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PERSONAL INJURY ATTORNEYS
Nashville | Murfreesboro | Brentwood
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Attorneys
John A. Day
Brandon E. Bass
Laura Baker
Joy Day
Natalie E. Rowan
J. Thomas Mihalczo III
Patrick Mobley
Vada A. Newman
Practice Areas
Personal Injury and Wrongful Death
Medical Negligence (or ‘Medical Malpractice’)
Fires During Surgery
Electrocautery or Bovie Burns
Burns from Oxygen Fires
Surgical Fires Caused by Prepping Agents or Surgical Ointments
Retained Object Following Surgery
Wrong Site Surgeries
Failure to Diagnose or Misdiagnosis of a Heart Attack Injury Attorneys
Pharmacy Error Injury Attorneys
IV Infiltration Injury Attorneys
Failure to Diagnose Pulmonary Embolism Injury Attorneys
Medication Error Injury Attorneys
Heater-Cooler Machines – Surgery — NTM Bacterial Infections
Injuries and Death During Childbirth
Forceps Injuries
Delayed C-Section Injuries
Vacuum Extractor Delivery Injuries
Cerebral Palsy Injury Attorneys
Erb’s Palsy – Klumpke’s Palsy – Brachial Plexus Injury Attorneys
Stillbirth Wrongful Death Attorneys
Skull Fractures During Birth Injury Attorneys
Physician’s Failure to Administer Antibiotics
Preeclampsia
Nursing Home Abuse and Neglect
Car Accidents
Accidents Caused by Mechanical Failure in Tennessee
Accidents Involving Government Vehicles in Tennessee
Accidents Involving Out-of-State Drivers in Tennessee
Accidents on Rural Roads in Tennessee
Burn Injuries from Vehicle Fires in Tennessee
Car Accident Amputations in Tennessee
Crush Injuries
Driveway and Private Property Accidents in Tennessee
Fatal Car Accidents in Tennessee
Filing a Wrongful Death Claim After a Fatal Car Accident in Tennessee
Highway and Interstate Accidents in Tennessee
Intersection Accidents in Tennessee
Left-Turn Accidents in Tennessee
Low-Speed Vehicle Accidents in Tennessee
Merging and Lane-Change Accidents in Tennessee
Multi-Vehicle Pileups
Parking Lot Accidents in Tennessee
Rear-End Accidents
Red-Light and Stop Sign Accidents in Tennessee
Roadway Debris Accidents in Tennessee
Steps to Take If You Are Involved in a Car Accident in Tennessee
U-Turn and Illegal Turn Accidents in Tennessee
Whiplash Injuries
Head-On Collisions
Sideswipe Accidents
Pedestrian Injuries
Passenger Injuries
Broadside (or T-Bone) Collisions
Distracted Drivers
Hit and Run Accidents
Drunk Drivers and Intoxicated Drivers
Wrong Way Accidents
Seat Belt Use and Auto Accidents
Child Seats
Booster Seats
Seat Belt Requirements for Minors
Failure to Wear Seat Belt Inadmissible in Most Cases
Car Accidents in Construction Zones
Car Accident with Uninsured or Underinsured Driver
Rollover Accidents
Road Rage Accidents
Car Accidents Involving Animals
Back-over Accidents
Car Accidents Involving Elderly Drivers
Teen Car Accidents
Chain Reaction Accidents
Underinsured and Uninsured Motorist Coverage and Claims
Tire-Related Car Accidents
Breast Implants Damaged in Car Accident
Stroke Caused by Car Accident
I Was Involved in a Car Accident – Can I Still File Suit If the At-Fault Driver Died?
Trucking Accidents
Blind Spot Truck Accidents
Construction Vehicle Accidents in Tennessee
Dump Truck Accidents in Tennessee
Fatigued Truck Driver Accidents
Flatbed Truck Accidents in Tennessee
Impaired or Drugged Truck Driver Accidents
Interstate 40 – Urban Congestion Truck Accidents
Interstate 65 – Robertson County Work Zone Truck Accidents
Jackknife Truck Accidents
Logging Truck Accidents in Tennessee
Maintenance Neglect in Commercial Trucks
Mechanical Failures in Commercial Trucks
Refrigerated Truck Accidents in Tennessee
Tanker Truck Accidents in Tennessee
Tow Truck Accidents in Tennessee
Truck Accidents at the I-75/I-24 Interchange
Truck Accidents on Interstate 24 and Monteagle Mountain
Causes of Tractor Trailer Accidents
Override & Underride Truck Accidents
Cement Mixer Truck Accidents – Concrete Truck Accidents
Damages Recoverable from a Truck Accident
Delivery Truck Accidents
Garbage Truck Accidents
Investigation of Truck Accidents
Load Shift Accidents
Spoliation of Evidence in Truck Cases
Truck Accident Lawsuits - Who is to Blame?
