Tennessee Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Tennessee or Court of Appeals of Tennessee where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Gunter v. Laboratory Corp. of America - 12/19/2003
I. Facts and Procedural History
The facts as alleged by the appellee, Stanley A. Gunter, reveal that a judgment establishing paternity and ordering the payment of child support was entered against him based, in part, on the...
Boyd v. Riley - 12/19/2003
Assigned on Briefs January 31, 2003
William B. Cain, J., delivered the opinion of the court, in which Ben H. Cantrell, P.J., M.S., and Patricia J. Cottrell, J., joined.
MEMORANDUM OPINION
On April 22, 1999, Appellant...
Binkley v. Tennessee Diecasting-Harvard Industries - 12/18/2003
STANDARD OF REVIEW
The review of the findings of the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is...
Caksakkar v. Goodyear Tire & Rubber Co. - 12/16/2003
STANDARD OF REVIEW
The review of the findings of the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is...
Paul v. State - 12/16/2003
The facts of this case and the plaintiff's allegation of damages as asserted in the corrected Notice of Claim filed by Appellant in the Division of Claims Administration on November 19, 1998 are :
In August of 1997, while...
Cowan v. State - 12/15/2003
On May 2, 1991, in response to the petitioner's guilty plea, the Blount County Circuit Court entered a judgment convicting the petitioner of second degree murder and sentencing him to serve 35 years as a multiple offender in the...
Keylon v. Hill - 12/11/2003
I.
This is a medical malpractice case. The motion of the Plaintiff for partial summary judgment was denied, and the case was thereupon scheduled for trial, on January 8, 2003. At the conclusion of all the proof, Dr. Hill moved...
Lawson v. Rines - 12/10/2003
Background
This case arises out of an automobile accident that caused the death of Mildred T. Lawson ("the Deceased"). The Deceased's vehicle was struck by a vehicle owned by Defendant, Service Radio Cab Co., Inc., and driven...
Meadows v. Wausau Insurance Company - 12/8/2003
Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code...
In re Bridgestone/Firestone and Ford Motor Co. Tire Litigation - 12/3/2003
Facts and Procedural History
The present matter is comprised of some thirty-one lawsuits arising from automobile accidents that occurred in Mexico. Each accident involved steel belted radial tires manufactured by...
State v. Schrantz - 12/2/2003
The assault conviction emanates from an incident at the Fast Lane gas station in Jackson on April 1, 2001. The defendant accompanied the victim, Diana Todd, into the store. The defendant and the victim had been involved in a...
Belcher v. State - 11/25/2003
I.
On Sunday morning, August 12, 1990, Mr. Belcher was driving to church with his wife. The Belchers were traveling eastbound in the center lane of Interstate 40 through Knoxville. The road conditions were described as good. ...
Mills v. Wong - 11/21/2003
As alleged in the complaint, Plaintiff/Appellant, Frank Fetzer Mills, Jr. (Mr. Mills), went to Defendant/Appellee, Charter Lakeside Behavioral Health Systems, Inc. (Charter) on November 17, 1994. Mr. Mills sought diagnosis and care...
O'Bannon v. O'Bannon - 11/20/2003
The parties were divorced by final decree entered March 22, 1999 which incorporated a marital dissolution agreement providing Wife should have custody of the parties' two minor children - Amy, born February 26, 1995, and Grace, born...
Jennings v. Sewell-Allen - 11/20/2003
Facts and Procedural History
This action arises from injuries allegedly sustained when Marie Jennings ("Ms. Jennings") had a slip and fall accident in Defendant's store. On December 3, 1999, Ms. Jennings was shopping in...
Pate v. State - 11/20/2003
Background
This is a slip and fall case brought by Plaintiff who alleges that on April 4, 2000, she was on her way to class at PSTCC when she tripped and fell on the pavement. According to Plaintiff, there was a gap in the...
State v. Wilmoth - 11/6/2003
The victim in this case, 27-year-old Quinn Mansfield, testified at the defendant's trial that on March 23, 2001, he resided at 116-A Hickory Grove, a duplex apartment, in Clarksville. He testified that in approximately late January...
