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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Tennessee Farmers Mutual Insurance Co. v. Cobb - 8/31/2000
This appeal involves a motion to set aside a default judgment. The trial court entered a default judgment against the defendants based on their failure to respond to the lawsuit. Seven months later, the defendants filed a motion to set...
Penley v. Honda Motor Co. - 8/25/2000
The sole issue in this appeal is whether the ten-year statute of repose codified in the Tennessee Products Liability Act, Tenn. Code Ann. § 29-28-103(a) (1980 & Supp. 1999), is tolled during any period of a plaintiff's mental...
Bish v. Smith & Nephew Richards - 8/23/2000
These are consolidated interlocutory appeals of products liability suits against the manufacturers of spinal fixation devices. The trial court dismissed plaintiffs' negligence per se claims based on the alleged violation of the Food,...
Biddle v. Norfolk Southern Railway Co. - 8/22/2000
Plaintiff injured his feet and ankles by walking on large rock ballast in his employer's train yard and brought suit against this Defendant for those injuries in 1991. That suit was resolved. The current suit was brought by Plaintiff...
Church v. Perales - 8/22/2000
This appeal involves a dispute between an elderly patient and her physicians regarding their treatment of a severe post-operative infection caused by a bowel perforation that occurred during gynecological surgery. The patient filed...
Shepherd v. Weather Shield Manufacturing - 8/18/2000
The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a non-jury...
Taylor v. Athens Paper Company - 8/17/2000
Mailed - July 17, 2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §§ 50-6-225(e)(3) for hearing and reporting of...
Jefferson v. Captain D's Restaurant - 8/16/2000
In this personal injury action, plaintiff timely filed suit, which was subsequently dismissed for failure to prosecute. Another suit was commenced within one year of the first dismissal. This suit was voluntarily nonsuited at a later...
Richardson v. Miller - 8/16/2000
This appeal involves a medical malpractice action stemming from the use of an infusion pump to administer terbutaline sulphate subcutaneously to arrest a pregnant woman's labor. After suffering a heart attack shortly before giving...
Petitt v. Associated General Contractors - 8/11/2000
Mailed - July 6, 2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to...
Robbins v. Wolfenbarger - 8/2/2000
On may 7th, 1999, plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and...
Taylor v. Senior Citizens Services - 8/1/2000
Mailed June 21, 2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225 (e)(3) for hearing and...
Howell v. Howell - 7/31/2000
In this post-divorce case, Talisa Gayle Kelly, formerly Howell, ("Wife") filed a petition seeking to increase child support and to enforce other provisions of the judgment of divorce. The trial court ordered Gary Morris Howell...
Tennessee Farmers Mutual Insurance Co. v. Hostetler - 7/28/2000
This appeal arises from a declaratory judgment action filed in the Lauderdale County Circuit Court by Tennessee Farmers Mutual Insurance Company. The complaint sought a declaration that Tennessee Farmers was not obligated to defend or...
Green v. Innovative Recovery Services - 7/28/2000
The attorney for a woman who had been injured in an auto accident claimed that his services entitled him to a portion of the subrogation interest asserted by TennCare against the settlement proceeds. The trial court dismissed his...
Newton v. Ceasar - 6/29/2000
We granted a Rule 10, Tenn. R. App. Proc., appeal to review the trial court's action in (1) denying a defendant's motion to have the plaintiff examined by doctors chosen by the defendant, and (2) ordering the plaintiff to undergo an...
Conley v. Harmony Blue Granite Co. - 6/27/2000
William F. Conley and his wife Betty Jo Conley sue Harmony Blue Granite Co., Inc., for damages they sustained by reason of the defective construction of a mausoleum by Blue Granite. The Trial Court granted a summary judgment to the...
Farver v. Carpenter - 6/23/2000
Plaintiff is a former employee of U.S. Department of Energy (DOE) contractor Lockheed Martin in Oak Ridge, and the defendant, a psychiatrist, performed an evaluation of plaintiff at DOE's behest. Plaintiff sued defendant, alleging he...
Chase v. Springer - 6/22/2000
This is an appeal from summary judgment rendered in favor of the defendant in an action to enforce a California judgment pursuant to Tennessee Code Annotated section 26-6-101 et seq. Plaintiff attempted to amend in order to assert...
