PERSONAL INJURY ATTORNEYS
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The following section from Day on Torts Leading Cases in Tennessee Tort Law is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at www.birddoglaw.com. (Additional information below.)
Day on Torts: Leading Cases in Tennessee Tort Law
This book has been an invaluable resource for both lawyers and judges alike for more than 5 years. The book is intended to be a quick reference for lawyers needing key information on a particular tort law subject or a starting point for more in-depth research..
Table of Contents
- Chapter 1: Abuse of Process
- Chapter 2: Alienation of Affections
- Chapter 3: Amusement Parks
- Chapter 4: Animal Control Officer’s Rule
- Chapter 5: Animals
- Chapter 6: Assault and Battery
- Chapter 7: Assumption of Risk
- Chapter 8: Attorney’s Fees
- Chapter 9: Attorney’s Lien
- Chapter 10: Bad Faith Failure of Insurer to Pay First Party Claim (Statutory Cause of Action)
- Chapter 11: Bad Faith Failure to Settle (Common Law Claim)
- Chapter 12: Breach of Promise to Marry
- Chapter 13: Causation
- Chapter 14: Charitable Immunity
- Chapter 15: Comparative Fault
- §15.1 Abolition of Joint and Several Liability as General Rule
- §15.2 Addition of Defendants After Expiration of Statute of Limitations (Tenn. Code Ann.§ 20-1-119)
- §15.3 Allocation of Fault to Defendant Dismissed Before Trial
- §15.4 Allocation of Fault to One Protected by Governmental Immunity
- §15.5 Allocation of Fault to One Protected by Statute of Repose
- §15.6 Allocation of Fault to One Whose Conduct Cannot Be the Legal Cause of an Injury
- §15.7 Allocation of Fault to a Product
- §15.8 Allocation of Fault to an Unknown Party Generally
- §15.9 Allocation of Fault to an Unknown Party in a Motor Vehicle Case
- §15.10 Applicability to Breach of Implied Warranty Cases
- §15.11 Applicability to Fraud
- §15.12 Applicability to Nuisance
- §15.13 Bifurcated Fault Allocations
- §15.14 Duty of Defendant to Allege Causative Acts or Omissions of Another
- §15.15 Effect of Concerted Action
- §15.16 Effect of Co-Tortfeasor Committing Intentional Wrong
- §15.17 Effect of Injured Plaintiff’s Fault on Recoverability in Loss of Consortium Claimant’s Action
- §15.18 Effect on Tenn. Code Ann.§ 56-7-1201(UM Claim)
- §15.19 Factors Considered in Fault Allocations
- §15.20 Fault of Plaintiff’s Employer or Co-Employee
- §15.21 Fifty Percent Rule
- §15.22 Financial Impact of Settlement With One of Multiple Tortfeasors
- §15.24 Modification by Trial Judge of Fault Percentages Assigned by Jury
- §15.25 Negligent Entrustment
- §15.26 Several Liability as a General Rule
- §15.27 Strict Liability Cases
- §15.28 Tortfeasors in a Single Event May be Tried Separately
- §15.29 Vicarious Liability After Comparative Fault
- Chapter 16: Confidential Relationship
- Chapter 17: Conflict of Laws in Tort Cases
- Chapter 18: Contribution
- Chapter 19: Conspiracy
- Chapter 20: Constructive Fraud
- Chapter 21: Conversion
- Chapter 22: Criminal Conversation
- Chapter 23: Damages
- §23.1 Aggravation of a Pre-Existing Condition
- §23.2 Benefit of the Bargain Rule
- §23.3 Collateral Source Rule
- §23.4 Damage Award in Excess of Ad Damnum
- §23.5 Damages in Cases Involving Death of Spouse or Parent
- §23.6 Damages for Lost Profits
