Nashville, TN
Personal injury Lawyer at Nashville, TN
Practice Areas: Personal Injury, Medical Malpractice, Wrongful Death
OUTCOME: A win!
Clarified that a pending allegation of fault made against a party before the statute of limitations has expired will not work to trigger Tennessee Code Annotated section 20-1-119’s ninety-day window up ... on the entry of an order voluntarily dismissing said party.
OUTCOME: A win!
The Supreme Court held that motorist's failure to make return of proof of service within 90 days of issuance did not preclude motorist from relying on commencement date of suit to toll one-year limitat ... ions period. Judgment of Court of Appeals reversed; judgment of Circuit Court reversed; remanded. (Note: Thanks to Mike Farley of Clinton, Tenn., for letting me work with him on this appeal.)
OUTCOME: A win!
This case, among other things, dealt with res ipsa loquitur and the common-knowledge exception to the general requirement of expert testimony in medical malpractice cases. It is noteworthy that the Te ... nnessee Court of Appeals held that the element of "exclusive control" of res ipsa could be established even if multiple persons shared that control, which was contrary to the defense's contention.
OUTCOME: Court held that the defendant's liability insurance information was not discoverable under the facts of the case, but it is subject to discovery in other instances.
I wrote the amicus brief for the Tennessee Association for Justice in this case. The issue therein was whether a plaintiff could obtain a defendant's liability insurance information during pretrial di ... scovery.
OUTCOME: A win!
This case dealt with injunctive relief, the doctrine of waste as it applies to real property, and inverse condemnation (tangentially).
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