Jackson v. Hamilton - 11/4/2003
Facts and Procedural History
On the morning of March 4, 1991, in Shelby County, Tennessee, Gwendolyn Jackson ("Jackson") stopped at a stop sign, when Zodie Hamilton ("Hamilton"), who was behind Jackson, became distracted by her...
Sipe v. Porter - 10/30/2003
Background
Plaintiff sued Dr. Porter and Jeffrey S. Hecht, M.D. ("Dr. Hecht") for the wrongful death of his wife, Gladys Louise Sipe, alleging that Drs. Porter's and Hecht's medical care of Ms. Sipe deviated from the acceptable...
Henderson v. Board of Professional Responsibility of the Supreme Court of Tennessee - 10/30/2003
BACKGROUND
Mark W. Henderson has been practicing law in Tennessee since 1985. The present disciplinary proceedings against Henderson arose out of his legal representation of the plaintiff in a medical malpractice action styled...
Daniel v. State - 9/23/2003
a. Background
Petitioner was indicted on thirteen counts of statutory rape, sexual battery and rape stemming from allegations by various members of the girls' basketball team that Petitioner coached during the summer. After he...
Fitts v. Arms - 9/16/2003
Facts and Procedural History
On February 28, 1998, Jesse Randall Fitts, Jr. ("Mr. Fitts") was involved in a single car accident, which rendered him unconscious and necessitated treatment at Columbia Riverpark Hospital...
Young v. Barrow - 9/16/2003
I.
On November 24, 1997, Leah Barrow became trapped behind a city bus as she drove north on Gallatin Road in Nashville. She moved into the left lane to pass the bus, but, just as she reached the front of the bus, the light at...
Secrest v. Haynes - 9/8/2003
Background
This lawsuit involves a multi-vehicle automobile accident. Secrest filed a lawsuit in the General Sessions Court for Marshall County against Tera Haynes ("Ms. Haynes"), whom Secrest claimed was negligent and...
State v. Lauderdale - 9/5/2003
This case relates to the death of seven-year-old Dominique Porter. Officer Joshua Mann Frey of the Paris Police Department testified that he responded to an Emergency Medical Services (EMS) call at 1003 Reynolds Street on May 29,...
State v. Conyers - 9/5/2003
I. Factual Background
On April 6, 2001, at approximately 7:30 p.m., eighty-six-year-old Mildred Parker had just sat down to watch "Diagnosis Murder" when she heard a knock at the front door. Because it was unusual for anyone to...
Draper v. State - 9/4/2003
Plaintiff, Angela Draper, parent and next friend of decedent, Bryanna Faith Draper, filed a claim against Diane Stanley and the Tennessee Department of Children's Services by lodging a claim with the State Division of Claims...
McConkey v. State - 9/4/2003
Background
Plaintiff filed his claim against Barton Warner, M.D. ("Dr. Warner") with the Division of Claims Administration. The claim was transferred to the Tennessee Claims Commission. The State answered the complaint claiming...
Stovall v. Clarke - 9/2/2003
Background
The plaintiff, Carolyn Stovall, was the wife of the decedent, Gerald Stovall, who had been a patient of the defendants, Dr. Lois E. Clarke and Dr. Robert W. McCain. Both Dr. Clarke, a family medicine physician, and...
Carson v. Gilleland - 8/29/2003
On January 7, 2000, Richard M. Gilleland filed suit against William L. Cason, Vincent DeQuan Cason and Antonio Teran Seay, asserting that on January 7, 1999, while employed as an undercover narcotics agent with the Tennessee Bureau...
Chambliss v. Stohler - 6/30/2003
Background
Ms. Chambliss sought medical treatment from Defendant for problems with her right knee. In 1999, Defendant performed a total right knee arthroplasty on Ms. Chambliss. Ms. Chambliss complained of pain following the...