- §23.7 Election of Punitive Damages and TCPA Fees
- §23.8 Election of Treble vs. Punitive Damages
- §23.9 Impact of Death of Plaintiff After Verdict
- §23.10 Itemization on Verdict Form
- §23.11 Loss of Consortium Claim for the Death of a Child
- §23.12 Loss of Consortium (Personal Injury Cases)
- §23.13 Mitigation of Damages
- §23.14 Personal Injury Damages
- §23.15 Prejudgment Interest on Personal Injury Cases
- §23.16 Property Damage
- §23.17 Punitive Damages
- §23.18 Recovery of Loss of Consortium Damages by Children for Injuries to Parent
- Chapter 24: Defamation
- Chapter 25: Duty
- §25.1 Generally
- §25.2 Designated Driver
- §25.3 Duty Arising Because of Special Relationship
- §25.4 Duty Gratuitously Undertaken
- §25.5 Duty of Railroad to Maintain Visibility at Crossings
- §25.6 Duty of Teachers and Schools
- §25.7 Helpless or Inattentive Plaintiffs
- §25.8 Sale of Gasoline to Intoxicated Motorist
- Chapter 25A: Ecclesiastical Abstention Doctrine
- Chapter 26: Expert Witnesses
- Chapter 27: False Imprisonment
- Chapter 28: Family Purpose Doctrine
- Chapter 29: Federal Employers’ Liability Act (FELA)
- Chapter 30: Fraud
- Chapter 31: Governmental Tort Liability Act
- §31.1 Applicability of Damage Cap to Loss of Consortium Claim
- §31.2 Constructive Notice of Defective Condition
- §31.3 Discretionary Function Exception
- §31.4 Duty of Teachers and Schools
- §31.5 Government Healthcare Providers as Tortfeasors
- §31.6 Immunity of Employees From Judgment
- §31.7 Intentional Tort Exclusion
- §31.8 Latent Defect
- §31.9 Limitations of Actions for Claims by Minors
- §31.10 Limitations on Immunity Arising from Inspections
- §31.11 Negligent Infliction of Emotional Distress
- §31.12 Public Duty Doctrine
- §31.13 Qualified Immunity
- §31.14 Road and Bridge Cases
- §31.15 Special Duty Exception to the Public Duty Doctrine
- §31.16 Statute of Limitations
- §31.17 Waiver of Statutory Damage Limits
- Chapter 32: Gross Negligence
- Chapter 33: Imputed Negligence
- Chapter 34: Independent Contractor
- Chapter 35: Intentional Infliction of Emotional Distress (Outrageous Conduct)
- Chapter 36: Intentional Interference with Business Relationship
- Chapter 37: Intentional Interference with Contractual Relationships
- Chapter 38: Interference With and Mishandling Human Remains
- Chapter 39: Invasion of Privacy
- §39.1 Generally
- §39.2 Appropriation of Another’s Name or Likeness
- §39.3 False Light Invasion of Privacy
- §39.4 False Light Invasion of Privacy – Application of Privileges
- §39.5 False Light Invasion of Privacy – Assignment of False Light Claims
- §39.6 False Light Invasion of Privacy – Damages for False Light Claims
- §39.7 False Light Invasion of Privacy – Limitation of Action
- §39.8 Publicity Given to Private Facts
- §39.9 Unreasonable Intrusion into Private Affairs (Intrusion Upon Seclusion)
- Chapter 40: Last Clear Chance Rule
- Chapter 41: Legal Malpractice
- Chapter 42: Limitation of Actions
- §42.1 Applicability to Counterclaims and Crossclaims
- §42.2 Continuing Medical Treatment Doctrine
- §42.3 Death of a Minor
- §42.4 Discovery Rule
- §42.5 Discovery Rule in Defamation Cases
- §42.6 Discovery Rule in Medical Negligence Cases
- §42.7 Discovery Rule in Negligent Infliction of Emotional Distress Cases