Truck Crash Statistics
Trucking Insurance Requirements
Trucking Regulations
Wheel Off Truck Accident
Liability of Property Owners (or ‘Premises Liability’)
Child Injuries
Advocates for Youth Injured in Juvenile Detention
Child Injuries on Private Property
Church or Clergy Child Abuse
Foster Care Negligence and Abuse
Trampoline Park Injuries
Defective Products (or “Product Liability”)
If I am Hurt by a Defective Product, Who is Responsible?
What Do I Have to Prove to Win My Defective Products Liability Case?
I Have Been Injured by a Defective Product, What Do I Do?
What Types of Defective Product Liability Cases Do You Handle?
How Much Will It Cost Me to Pursue My Defective Products Liability Case?
What Compensation am I Entitled to in My Defective Product Liability Action Case?
Table Saw Accidents
Prevention of Table Saw Accidents
What is Saw Stop Technology?
Table Saw Injuries
Atrium C-Qur Surgical Mesh Lawsuits
Ethicon Physiomesh Lawsuits
Ventralex ST Hernia Patch
Sexual Abuse
Wrongful Death
How Did the Accident Happen and Who is to Blame?
Who Has the Right to File a Wrongful Death Claim or Lawsuit?
What Type of Damages are Recoverable in a Wrongful Death Lawsuit?
If Money is Recovered, Who Gets It?
What is the Deadline for Bringing a Wrongful Death Suit in Tennessee?
Wrongful Death of a Minor Child With Divorced Parents
Wrongful Death of an Unmarried Parent With Surviving Children
Wrongful Death of a Married Adult With Children
Wrongful Death of an Unmarried Adult
Wrongful Death of a Child
Can a Deadbeat Parent File a Wrongful Death Claim?
What if the Person Who Caused the Death of a Loved One Dies Before I Can File My Lawsuit?
Wrongful Death of a Married Adult Without Children
Wrongful Death Caused by a Drunk Driver
Wrongful Death as a Result of Murder
Wrongful Death of a Brother or Sister
Wrongful Death of an Uncle or Aunt
Burn Injuries
Motorcycle Accidents
Motorcycle Accidents at Intersections
Motorcycle Accidents Near Driveways
Motorcycle Crashes Involving a Lay-Down by the Biker
Motorcycle Accidents Caused by Being Run Off the Road
Why Uninsured Motorist Insurance Coverage is Essential for Motorcyclists
Injured Motorcycle Passengers
Failure to Wear a Helmet in a Motorcycle Accident
Drinking and Driving a Motorcycle
Passenger Claims Against Intoxicated Motorcycle Drivers
Negligent Repair of Motorcycles
Motorcycle Defects
Motorcycle Accidents Caused by Dogs on the Road
Motorcycle Accidents – Blindspot
Bus Accidents
Airport Shuttle Bus Accidents
Bus Crash Statistics
Causes of Bus Accidents
Charter Bus Accidents
Church Bus and Church Van Accidents
Hotel Shuttle Bus Accidents
Investigation of Bus Accidents
Municipal Bus Accidents
Non-Emergency Medical Transport Accidents
Prison Bus Accidents
School Bus Accidents
Spoliation of Evidence in Bus Accident Cases
Tour Bus Accidents
Dog Bites
Can I File Suit if I am Still Treating for My Injuries?
Dog Bite Statistics
Damages Recoverable From a Dog Bite Case
How to Report a Dog Bite or an Aggressive Dog and Why You Should
Insurance in Dog Bite Cases
Preventing Dog Bites
Tennessee’s Dog Bite Law and Proving Your Case
Drowning Accidents
Near-Drowning Accidents
Public Pool – Community Pool – Municipal Pool Drowning
Apartment Pool Drowning
Hotel Pool – Motel Pool Drowning
Fitness Center Pool Drowning
Summer Camp Drowning
Negligent Life Guards
Defective Pool Gate – Broken Pool Gate – Unfenced Pool
Defective Pool Drain Covers – Virginia Graeme Baker Act
Water Park Drowning
Boating Accidents
Jet Ski Accidents
Drowning Statistics
Brain Injuries
Types of Brain Injuries
Causes of Brain Injuries and Symptoms
Brain Injury Treatment and Resources
Brain Injuries at Birth – Cerebral Palsy and Birth Trauma
Brain Injuries in Children
Brain Injury Statistics
Eye Injuries
Chemical Burns
Dislocated Lens
Optic Nerve Avulsion
Orbital Fractures
Loss of an Eye
Retinal Detachment
Eye Injuries From Medications
Boating Accidents
Bicycle Accidents
Defective Bicycle Helmets
Defective Bicycles
Bicycle Collisions With Motor Vehicles
Defective Roadway Conditions
Bicycle Accidents Involving Children
Bicyclists and Motorists: Rights and Responsibilities Under Tennessee Law
What Insurance Covers a Bicycle Accident?