Wilson v. Wilson - 6/20/2000
A divorce decree granted both parents joint custody of their young child. When the child reached school age, the mother and father were living in different towns, and they both filed petitions to be granted primary custody. The trial...
State v. Dailey - 6/16/2000
The defendant entered guilty pleas, as a Range II offender, to one count of theft over $1,000, one count of evading arrest, and one count of resisting arrest The trial court imposed an effective sentence of eight years, eleven months,...
U.S. Fidelity & Guaranty v. Waco Contractors - 6/13/2000
An employer indicated in an application for workers' compensation insurance its intent to exclude particular corporate officer employees from coverage under the policy. The insurance company first assessed premium payments based upon...
Hutchings v. Methodist Hospital Of McKenzie - 6/2/2000
This is a medical malpractice case in which the plaintiff filed two identical actions only days apart in Shelby County and Carroll County against the same defendants. The plaintiff non-suited and then re-filed the Carroll County...
Dies v. Perma Pope - 6/2/2000
PANEL AT NASHVILLE
JUDGMENT
This case is before the Court upon defendants' motion for review pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers'...
Day v. Travelers Insurance Company - 6/2/2000
AFFIRMED AND REMANDED
CORLEW, Special Judge
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code...
Cleek v. Wal-Mart Stores - 6/2/2000
FOR PUBLICATION
The primary issue in this workers' compensation direct appeal is whether the evidence preponderates against the trial court's findings that the appellant is 20% permanently and partially disabled. We are also...
Gregory v. American Manufacturers Mutual Ins. - 6/1/2000
ORDER
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's...
Holiday v. Shoney's South - 5/31/2000
This appeal arises from the trial court's denial of a motion filed by Plaintiff Beatrice Holiday to set aside a voluntary non-suit that Ms. Holiday had taken in a previous lawsuit against Defendant Shoney's South, Inc. ("Shoney's"). In...
Limbaugh v. Coffee Medical Center - 5/31/2000
In January 1997, Emma Ruth Limbaugh, an Alzheimer's patient in Coffee Medical Center's nursing home, received injuries to her face and arm during an altercation with one of the Medical Center's certified nursing assistants, Louise Ray....
McDonald v. Ishee - 5/31/2000
This is a legal malpractice case. Plaintiff sued defendant- attorneys alleging (1) that defendants gave him negligent advice concerning acceptance of a proposed settlement which resulted in plaintiff receiving nothing when the jury...
Grandstaff v. Hawks - 5/31/2000
This appeal involves an automobile collision on the Carthage Highway in Wilson County in which one of the drivers was killed and the driver of the other vehicle and his passenger were injured. The passenger filed separate negligence...
Wielgus v. Dover Industries - 5/30/2000
Appellants in this action are Stephen F. Wielgus, Jr. and wife, Jeanie K. Wielgus. After Mr. Wielgus suffered an on-the-job injury, Appellants sued Dover Industries, Inc., manufacturer of a certain automobile and light truck lift known...
Speakman v. Ada Ferrell Garden Apartments - 5/30/2000
Ollie Speakman, Jr., an employee of Ada Ferrell Garden Apartments, appeals the summary judgment granted by the Circuit Court in favor of his employer. Mr. Speakman filed a complaint against his employer after he was discharged alleging...
Rothstein v. Orange Grove Center - 5/25/2000
In this wrongful death action, the jury returned a verdict of $275,000.00 for the plaintiffs. The Trial Judge suggested a remittitur of $75,000.00 which plaintiffs accepted under protest. All parties have appealed, raising numerous...
Johnson v. Lebonheur Children's Medical Center - 5/25/2000
In this medical malpractice case, the plaintiff sued a hospital and several physicians, including a resident physician in the University of Tennessee training program. The complaint alleges, among other things, that the hospital is...
Johnston v. Cowden - 5/25/2000
This legal malpractice action was filed against the estate of a deceased attorney who allegedly failed to file a civil action and a claim for compensation under the Criminal Injuries Compensation Act on the plaintiff's behalf....
Kinnard v. Taylor - 5/25/2000
Plaintiff/appellant, Bruce L. Kinnard, appeals the judgment on the jury verdict that awarded him $5,200.00 in damages.
The facts related to the accident are not in dispute. On March 10, 1990, Kinnard and defendant, Larry...
Liles v. Yasuda Fire & Marine Insurance Company of America - 5/24/2000
JUDGMENT
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and...