- §42.8 Fraudulent Concealment Exception to Medical Negligence Statute of Repose
- §42.9 Fraudulent Concealment Exception to Statute of Limitations
- §42.10 Impact of Grant of Durable Power of Attorney
- §42.11 Malicious Prosecution
- §42.12 Repressed Memory
- §42.13 Soldiers and Sailors Civil Relief Act of 1940
- §42.14 Unsound Mind Exception
- Chapter 43: Liquor Liability
- §43.1 Claims Against Seller of Alcohol to Minors – Third Person Injured
- §43.2 Claim by Adult Alcohol Consumer Against Seller of Alcohol
- §43.3 Claim by Third Person Against Social Host Where Alcohol was Available to Minors
- §43.4 First Party Claim Against Bar for Furnishing (Not Selling) Alcohol to Minor
- §43.5 Provision of Alcohol (Non-Sale) to Minor Who is Later Injured in Motor Vehicle Wreck
- Chapter 44: Loss of Consortium (Personal Injury Cases)
- Chapter 45: Malicious Harassment
- Chapter 46: Malicious Prosecution
- Chapter 47: Medical Negligence
- §47.1 Ad Damnum
- §47.2 Agency/Apparent Authority
- §47.3 Allocation of Fault to Medical Negligence Plaintiff for Pre-Injury Conduct
- §47.4 Battery
- §47.5 Cases Against Health Care Providers That Are Not Medical Malpractice Cases
- §47.6 Certificate of Good Faith Requirement
- §47.7 Collateral Source Rule
- §47.8 Common Knowledge Exception
- §47.9 Contiguous State Rule – Application to Causation Witnesses
- §47.10 Contiguous State Rule – Waiver
- §47.11 Corporate Liability Doctrine
- §47.12 Causation Expert Need Not Know Standard of Care
- §47.13 Discovering the Standard of Care from the Defendant Doctor
- §47.14 Duty of Hospital to Get Informed Consent
- §47.15 Duty, Non-Delegable
- §47.16 Duty of Nursing Home to Protect Patients From Criminal Acts of Employee
- §47.17 Duty of Pharmacist
- §47.18 Duty of Physician to Non-Patients When Prescribing Drug to Patient
- §47.19 Duty of Physician to Refer to a Specialist
- §47.20 Duty of Psychiatrist to Prevent Injury by Patients to Others
- §47.21 Duty to Warn Patient of HIV Infection
- §47.22 Duty to Warn Non-Patient Family Member of Risk of Contracting Rocky Mountain Spotted Fever From Patient
- §47.23 Error of Judgment Rule
- §47.24 Existence of Physician – Patient Relationship
- §47.25 Foreign Objects Exception to Statute of Repose
- §47.26 Fraudulent Concealment Exception to Statute of Repose
- §47.27 Informed Consent
- §47.28 Liability for Suicide
- §47.29 Locality Rule
- §47.30 Loss of Chance
- §47.31 Peer Review Statute Privilege
- §47.32 Pre-Suit Notice Requirement
- §47.33 Proof of Causation in Res Ipsa Cases
- §47.34 Re-Filing Case Under Savings Statute After Expiration of Statute of Repose
- §47.35 Res Ipsa Loquitor
- §47.36 Special Damages Issues
- §47.37 Statute of Repose
- §47.38 Sudden Emergency Doctrine
- Chapter 48: Misrepresentation by Concealment
- Chapter 49: Motor Vehicle Cases
- §49.1 Common Carriers – Duty to Passengers
- §49.2 Driving with Obstruction to Vision
- § 49.3 Duty of Driver Generally
- §49.4 Duty of Emergency Vehicle Operators
- §49.5 Duty at Intersections
- §49.6 Duty of Passenger
- §49.7 Duty of Pedestrians
- §49.8 Failure to Give Timely Notice of Uninsured Motorist Claim
- §49.9 Imputation of Fault From Vehicle Driver to Vehicle Passenger
- §49.10 Overcoming Statutory Presumption of Agency
- §49.11 Police Reports
- §49.12 Sudden Loss of Consciousness or Physical Capacity