Golf Cart Accidents
Jet Ski or Personal Water Craft Accidents
Liquor Liability
Drunk Driving Accident
Physical Attacks by Intoxicated Individuals
Social Hosts
Underage Drinking
Food Poisoning
Meningitis and Its Symptoms
Types of Meningitis and Treatment
How Can Individuals Prevent Meningitis?
How Can Medical Facilities and Hospitals Prevent Meningitis?
Carbon Monoxide Poisoning
Carbon Monoxide Issues for Recreational Vehicles
Carbon Monoxide Prevention
Carbon Monoxide Related Recalls
Carbon Monoxide Symptoms and Treatment
Carbon Monoxide Safety Tips for Boaters
Compensatory Damages
Am I Entitled To Receive Prejudgment Interest For My Compensatory Damages?
Are There Any Limits on the Amount of Compensatory Damages I Can Recover Against the State of Tennessee?
Can You Give Me an Example of How Tort Reform Affects Compensatory Damages?
Did Tort Reform Impact Compensatory Damages?
How Does the Jury Determine the Amount of Compensatory Damages in My Case?
What is Subrogation and How Will It Affect My Recovery of Damages?
Punitive Damages
Can Punitive Damages be Recovered Against the State of Tennessee?
Is there a limit on the amount of punitive damages I can recover?
Spinal Cord Injuries – Paraplegia and Quadriplegia
Types of Spinal Cord Injuries
Spinal Cord Injuries Caused by Motor Vehicle Accidents
Spinal Cord Injuries Caused by On-The-Job Accidents
Spinal Cord Injuries Caused by Medical Malpractice
Spinal Cord Injuries Caused by Defective Products
Spinal Cord Injuries Caused by Physical Assaults
Other Spinal Cord Accidents
Medical Care and Other Costs Necessitated by Spinal Cord Injuries
Types of Damages Available in Spinal Cord Injury Cases
Construction Accidents
Causes of Construction Accidents
What are My Rights After a Construction Accident?
What Should I Do Following a Construction Accident?
Farm Equipment Accidents
Tractor Rollover Accidents
Power Take-Off or PTO Entanglements
Hay Baler Accidents
Front-End Loader Accidents
Grain Auger Accidents
Skid-Steer Loader Accidents
Backhoe Accidents
Farm Equipment Accidents on Public Roadways
Train Accidents
Causes of Train Accidents
Passenger Train Accidents
Commuter Train Accidents
Train Safety Trips
What is Positive Train Control?
