinic, No. M2007-01840-COA-CV (Tenn. Ct. App. Jan. 30, 2009).

The case is noteworthy because it offers a post-Hannan analysis of summary judgments in a medical malpractice context. (For the uninitiated, Hannan v. Alltel Publ'g Co., which is discussed in my Nov. 8, 2008 post, is the case that recently reaffirmed Tennessee's standard for granting summary judgments).

The Cox case also held that: "[t]he standard of care applicable to a physician assistant is that of the supervising physician in the community in which the supervising physician practices." Cox, M2007-01840-COA-CV, slip. op. at 6.

Here's the link to the case:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/Cox%20v%20MA%20PrimaryOPN.pdf

Another Post-Hannan Summary Judgment Case

The Court of Appeals recently decided Condra v. Bradley County, Tenn., No. E2007-01290-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2009). This case offers an analysis of when a court is to grant summary judgment to a party, particularly in a GTLA case.

Here's the link to the case:
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/condrajopn.pdf

New Case on Hospital Lien Statute

The Court of Appeals has held that a hospital's lien is not reduced by one-third for plaintiff's attorney's fee when the recovery is sufficient to pay the hospital's lien and the attorney's fee. The case is Breazeale v. Hensley, E2008-00234-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2009).

Here's the link to the case:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/breazealewrOPN.pdf