Doe v. Pedigo - 6/30/2003
On the evening of June 13, 1994, the Plaintiff met with Dr. Pedigo for the purpose of accompanying and observing him in the event he received any calls to investigate crime scenes that would require his attention as Chief Medical...
Valencia v. Freeland and Lemm Construction Company - 6/24/2003
I. Facts and Procedural History
The parties do not dispute the facts of this case, but they offer differing interpretations of the applicable law. It is a tragic set of circumstances that led to this lawsuit. Franscisco...
Taylor v. Smith - 6/24/2003
I.
This accident occurred on January 19, 1999. Mrs. Taylor had stopped her vehicle at a red light. While she was waiting for the light to change, her vehicle was struck in the rear by a vehicle being driven by the defendant...
Sanders v. Traver - 6/19/2003
Factual and Procedural Background
The facts of this case are undisputed. The decedent, Cathi D. Williams, was admitted to Blount Memorial Hospital ("Blount Memorial" or "the hospital") on May 26, 1999, for surgery. The decedent...
Yeubanks v. Methodist Healthcare-Memphis Hospitals - 6/10/2003
On the evening of February 17, 1998, Sarah Nicole Anderson ("Sarah"), age nine, was riding in a car driven by her mother, Plaintiff/Appellant Christina K. Yeubanks ("Yeubanks"). The car was involved in an accident, and Sarah was...
Mayes v. Lemonte - 6/6/2003
On January 17, 2001, the Montgomery County General Sessions Court awarded Brian C. Mayes $3000 in compensatory damages for a dog bite which Ronald R. LeMonte's, Jr. dog, Blackie, inflicted on Mayes' ankle on May 17, 2000. LeMonte...
Hollis v. Doerflinger - 6/3/2003
This case arises from tragic circumstances. On July 5, 1999, Rhonda B. Hollis ("Mother") was pregnant with an unborn, yet viable, fetus, Raven Blair Hollis ("Raven"). While Mother was driving, her car was involved in an accident. It...
Kimery v. Unicoi County Insurance Agency - 6/2/2003
In this action plaintiff sought dissolution of a corporation and distribution of assets and named defendants Jack McKinney and Unicoi County Insurance. He claimed defendant owned 50% of the corporation, and that the directors were...
Tennesee Dep't of Children's Services v. R.G.T. - 5/30/2003
I.
On September 21, 2000, the Tennessee Department of Children's Services ("DCS") filed a petition for temporary custody of one-day-old L.B.T. The petition alleges that L.B.T. was a dependent and neglected child "in that the...
Johnson v. Tennessee Board of Medical Examiners - 3/19/2003
E.H. ("E.H.") had chronic skin problems. A friend of E.H.'s searched the internet for a physician to treat her skin condition, and found a business advertisement by Petitioner/Appellee James E. Johnson, M.D. ("Johnson"), a physician...
March v. Levine - 3/17/2003
Much of the history of this protracted litigation can be gleaned from the opinion of this Court in March v. Levine, No. 01-A-01-9708-PB-00437, 1999 WL 140760 (Tenn. Ct. App. March 17, 1999), the opinion of the United States District...
Oceanics Schools - 3/14/2003
I.
This is a case with a long, interesting and unusual, factual background and procedural history. In the current litigation, the trial court limited the issues before it to the sole issue of whether Barbour was the alter ego...
Ochoa v. Peterbilt Motor Co. - 3/11/2003
The employee or claimant, Mr. Ochoa, initiated this civil action to recover workers' compensation benefits for an allegedly work related injury by accident. The employer denied liability. After a trial on the merits, the trial court...
Kenyon v. Handal - 3/10/2003
I.
In July 1997, Robyn Kenyon, then twenty years old and pregnant with her first child, placed herself in the care of Dr. Albert Handal, a physician specializing in obstetrics and gynecology who practices in Sumner County. As...
Merryman v. Aqua Glass Corporation - 3/6/2003
The plaintiff, Janine Merryman (Merryman) was forty-six (46) years old at trial. She graduated from high school and earned a Bachelor's Degree in Religious Arts and Theology. She has a commercial truck driver's license and a...