Chemical Spills, Fuel Spills and Fires
Train Crossing Accidents
Food Allergies
Food Label Requirements
Food Allergy Claims Against Restaurants
Food Allergies and Schools, Daycares and Preschools
Food Allergy Symptoms
Towing-Related Accidents
Disconnected Trailers
Hitch Failures
Moving Truck Accidents
Pedestrian Accidents
Preventing Pedestrian Injuries and Accidents
Children as Pedestrians
Causes of Pedestrian Accidents
Pedestrian and Driver Duties
Nashville Pedestrian Ordinances
Brentwood Pedestrian Ordinances
Clarksville Pedestrian Ordinances
Pedestrian Ordinances in Franklin, Gallatin, Lebanon and Mt. Juliet
Summer Camp Accidents
Tennessee’s Recreational Use Statute
Agri-Tourism Immunity
Orthopedic Injuries
Arm Fractures
Ankle Fractures
Femur Fractures
Hip Fractures
Shoulder Fractures
Sternum Fractures
Neck and Spinal Fractures
Water Park Accidents
Water Slide Accidents
Lazy River Accidents
Surf or Flow Ride Accidents
Wave Pool Accidents
Inflatable Water Slide Accidents
Autonomous (Self-Driving) Vehicles
Self-Driving Cars and Trucks: Introduction
Benefits
Levels of Automation
Approaches to Implementing Technology
Current Players in the Self-Driving Car Industry
Other Technology and Non-Traditional Car Companies
Google
Uber and Lyft
Tesla
Audi
General Motors
Mercedes
Other Traditional Car Companies
Volvo
What to Do If You Are Injured in a Crash Involving a Driverless Vehicle in Tennessee
Laws and Regulations
Federal Laws and Regulations
State Laws and Regulations and Local Initiatives
Liability – Potential Processes and Problems
Insurance and Self-Driving Cars
Potential Problems- Current Road System and Other Issues
Privacy Concerns
Hacking Concerns
Ethical Questions in Code Writing
Employment Issues
Evidence Collection Issues
Commercial Use: Busses and Other Commercial Areas
Delivery Services
Work Sites and Military Use
Taxis and Other Driving Services
Commercial Trucks and Ships
Tractors
Notable Accidents
Legionnaires’ Disease
Truck Unloading Accidents
Business Litigation
Interference with Business Relationships and Contracts
Insurance Coverage Disputes
Unfair Business Practices and Antitrust Violations
Breaches of Duty by Officers or Directors
Trade Secrets, Copyright, and Other Protected Information
Valuation Disputes
Mediation, Arbitration, and Other Alternative Dispute Resolution
Crime Victims
Victims of Kidnapping and Abductions
Victims of Rape and Sodomy
Victims of Aggravated Assault
Victims of Murder and Manslaughter
Rights for Victims of Child Pornography
Staff Profiles
Emma Chennault
Hilari Boggess
Hillary Larson
Lauren C.
Makenna B.
Sydney Merkley
Kori Conner
Cheryl Terrell
Carey Turner
Penny Whitaker
Lauren Bates
Amanda Williams
Rachael Brooker
Alexandra
Madeline Klump
Margaret Sanders
Haydee Villamar
Natalie Prims
Tina Poole
Lindsey Walker
Press Releases
The American College of Trial Lawyers Installs John A. Day as its 76th President
The Law Offices of John Day, P.C. Offers Free Uber Rides Home This NYE!
John Day Selected to Serve As Secretary of The American College of Trial Lawyers
Law Offices of John Day, P.C. to Host Another Bicycle Helmet Giveaway
Day and Baker Named Best of the Bar
The Law Offices of John Day, P.C. to Host Children’s Bicycle Helmet Giveaway
Make Getting Home Safe Your New Year’s Resolution
Day Attorneys Selected for Super Lawyers and Rising Stars
Law Offices of John Day Selected for 2018 U.S. News – Best Lawyers – ‘Best Law Firms’
Day Appointed Regent to American College of Trial Lawyers
Day And Bass Included in The Best Lawyers in America© 2018
Bass Named Trial Lawyer of The Year
John A. Day and Laura Baker Named Best of the Bar
Laura Baker Named to Nashville 40 Under 40
Congratulations to John Day, Brandon Bass, Laura Baker, Burke Keaty and Joy Day!
Laura Baker Named Shareholder at The Law Offices of John Day, P.C.
Fourth Annual Lawyers for Littles Event Raises over $20,000 for Big Brothers Big Sisters of Middle Tennessee
Court Victory for Big Machine Records, Attorney John Day
John Day Comments as Attorney Involved in Tim McGraw/Curb Records Legal Dispute
Attorney Brandon Bass Earns PrestigiousMartindale-Hubbell Rating
Law Offices of John Day Team Proves It's AllTrivial...Per Se
Middle Tennessee Lawyers Raise $24,000 for Big Brothers Big Sisters
John A. Day Named Nashville Medical Malpractice Lawyer of the Year
Disclaimer
Privacy Policy
Terms of Service
FAQ and Legal Guides
Automobile Accidents FAQ
Truck Accidents FAQ
Death Cases FAQ
Damages in Personal Injury Cases FAQ
What is a Structured Settlement?
What to Know When Called for Jury Duty
What is a Certified Specialist?
What Is a Deposition?
Do I Have to Respond to a Subpoena?
How to Prepare for a Meeting with an Injury Attorney?
How Much Can You Sue for in a Car Accident Case?
What is Loss of Consortium?
Is It Worth Getting a Lawyer in a Car Accident Case?
How are Settlements Calculated?
Can I Get Sued for a Car Accident If I Have Insurance?
