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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Petersen v. Genesis Learning Centers - 12/13/2005
This case arises out of tragic circumstances. Defendant/Appellant Therapeutic Interventions, Inc. ("TII"), is a foster care provider for children in state custody. By contract with Genesis Learning Centers, TII provided foster care...

Calaway ex rel Calaway v. Schucker - 12/9/2005
FACTUAL BACKGROUND At the core of the certified questions presented to us in this case is whether, by virtue of Tennessee's "legal disability statute," Tennessee Code Annotated section 28-1-106 (2000), the plaintiff's minority...

McMahan v. McMahan - 12/5/2005
I. During the pendency of Husband's divorce action, the parties agreed to mediation. The mediation was held at the office of Wife's attorney. It consumed approximately seven hours. As a result of the mediation, a five-page,...

Saylor v. Lakeway Trucking - 11/29/2005
The plaintiff, William H. Saylor ("Saylor"), was employed as a truck driver for the defendant, Lakeway Trucking, Inc. ("Lakeway"). On June 15, 1999, Saylor was transporting hazardous liquid in a flatbed trailer truck to Clive, Utah....

State v. Marlow - 11/21/2005
I. Factual Background The following factual account is set forth in this Court's opinion on direct appeal: On February 7, 2000, [the victim] arrived at his home. [The victim] exited his vehicle and headed for his back...

Ellis v. Bacon - 11/21/2005
This appeal results from a medical malpractice claim. Edward Ellis, Jr., after an initial non-suit, filed a second complaint in Circuit Court for Sumner County alleging malpractice on the part of John W. Bacon, M.D. In the complaint...

Moore v. City of Chattanooga - 11/18/2005
Background Mr. and Mrs. Moore sued the City and Willie Birdsong regarding an accident that occurred on June 14, 2002. This non-jury case was tried in September of 2004. At trial, the City stipulated that: The collision...

Fluri v. Fort Sanders Regional Medical Center - 11/14/2005
On May 9, 2001 plaintiffs, Janey Fluri and David Fluri, sued defendants, Fort Sanders Regional Medical Center ("Fort Sanders") and Dawn Taylor, and averred that on December 19, 2000 Ms. Fluri had a replacement of her left knee at...

Taylor v. Shelby County Health Care Corp. - 11/10/2005
I. Statement of Facts & Procedural History On November 21, 1999, Ms. Dena M. Taylor ("Patient" or "Appellant") arrived at the Regional Medical Center (the "Med") in Memphis, Tennessee seeking treatment for severe leg pain....

Messer Griesheim Industries - 11/10/2005
Background This is the third occasion we have had to consider an appeal in this litigation. Our opinion from the second appeal sets forth a good summary of what gave rise to this lawsuit. Finding no need to reinvent the wheel,...

Goot v. Metropolitan Government of Nashville and Davidson County - 11/9/2005
I. Metropolitan Government's Group Life Insurance Benefit The Metropolitan Government of Nashville and Davidson County, like most large public and private employers, provides group insurance benefits to its employees. Ever...

State v. Black - 11/2/2005
I. Background Nora Farley, the manager of personnel services for Service Transport, Inc., testified that Defendant was employed by the company as a truck driver in 1999. Ms. Farley said that Defendant filed an "application for...

Norris v. East Tennessee Children's Hospital - 10/31/2005
I. Prior to the matters at issue in this case, the child suffered from spinal curvature, a congenital condition that first manifested itself when he was 11-years-old. On Wednesday, September 3, 1997, the child, who was then...

Zakour v. UT Medical Group - 10/31/2005
On June 2, 1998, Patti Zakour ("Plaintiff" or "Appellant") presented to the Family Practice Center ("the clinic") in Covington, Tennessee operated by the University of Tennessee Medical Group ("UTMG"). Ms. Zakour presented with a...

Ballard v. Serodino - 10/31/2005
I. The defendant owns and operates several barges and towboats on the Tennessee River. For more than three years, the defendant employed the plaintiff as a deck hand on one of its towing vessels. At all relevant times, the...

Brown v. Crown Equipment Corp. - 10/27/2005
Charles Brown ("Mr. Brown") and Barbara Sue Reynolds ("Mrs. Reynolds") sustained injuries to their left legs while operating two different models of stand-up forklifts manufactured by Crown Equipment Corporation ("Crown"). Mr. Brown...

State v. D'Antonio - 10/26/2005
The defendant, Richard Frank D'Antonio, was indicted on July 19, 2002, for: (Count One) premeditated first degree murder of Kevin Hughes and (Count Two) assault with intent to commit murder of Sammy Sadler. Both counts stemmed from...

Young v. Taylor-White - 10/20/2005
Phyllis A. Young ("Young") filed a complaint against her employer, Taylor-White, LLC ("Taylor-White"), alleging that she suffered a compensable injury to her shoulder on September 14, 2002, at a company- sponsored picnic....

Draper v. Westerfield - 10/12/2005
On June 2, 2000, three-month-old Bryanna Draper ("Bryanna") died as a result of injuries inflicted upon her by her father, Daniel Lee Draper ("Mr. Draper"). Bryanna's mother, Angela Draper ("Mrs. Draper"), as parent, survivor, and...