Dalton v. Dale - 3/4/2003
On November 2, 1999, Plaintiff, M. Charleston Dalton, was driving her 1995 Jaguar XJ6 automobile southward on Cleghorn Avenue in Davidson County, Tennessee. When she approached the intersection of Cleghorn Avenue and Abbott Martin...
Taylor v. Beard - 3/3/2003
Background
On October 17, 1995, Al Beard was driving a truck for his employer, Southeastern Motor Freight Company ("Southeastern"), eastbound on Sam Cooper Boulevard in Shelby County, Tennessee, when he caused a vehicular chain...
Cavnar v. State - 2/26/2003
I.
Quentin Cavnar is a fifty-year-old man who lives in Madison. On November 4, 2000, he went for what he called "an enjoyable ride." When he returned home, his wife called the police to report that Mr. Cavnar was shooting at...
McMurry v. Metropolitan Government of Nashville and Davidson County - 2/26/2003
Rebecca McMurry filed a complaint against the Metropolitan Government of Nashville and Davidson County ("Metro") and the Davidson County Sheriff's Office ("DCSO"), in which she alleged a cause of action against Metro pursuant to the...
Howell v. NHC Healthcare-Fort Sanders - 2/25/2003
Defendants' Motion to Compel Mediation and Arbitration pursuant to Tenn. Code Ann. § 29-5-303, was overruled by the Trial Court. We granted an interlocutory appeal, pursuant to Rule 9, Tenn. R. App. P.
This action was filed by...
Malone v. Maddox - 2/25/2003
I.
The material facts pertaining to the issues on this appeal are not in dispute. On February 18, 2000, at about 11:15 p.m., the policyholder and the uninsured motorist were involved in a two-vehicle accident in Chattanooga....
Woods v. State - 2/18/2003
FACTS
In 1997, the petitioner, Roscoe H. Woods, was convicted by an Anderson County Criminal Court jury of three counts of rape based on three separate incidents of oral sex in 1993 and 1994 with his daughter, J.W., who was...
Pratt v. Averitt Express - 2/14/2003
Facts
On October 27, 1999, Dale Pratt sustained a back injury in the course and scope of his employment with Averitt Express, Inc. ("Averitt"). His treating physician assigned a permanent medical impairment of seven percent to...
Fuller v. Wal-Mart Stores - 2/13/2003
In 1997, the plaintiff developed tarsal tunnel syndrome in her right leg. She was placed in a brace to support her right leg. In September of 1999, the plaintiff started having pain in her left leg. Dr. Wormbrod placed a brace on the...
Leatherwood v. Wadley - 2/11/2003
Plaintiff, Charles Leatherwood and wife, Shelby Leatherwood, filed suit for personal injuries and loss of consortium respectively against defendants, Joseph Scott Wadley, Garnertown Speedway, and/or Joseph Scott Wadley d/b/a...
Young v. Metropolitan Government of Nashville and Davidson County - 2/6/2003
I. An Unfortunate Accident and a Confusing Complaint
In April of 1996, Sylvester Young was incarcerated in the H.G. Hill annex of the Davidson County Jail. He alleges that as he was going to breakfast, there was a pool of water...
Insura Property and Casualty Insurance Company v. Ashe - 2/6/2003
Insura Property and Casualty Insurance Company issued its commercial general liability (CGL) insurance policy to Lineberry Properties, Inc. for the period May 1, 1998 through May 1, 1999. Lineberry Properties, Inc. is a corporation,...
Garrison v. Stamps - 2/6/2003
On October 10, 1998, Charles Garrison, then a minor age sixteen years, while driving a motor vehicle, was struck and seriously injured by an automobile driven by James C. Stamps, an uninsured motorist.
Charles Garrison was an...
Bland v. American Freightways Corporation - 2/4/2003
The employee or claimant, Mr. Bland, initiated this civil action to recover workers' compensation benefits for an injury that occurred in the course of his employment with the employer, American Freightways. After a trial on the...
