Personal Injury Law

Ohio Speaks Out on Settlement Proposals Requiring Plaintiff's Lawyers to Indemnify Opposing Parties

Posted on February 17, 2011
The Board of Commissioers on Grievances and Discipline of The Supreme Court of Ohio has released an opinion of the issue of whether, during settlement of a matter, it is ethical for a lawyer to propose, demand, and or agree to personally satisfy any and all claims by third persons as to settlement funds...

Leading Tennessee Tort Cases - Defamation - Judicial Privilege

Posted on February 16, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 24.6     Judicial Privilege  The Case: Myers v...

Patients Are Dying From Unheard Alarms

Posted on February 15, 2011
The Boston Globe reports that more than 2000 people died in a period of a little more than five years because of issues arising from alarms on hospitalized patients.  The cause in many cases:  personnel did not notice that the alarms were sounding or ignored them...

Hot Off the Press: Medical Malpractice and the President

Posted on February 15, 2011
From the AP at 1:43 PM EST on 2/15/11 Obama starts drive for medical malpractice reforms WASHINGTON — Putting his own stamp on a long-standing Republican priority, President Barack Obama is launching a drive to overhaul state medical malpractice laws and cut down on wasteful tests doctors perform because they fear lawsuits...

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Mississippi Supreme Court Strikes Jury Verdict for Plaintiff Because of Failure to Supplement Expert Witness Disclosure

Posted on February 14, 2011
 Plaintiff's accident reconstructionist (Webb) in an auto defect case was deposed about his proposed testimony.  Thereafter, Webb signed an errata  sheet that changed four of the variables he used to make his calculations...

Adjuster v. Lawyer

Posted on February 11, 2011
This video demonstrates the struggles that defense lawyers have with some claims adjusters.

Leading Tennessee Tort Cases - Defamation - Defamatory Statement

Posted on February 11, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 24.5     Defamatory Statement The Case: McWhorter v...

Hospitals Fail to Follow-Up on Test Results

Posted on February 10, 2011
A new study reveals that as many as 75 percent of hospital tests are not followed up and this failure can have serious consequences for patients, including delayed or missed diagnoses and even death. The study is a "study of studies,"  and looked at 12 international studies...

Doctor Turned Congressman Has A History of Malpractice Cases

Posted on February 09, 2011
Here is an interesting story from the New York Times. Malpractice Bill Raises Issues About a Lawsuit By BARRY MEIER Published: February 8, 2011 The lawmaker and retired obstetrician sponsoring a Congressional bill to sharply cut medical malpractice awards was involved in a $500,000 settlement of a malpractice lawsuit...

Leading Tennessee Tort Cases - Defamation - Damages

Posted on February 09, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 24.4     Damages The Case: Myers v. Pickering Firm, Inc...

Adverse Event Protocol in Anesthesia

Posted on February 08, 2011
The Anesthesia Patient Safety Foundation has released this Adverse Event Protocol discussing what should be done when things go bad for a patient receiving or who is under anesthesia. As the author of the plan explains, the "plan of action will help minimize damage to the patient (and also to the involved practitioners) as well as promote understanding and learning that will help prevent recurrence or repetition of the adverse event...

Leading Tennessee Tort Cases - Defamation - Conditional Privilege

Posted on February 04, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. The Case: McWhorter v. Barre, 132 S.W.3d 354 (Tenn. Ct. App. 2003), perm. appeal denied (Mar...

Leading Tennessee Tort Cases - Defamation - Actual Malice

Posted on February 02, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 24.2     Actual Malice The Case: Tomlinson v. Kelley, 969 S...

Discovery Of an Expert's Income From Testifying

Posted on February 01, 2011
The Appellate Division of the Superior Court of New Jersey has ruled that an expert should not be required to reveal details about his income from testifying as an expert witness. In Gensollen v. Pareja,  No. A-0401010T3, (N.J.A.D. 11/19/10), doctor who examined the plaintiff in a personal injury case admitted in a deposition that over 95% of his litigation work was for defendants...

Leading Tennessee Tort Cases - Defamation - Generally

Posted on January 28, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 24.1     Generally               The Case: Davis v...

Lies, Damn Lies and Medical Malpractice Reform

Posted on January 27, 2011
Tennessee consumers injured by medical negligence are facing a full assault on their right to trial by jury.  Some members of the new General Assembly seem hell-bent on placing arbitrary caps on damages, notwithstanding the fact that medical malpractice lawsuits are down over 40% and malpractice insurer profits are soaring...

