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 limitations 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.)
Deuel v. The Surgical Clinic, PLLC, No. M2009-01551-COA-R3-CV, 2010 WL 3237297 (Tenn. Ct. App. Aug. 16, 2010)
Aug 16, 2010
Favorable to Plaintiff (my client). Summary judgment in favor of the defendants was reversed and the case was remanded back to the the trial court.
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 Tennessee 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.
Thomas v. Oldfield, 279 S.W.3d 259 (Tenn. 2009)
Feb 02, 2009
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 discovery.