Russom v. McClore - 5/10/2000
This appeal arises from an action to recover for personal injuries sustained by plaintiff, Mr. Russom, and a loss of consortium claim filed by plaintiff,Mrs. Russom. Mr. Russom and Mr. McClore were involved in a traffic accident caused...
Stalsworth v. Grummons - 5/5/2000
The sole issue presented in this appeal is whether the trial court properly awarded as discretionary costs fees of the defendant's expert witnesses who did not testify because the plaintiffs voluntarily dismissed their lawsuit on the...
Dunham v. Stones River Hospital - 5/5/2000
The appellant filed a complaint against the appellees alleging medical malpractice. This claim was based on the appellant's assertion that her treating physician, appellee Dr. Maninder Singh, failed to diagnose and properly treat the...
State v. Peek - 5/3/2000
The defendant was convicted of fourteen felonies, consisting of various rape, robbery, and burglary charges arising from complaints of five victims. He received an effective sentence of ninety-nine years. Appealing these convictions,...
Daughters of Charity v. Boyd - 5/2/2000
JUDGMENT
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and...
Beckwith-Adams v. State - 5/2/2000
Claims Commission for Middle Divison No. 97005468
JUDGMENT
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum...
King v. Danek Medical - 3/28/2000
The plaintiffs, Tamara Little, her husband, Brian Little, and Ann King brought this action against the defendants, Danek Medical, Inc. and Warsaw Orthopedic, Inc., alleging liability for the spinal system devices utilizing pedicle...
American Justice Insurance Reciprocal v. Hutchinson - 3/27/2000
QUESTIONS CERTIFIED
Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee, this Court has accepted two questions certified to us by the United States District Court for the Eastern District of Tennessee. The...
Britton v. Liberty Mutual Insurance Co. - 3/20/2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court...
Scott v. Ashland Healthcare Center - 3/16/2000
In this wrongful death case against a nursing home, we are asked to decide if the holder of the certificate of need and the license to operate the facility may be held liable even if the facility is leased to and operated by another...
Bryant v. HCA Health Services of Tennessee - 3/13/2000
COURT OF APPEALS AFFIRMED
OPINION
We granted this appeal to address whether a hospital has a legal duty to obtain the informed consent of a patient undergoing a surgical procedure ordered and performed by a non-employee...
Parker v. First American Corp. - 3/6/2000
This appeal involves the jury's assessment of damages arising out of a premises liability case. Finding the plaintiff to be 49% at fault and the defendant to be 51% at fault, the jury awarded to the plaintiff 51% of the damages that...
Coleman v. Lumberman's Mutual Casualty Co. - 3/2/2000
AFFIRMED IN PART AND REVERSED IN PART
OPINION
At issue in this case is the extent of disability resulting from an injury that occurred on July 7, 1995, when a 200-250 pound hide-a-bed sofa fell on the plaintiff. The trial...
Blackwell v. Madison County Sheriff's Department - 3/1/2000
REVERSED AND DISMISSED
OPINION
This workers' compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e) for a hearing...
Spangler v. East Tennessee Baptist Hospital - 2/28/2000
In this action for medical malpractice, the Trial Judge granted all defendants summary judgments, after ruling that plaintiffs' expert was not qualified to testify as a medical expert witness in this case.
Defendants filed...
PST Vans - 12/28/1999
AFFIRMED AND REMANDED
This is an action of interpleader. It presents a dispute between the widow of Lowell Kenneth Reed ("Reed") and one of his three adult children. The plaintiffs in the instant case, PST Vans, Inc. ("PST")...
Ashe v. Radiation Oncology Associates - 12/27/1999
COURT OF APPEALS AFFIRMED
CASE REMANDED
OPINION
We granted this appeal to address the appropriate standard to be employed when assessing the issue of causation in a medical malpractice informed consent case. We find...
Davis v. Sumner County Board of Education - 12/27/1999
Modified and Remanded
JUDGMENT ORDER
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth...
State v. Dunn - 12/27/1999
The Cocke County grand jury indicted the defendant, Lonnie Stephen Dunn, on three counts of statutory rape pursuant to Tenn. Code Ann. § 39-13-506 (1997). On September 12, 1997, the defendant pleaded guilty to all three counts. After...
Cooksey v. CNA Insurance Co. - 12/20/1999
AFFIRMED IN PART, REVERSED IN PART, AND MODIFIED
OPINION
This worker's compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated §...