How to Get More Money From the Insurance Company for Your Injury Claim
I Was Involved in an Accident. Can I File Suit if I am Still Seeing the Doctor for My Injuries?
Can I Fire My Lawyer If I Signed a Contract?
What to Do Following an Accident
Professional Honors and Awards
Publications
Referring Attorneys
Referrals
How Can I Help My Clients and Increase My Income by Referring Cases to The Law Offices of John Day, P.C.?
What Do I Have to Do to Earn a Referral Fee?
Do I Have to Pay Case-Related Expenses if I Refer a Case to the Law Offices of John Day?
Ok, I Understand that I May Make Money that Equates to a Very High Hourly Rate by Referring the Case Out. But the Simple Fact of the Matter is that I Like to Take the Occasional Personal Injury Case.
Why Would I Refer a Case to Your Firm and Earn a Portion of the Fee When I Can Work on the Case by Myself and Earn the Entire Fee?
Why does The Law Offices of John Day, P.C. Associate with other Lawyers and Pay Referral Fees?
If I Associate your Firm to Help me With a Case, Do I Have any Financial Risk?
Why Would I Choose to Refer Cases to the Law Offices of John Day?
There is a Lawyer Down the Street Who Does Personal Injury and Wrongful Death Litigation. Why Shouldn’t I just Refer the Case to that Lawyer?
I Understand that You May Not Accept Representation in a Pending Case. What About Unfiled Cases – Do You Always Accept Representation in Those Cases that are Referred to You?
I Regularly Do Personal Injury Work, Including Some Complex Cases. Why Would I Ever Want to Refer a Case to Another Injury Law Firm?
It is Embarassing for Me to Ask for Help on a Plaintiff’s Case when I Hold Myself Out as a Plaintiff’s Lawyer
Resources for Tort Attorneys
Day on Torts: Leading Cases in Tennessee Tort Law
Chapter 1: Abuse of Process
Chapter 2: Alienation of Affections
Chapter 3: Amusement Parks
§3.1 Liability of Operator
§3.2 Liability for Punitive Damages
Chapter 4: Animal Control Officer’s Rule
Chapter 5: Animals
§5.1 Generally
§5.2 Harboring Wild Animals
Chapter 6: Assault and Battery
§6.1 Assault – Generally
§6.2 Battery – Generally
§6.3 Defense – Consent
§6.4 Defense – Defense of Property
§6.5 Defense – Provocation
§6.6 Defense – Self-Defense
Chapter 7: Assumption of Risk
§7.1 Generally
§7.2 Contractual Waiver of Liability
Chapter 8: Attorney’s Fees
§8.1 Apportionment of Fees in Cases with Workers’ Compensation Subrogation Interest
§8.2 Contingency Fees
§8.3 Fees Charged to Minors
Chapter 9: Attorney’s Lien
Chapter 10: Bad Faith Failure of Insurer to Pay First Party Claim (Statutory Cause of Action)
§10.1 Generally
§10.2 Effect of Misrepresentation by Insured in Proof of Loss
§10.3 Necessity of Giving Notice of Intention to Seek Penalty
Chapter 11: Bad Faith Failure to Settle (Common Law Claim)
Chapter 12: Breach of Promise to Marry
Chapter 13: Causation
§13.1 Generally
§13.2 Cause in Fact vs. Proximate Cause
§13.3 Intervening and Superseding Causes
§13.4 Level of Proof Necessary (More Probable Than Not)
§13.5 Loss of Chance
§13.6 Suicide Cases
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
§16.1 Abuse or Breach of Confidential Relationship
§16.2 Difference Between Fiduciary Relationships and Confidential Relationships
Chapter 17: Conflict of Laws in Tort Cases
Chapter 18: Contribution
§18.1 Generally
§18.2 Actions Against the State of Tennessee
Chapter 19: Conspiracy
§19.1 Generally
§19.2 Conspiracy is Not a Cause of Action
§19.3 Intracorporate Conspiracy Doctrine
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
§24.1 Generally
§24.2 Actual Malice
§24.3 Conditional Privilege
§24.4 Damages
§24.5 Defamatory Statement
§24.6 Judicial Privilege
§24.7 Private Person vs. Public Figure
§24.8 Publication
§24.9 Truth and Other Defenses
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
§26.1 Adequacy of Expert Witness Disclosure
§26.2 Admissibility of Testimony
§26.3 Limited Uses of Discovery Deposition of Experts
§26.4 Payment of Contingent Fee
Chapter 27: False Imprisonment
Chapter 28: Family Purpose Doctrine
Chapter 29: Federal Employers’ Liability Act (FELA)