Preventing and Management of Operating Room Fires

Posted on January 27, 2011
The Anesthesia Patient Safety Foundation has created a video that discusses how to prevent and manage fires that occur in the operating room. The video is 18 minutes long and was released in February 2010. Here is what the organization says about operating room fires: The most notable finding when cases of operating room fires are reviewed is that most if not all are preventable! This video is intended to promote the best practices known to prevent the potentially devastating complication of a fire in the operating room...

2010 Medical Malpractice Reports Due March 1, 2011

Posted on January 26, 2011
The Tennessee Department of Commerce and Insurance has put the medical malpractice case reporting form on its website.   The reports must be filed on or before March 1, 2011. Plaintiff's medical malpractice attorneys who concluded a case in 2010 must complete this form.

Leading Tennessee Tort Cases - Damages - Recovery of Loss of Consortium Damages by Children for Injuries to Parent

Posted on January 26, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.18 Recovery of Loss of Consortium Damages by Children for Injuries to Parent The Case: Taylor v...

Improper Closing Argument on Uncalled Witness Constitutes Reversible Error

Posted on January 25, 2011
The Oregon Supreme Court has ordered a new trial in a case where defense counsel's closing argument included a discussion of  the testimony of an expert who never testified at trial.  The majority and dissenting opinions collect law from across the country on this issue and provide a gold mine of information for lawyers facing a similar issue...

Judgment Affirmed in Land Rover Rollover Case

Posted on January 24, 2011
Mr. Pannu was seriously injured when his Land Rover Discovery (Series 1) sport utility vehicle rolled over following a chain of collisions.  Pannu alleged a design defect in the SUV and was awarded a judgment of $21,654,000. The Court of Appeal of the State of California, Second Appellate District, affirmed the judgment last week...

ProAssurance Profits Continue to Climb

Posted on January 24, 2011
ProAssurance, a nationwide medical malpractice insurer with 57,000 insureds that is based in Birmingham,  has a growing presence in Tennessee.  It has done very well the last few years. In 2005 it had pre-tax income of $109M,  about 17% of revenues...

Leading Tennessee Tort Cases - Damages - Punitive Damages

Posted on January 21, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.17 Punitive Damages The Case: Hodges v. S.C. Toof and Company, 833 S...

State of Tennessee Litigation Statistics From the AOC Annual Report - Part 5

Posted on January 20, 2011
As mentioned in the last four posts (here, here, here and here), the Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Judiciary.  The Report Contains statistical data about our court system...

State of Tennessee Litigation Statistics From the AOC Annual Report - Part 4

Posted on January 19, 2011
As mentioned in the last three posts (here, here and here), the Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Judiciary.  The Report Contains statistical data about our court system. As mentioned in our earlier posts, there were 263 jury trials and 325 non-jury trials in tort cases in Tennessee last year...

Leading Tennessee Tort Cases - Damages - Property Damage

Posted on January 19, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.16 Property Damage The Case: Merritt v. Nationwide Warehouse Co...

Statistics on Tort Cases From the 2009-10 AOC Annual Report on the Judiciary - Part 3

Posted on January 18, 2011
As mentioned in the last two posts (here and here), the Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Judiciary.  The Report Contains statistical data about our court system. Today we look at additional information about tort cases that were filed or tried in state court in Tennessee...

More Statistics on Tort Cases From the 2009-2010 AOC Annual Report on the Judiciary

Posted on January 17, 2011
As mentioned yesterday, the Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Judiciary.  The Report Contains statistical data about our court system. Today we look at information about tort cases that were filed or tried in state court in Tennessee...

State of Tennessee Litigation Statistics From the AOC Annual Report

Posted on January 16, 2011
The Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Tennessee Judiciary.   Over the next few days I will share some data from the Report. We begin with medical malpractice cases.  In the fiscal year ending June 30, 2010, 429 medical malpractice cases were resolved by judgment, settlement or dismissal...

First Defamation Case Arising From A Tweet Goes to Trial

Posted on January 14, 2011
That tweet might just get you sued.  Courtney Love allegedly fired off a negative tweet about a fashion designer, and now the defamation case against Love is going to trial. Read more about it at this post from the Connecticut Business Litigation Blog.

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