Elmore v. Cruz - 2/4/2003
In the summer of 1998 Ms. Elmore and her husband at the time, Darrell Elmore, were in the process of divorce and agreed to a mutual restraining order which was entered by the Court on June 8, 1998. Thereafter, on August 17, 1998, Mr....
Poper v. Rollins - 11/26/2002
BACKGROUND
In January of 1996, Linda Poper died from injuries sustained seventeen months earlier in a multi-vehicle accident in Memphis, Tennessee. Her husband, Thomas C. Poper, filed suits against the drivers of the vehicles...
Mitchel v. Ensor - 11/18/2002
Plaintiffs' complaint alleges that Dr. James Ensor, M.D., and his employer, Memphis Internal Medicine, committed medical malpractice when Dr. Ensor negligently presented and administered a 2cc injection of Depo-Testosterone for the...
Thompson v. Nashville Electric Service - 11/15/2002
The employee or claimant, Mr. Thompson, initiated this civil action to recover workers' compensation benefits for injuries to his back and ankle allegedly resulting from a fall during a training exercise authorized by the employer,...
Leach v. Metropolitan Government of Nashville - 11/15/2002
Second Avenue South is a two-lane one-way street in Nashville. There is a bus stop located near the intersection of Second Avenue South with Hart Avenue. On December 23, 1996, the plaintiff, Krishina Leach [Ms. Leach], and her...
Leach v. Metropolitan Government of Nashville and Davidson County - 11/15/2002
Second Avenue South is a two-lane one-way street in Nashville. There is a bus stop located near the intersection of Second Avenue South with Hart Avenue. On December 23, 1996, the plaintiff, Krishina Leach [Ms. Leach], and her...
Tefft v. Weakley County Ambulance Service - 11/15/2002
The employee or claimant, Ms. Tefft, initiated this civil action to recover workers' compensation benefits, as provided by Tenn. Code Ann. § 50-6-101 et seq, for injuries allegedly suffered in a work related accident on September 13,...
Argo v. Brentwood Services Administrators - 11/12/2002
The employee or claimant, Argo, initiated this civil action to recover workers' compensation benefits for an alleged work related injury occurring on June 2, 1999, while he was working for the employer, Warren County Sanitation...
Belford v. J & J Plastering - 10/30/2002
Background
This lawsuit arises out of an automobile accident which occurred on March 16, 1998, in Hamilton County. Plaintiff claimed a vehicle being driven by Cox and owned by the Company (collectively referred to as...
Britt v. State - 9/26/2002
I. PROCEDURAL HISTORY
On July 1, 1996, the Hamblen County Grand Jury charged the Petitioner, Jerry Elmer Britt, in an eight count presentment with one count of aggravated sexual battery; five counts of rape of a child; one...
State v. Combs - 9/25/2002
FACTUAL BACKGROUND
On February 18, 1997, the Bristol Tennessee Fire Department was alerted that a 911 call for assistance was received from the Emanuel Baptist Church ("EBC") located on Weaver Pike in Bristol, Tennessee....
Poliak v. Adcock - 9/24/2002
I.
James M. Adcock and his wife own a house in Nashville. Their adult daughter, Anna Michelle Adcock-Butler, and her two children live with them. Ms. Adcock-Butler's boyfriend, Matthew Poliak was a frequent visitor in the...
Bishop v. Beckner - 9/23/2002
I.
Since this appeal involves a grant of summary judgment, we are called upon to decide anew "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that...
May v. Woodlawn Memorial Park - 9/17/2002
Plaintiff, Robert May (May), sued defendant, Woodlawn Memorial Park (Woodlawn), in general sessions court and the case was dismissed by the general sessions court on June 20, 2001 for failure to prosecute. On June 21, 2001, May...
Bara v. Clarksville Memorial Health Systems - 9/12/2002
Sofia Bara, deceased, was in an auto accident on November 30, 1997. She was taken to the emergency room at Clarksville Memorial Hospital where she was examined by an emergency room physician. The ER physician ordered a CT scan of her...
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