Chapter 30: Fraud
§30.1 Generally
§30.2 Duty to Disclose
§30.3 Promissory Fraud
§30.4 Reasonable Reliance
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
§32.1 Generally
§32.2 Definition of Gross Negligence
§32.3 Gross Negligence and Exculpatory Clauses
§32.4 Impact of Gross Negligence on Comparative Fault Allocation
§32.5 Punitive Damages Not Permitted in Cases Where Defendant Is Grossly Negligent
Chapter 33: Imputed Negligence
§33.1 Generally
§33.2 Imputation of Fault from Vehicle Driver to Vehicle Passenger
§33.3 Imputing Negligence in Case Where Member of Association Sues Association
§33.4 Joint Enterprise
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
§37.1 Generally
§37.2 Parent Inducing Wholly-Owned Subsidiary
Chapter 38: Interference With and Mishandling Human Remains
§38.1 Generally
§38.2 Damages
§38.3 Who is Entitled to Maintain Action
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
§41.1 Generally
§41.2 Assignment of Legal Malpractice Claims
§41.3 Burden of Criminal Defendant as Plaintiff
§41.4 Effect of Violation of Ethics Rules
§41.5 Limitation of Actions
§41.6 Punitive Damages
§41.7 Recoverability of Attorney’s Fees
§41.8 Stay of Litigation Pending Plaintiff’s Release From Jail
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
§46.1 Generally
§46.2 Brought Against Plaintiff with Malice
§46.3 Damages
§46.4 Defense of Advice of Counsel
§46.5 Terminated in Plaintiff’s Favor
§46.6 Without Probable Cause
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
§49.7A Duty on Private Property
§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
§49.16A Uninsured Motorist Cases – Statutory Arbitration Procedures
§49.16B Uninsured Motorist Cases – Comparative Fault
§49.17 Uninsured Motorist Cases – Service of Process
§49.18 Waiver of Right of Way
Chapter 50: Negligence by a Child
§50.1 Generally
§50.2 Liability of Parents for Intentional or Malicious Acts of Children
§50.3 Liability of Parents for Nonintentional Acts of Children
Chapter 51: Negligence Per Se
§51.2 Statutes
Chapter 52: Negligent Bailment
Chapter 53: Negligent Entrustment
§53.1 Generally
§53.2 Vicarious Liability for Negligent Entrustment
Chapter 54: Negligent Infliction of Emotional Distress
§54.1 Cases Arising From Injuries to Another – Witnessed
§54.2 Cases Arising From Injuries to Another – Unwitnessed
§54.3 Proof in Parasitic Claims
§54.4 Relationship Requirement
§54.5 “Stand Alone” Cases
Chapter 55: Negligent Misrepresentation
§55.1 Duty to Disclose
§55.2 Professionals and Business Persons
§55.3 Reasonable Reliance
Chapter 56: Nuisance
§56.1 Generally
§56.2 Claim Against Government Facility
§56.3 Damages for Permanent Nuisance
§56.4 Damages for Temporary Nuisance
§56.5 Limitation of Actions
§56.6 Statute of Repose
Chapter 57: Parent – Child Immunity
Chapter 58: Personal Property
Chapter 59: Physician – Patient Confidentiality
§59.1 Generally
§59.2 Ex Parte Communications
Chapter 60: Physical or Mental Disability
§60.1 Effect of Mental Disorder
§60.2 Effect of Visual Difficulty
§60.3 Effect of Voluntary Intoxication
Chapter 61: Policeman and Fireman’s Rule
Chapter 62: Premises Liability
§62.1 Generally
§62.2 Duty to Independent Contractors Working on Premises
§62.3 Impact of the Recreational Use Statute
§62.5 Liability for Criminal Acts of Third Persons
§62.6 Open and Obvious
§62.7 Proof of Notice of Dangerous Condition
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
§64.1 Generally
§64.2 Allowable in Breach of Warranty Claim
Chapter 65: Rescue Doctrine
Chapter 66: Res Ipsa Loquitor in Non-Medical Negligence Cases
Chapter 67: Savings Statute
§67.1 Generally
Chapter 68: Spousal Immunity
Chapter 69: State of Tennessee
§69.1 Jurisdiction Generally
§69.2 Acts or Omission of State Employees
§69.3 Discretionary Function Immunity
§69.4 Waiver Arising From Filing Claim
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
§73.1 Generally
§73.2 Medically Incapacitating Disorder as a Defense
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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