State v. Adams - 12/20/1999
The Defendant, James Albert Adams, appeals his convictions and sentences for attempted second degree murder, aggravated burglary, and two counts of aggravated assault. He was indicted for attempted premeditated first degree murder,...
Cruze v. Ford Motor Company - 12/16/1999
This is a personal injury case arising out of a two-car collision between Margaret Cruze (Plaintiff/Appellee) and Deborah Bowlin (Defendant/Appellee). Cruze sued Bowlin and Ford Motor Company (Defendant/Appellant), alleging...
Sneed v. Stovall - 12/15/1999
AFFIRMED AND REMANDED
CONCUR:
DAVID R. FARMER, JUDGE
HOLLY KIRBY LILLARD, JUDGE
This case is before the Court pursuant to T.R.A.P. 9. Plaintiff/Appellant, Brenda Sneed, appeals from the order of the trial court...
Jarred v. Hendrix - 12/15/1999
This is a dental malpractice case. The trial court granted summary judgment to the defendant dentist based on the plaintiff's failure to submit sufficient expert medical testimony to support her claim. The plaintiff then filed a...
Payne v. Shumake - 12/15/1999
AFFIRMED
ALAN E. HIGHERS, J.
CONCUR:
DAVID R. FARMER, J.
HOLLY KIRBY LILLARD, J.
Robert Clarence Payne appeals from the Circuit Court of Hardeman County, which dismissed his pro se complaint against the...
Johnson v. Downing - 12/15/1999
REVERSED AND REMANDED
CONCUR:
ALAN E. HIGHERS, JUDGE
DAVID R. FARMER, JUDGE
This is a personal injury case. Plaintiff, Lezley M. Johnson, a Memphis police officer, appeals from the order of the trial court...
Roberson v. Insurance Co. of the State of Pennsylvania - 12/8/1999
AFFIRMED IN PART, REVERSED IN PART AND REMANDED
OPINION
This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated §...
Jones v. ITT Hartford Insurance Co. - 12/3/1999
AFFIRMED
OPINION
This worker's compensation appeal has been referred to the Special Workers Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e) for hearing and...
Woods v. World Truck Transfer - 12/3/1999
This appeal involves a personal injury action that was dismissed because the Clerk of the Circuit Court for Davidson County refused to accept and file a summons that had not been prepared on an original form provided by the clerk. By...
Johnson v. Hunter - 11/30/1999
This appeal is a dispute between two attorneys over attorney's fees incurred in a contingency fee personal injury and product liability lawsuit. The plaintiff attorney associated the defendant attorney for the product liability...
Seavers v. Methodist Medical Center of Oak Ridge - 11/29/1999
REVERSED AND REMANDED
We granted this appeal to address whether the doctrine of res ipsa loquitur, as codified at Tennessee Code Annotated section 29-26-115(c), is applicable in medical malpractice cases where the plaintiffs...
State v. Davis - 9/20/1999
On October 12, 1998, a Marshall County jury found the defendant, William D. Davis, Jr., knowingly failed to appear for an August 13, 1998 trial in violation of Tenn. Code Ann. § 39-16-609 (1997). The trial court sentenced him to...
Reque v. Monteagle Truck Plaza - 9/20/1999
This is an appeal from the final judgment of the Circuit Court of Franklin County, Chancellor Jeffrey F. Stewart sitting by interchange, granting defendants'/appellees' motion to dismiss for failure of the plaintiffs/appellants to...
Ivey v. Trans Global Gas & Oil - 9/13/1999
REVERSED IN PART; AFFIRMED AS MODIFIED IN PART
OPINION
In this workers' compensation action, the employee, Carolyn Sue Ivey (plaintiff), filed a claim for relief based upon a chronic mental disorder that arose after she...
Wardlaw v. Standard Coffee Service Co. - 9/3/1999
AFFIRMED
OPINION
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to...
Weil v. Gaia - 6/29/1999
This is an interlocutory appeal in a personal injury case. The plaintiff passenger in an uninsured vehicle was injured by a gunshot from the driver of another uninsured vehicle. The injured plaintiff filed suit against the drivers of...
Schindel v. Bass - 6/18/1999
This is a personal injury case arising from an automobile collision. Geary Schindel and Susan Schindel, on their behalf and on behalf of their two minor children, Graham and Aspen Schindel, ("Plaintiffs") filed suit against Richard...
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