- §49.13 Uninsured Motorist Cases – Offsets
- §49.14 Uninsured Motorist Cases – Postjudgment Interest
- §49.15 Uninsured Motorist Cases – Prejudgment Interest
- §49.16 Uninsured Motorist Cases – Proof Required in a No-Contact John Doe Case
- §49.17 Uninsured Motorist Cases – Service of Process
- §49.18 Waiver of Right of Way
- Chapter 50: Negligence by a Child
- Chapter 51: Negligence Per Se
- Chapter 52: Negligent Bailment
- Chapter 53: Negligent Entrustment
- Chapter 54: Negligent Infliction of Emotional Distress
- Chapter 55: Negligent Misrepresentation
- Chapter 56: Nuisance
- Chapter 57: Parent – Child Immunity
- Chapter 58: Personal Property
- Chapter 59: Physician – Patient Confidentiality
- Chapter 60: Physical or Mental Disability
- Chapter 61: Policeman and Fireman’s Rule
- Chapter 62: Premises Liability
- Chapter 63: Products Liability
- §63.1 Allocation of Fault to a Product
- §63.2 Application of the Consumer Expectation Test to All Products
- §63.3 Breach of Warranty
- §63.4 Causation in Products Liability Cases
- §63.5 Claim Against Manufacturer of Alcohol
- §63.6 Component Parts Doctrine
- §63.7 Duty to Warn – Post-Sale
- §63.8 Duty to Warn – Time of Sale
- §63.9 Economic Loss Doctrine
- §63.10 Feasible Alternative Design
- §63.11 Learned Intermediary Doctrine
- §63.12 Misrepresentation
- §63.13 Other Similar Incidents
- §63.14 Statute of Repose
- §63.15 Test to Determine Whether a Product is Defective or Unreasonably Dangerous
- Chapter 64: Punitive Damages
- Chapter 65: Rescue Doctrine
- Chapter 66: Res Ipsa Loquitor in Non-Medical Negligence Cases
- Chapter 67: Savings Statute
- Chapter 68: Spousal Immunity
- Chapter 69: State of Tennessee
- Chapter 70: Strict Liability
- Chapter 71: Subrogation
- §71.1 Effect of Fault of Employer or Employee on Workers’ Compensation Subrogation Interest
- §71.2 Effect of Uninsured Motorist Coverage Recovery on Workers’ Compensation Subrogation Interest
- §71.3 Hospital Liens
- §71.4 Non-ERISA, Non-Workers’ Compensation Carriers
- §71.5 Recoverability of Monies From Loss of Consortium Plaintiff
- §71.6 Uninsured Motorist Insurance Companies
- Chapter 72: Subsequent Medical Negligence, Liability of Original Tortfeasor
- Chapter 73: Sudden Emergency Doctrine
- Chapter 74: Trespass
- Chapter 75: Unavoidable Accident
- Chapter 76: Unfair Competition
- Chapter 77: Vicarious Liability
- §77.1 Apparent or Ostensible Agency
- §77.2 Circumstances When Principal is Not Liable for Acts of Agent
- §77.3 Employer for Acts of Independent Contractor
- §77.4 Liability of Insurer for Acts of an Attorney
- §77.5 Loaned Servant Doctrine
- §77.6 Responsibility for Acts of Agents
- §77.7 Responsibility for Acts of Employees
- §77.8 Statutory Basis to Impose Liability for Criminal Conduct of Another
- Chapter 78: Wrongful Death
- §78.1 Common Fund Doctrine
- §78.2 Damages in Cases Involving Death of Spouse or Parent
- §78.3 Distribution of Proceeds
- §78.4 Impact of Grant of Durable Power of Attorney on Statute of Limitations
- §78.5 Limitation of Actions – Death of a Minor
- §78.6 Loss of Consortium Claim for the Death of a Child
- §78.7 Proper Parties Plaintiff
- §78.8 Reduction for Personal Maintenance Expenses
- Chapter 79: Wrongful Pregnancy
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