McLean v. Bourget's Bike Works - 10/7/2005
I. In June 1999, Mark Jay Scott McLean purchased a Python T6 motorcycle from Custom Cycle Works ("Custom Cycle"), in Nashville. The motorcycle had been manufactured by Bourget's Bike Works, Inc. ("Bourget's"), a manufacturer of...

Bennett v. Trevecca Nazarene University - 10/7/2005
Defendant, Trevecca Nazarene University (TNU), experienced partial power failure at approximately 10:00 a.m. on December 26, 2001. TNU campus administrator, Michael Yonnotti (Yonnotti), and TNU maintenance supervisor, Bill Adams...

In re C.K.G. - 10/6/2005
I. Factual and Procedural Background Dr. Charles K. G. and Ms. Cindy C. first met in 1993 while working at Vanderbilt University Medical Center in Nashville. Cindy was a nurse practitioner who managed a department through which...

Suits v. M & M Mars - 10/5/2005
In this case the plaintiff, Phyllis I. Suits, has appealed from the entry of a Chancery Court judgment awarding her 25 percent permanent partial disability to the body as a whole as a result of sustaining a neck injury. The...

Jefferson v. West Ridge - 10/5/2005
Plaintiff alleged that an attorney acting on her behalf sent a letter to Ron complaining of non-payment of rent. Ron Immediately paid the rent. We dismiss the case. Reverse and Remanded....

Ledford v. American Motorist Insurance Co. - 9/30/2005
This appeal has been perfected by the employee, Joseph Allen Ledford, from the trial court's action in awarding plaintiff 20 percent permanent partial disability to the body as a whole. Plaintiff insists he is totally disabled. ...

Evans v. Wintrow - 9/30/2005
I. Robert S. Jernigan and Steven D. Wintrow were two of the three owners of a closely held corporation called Investment Brokers of America, Inc. ("Investment Brokers"). Investment Brokers was doing business as "Money Source...

Salyers v. Jones Plastic & Engineering Co. - 9/29/2005
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of the Tennessee Code Annotated section 50-6- 225(e)(3) for hearing and...

Craster v. Thrifty Rent-A-Car System - 9/29/2005
In this action, plaintiff, a citizen of England, filed a Complaint against Thrifty Rent-A-Car System, Inc., and others, alleging that she entered into a rental car agreement and insurance agreement with defendants while on vacation...

Bryant-Bruce v. State - 9/27/2005
I. Gregory David Bryant-Bruce, Jr. was born prematurely on June 10, 1993 at Wright Patterson Air Force Base in Dayton, Ohio. Because of his low birth weight and other complications, the child remained in pediatric intensive...

Castle v. State - 9/27/2005
Background Plaintiff, an inmate at the Brushy Mountain Correctional Complex in Morgan County, Tennessee, is proceeding pro se and appeals the dismissal of his lawsuit against the State, Rick Cox Construction Company ("Rick...

Laughlin v. Fillers - 9/22/2005
Background Plaintiff's wrecker consisted of two parts, a 1989 Ford four wheel drive one ton truck, and the wrecker apparatus. When asked to describe the components of the wrecker, Plaintiff stated: "Well, you've got the truck,...

Thompson v. Travelers Indemnity Co. - 9/20/2005
I. Facts and Procedural History Mrs. Dianna Gail Thompson has worked for Toshiba American Consumer Products, Inc. ("Toshiba"), for 16 years prior to the industrial accident which is the subject of this appeal. In her employment...

State v. Robinson - 9/19/2005
On the morning of November 11, 2001, Officer Jason McClain of the Kingsport Police Department observed the defendant driving a maroon Nissan. Officer McClain was familiar with the defendant and the status of his driving privileges....

Travis v. Ferraraccio - 9/19/2005
I. On June 18, 1996, Charles L. Travis, then fifty-eight years old, fell and seriously injured himself while walking into his home. Mr. Travis was intoxicated at the time. His son discovered him sometime later and immediately...

Bell v. Todd - 9/14/2005
I. During the early morning hours of February 22, 2002, Eleanor Bell received a telephone call from the Warren County Sheriff's Department informing her that a truck owned by her son, Jeffrey Bell, had been found burned and...

Orten v. Orten - 8/26/2005
Background On October 30, 2003, Wife filed a complaint for divorce seeking dissolution of her twenty-three year marriage to Husband. As grounds for divorce, Wife alleged Husband was guilty of inappropriate marital conduct...

Woodland v. Thornton - 8/25/2005
On October 12, 2001, the automobile driven by Defendant/Appellant Gloria J. Thornton ("Thornton") struck the rear of the automobile driven by Plaintiff/Appellee Bernice Walton Woodland ("Woodland"). At the time of the accident,...

In re Audrey S. - 8/25/2005
I. Jamie F. was an eighteen-year-old high school student when she gave birth to her first child, Audrey S., on April 30, 1995. The child's father was Terry S., her eighteen-year-old boyfriend. Shortly after the child's birth,...

Edwards v. Edwards - 8/25/2005
I. Wife's first husband, who had been a railroad employee, died in 1991. She married Husband, who had also worked for the railroad, in 1992. The parties were divorced ten years later. By the terms of the divorce judgment...

Alassaadi v. Davidson Transit Organization - 8/24/2005
I. FACTUAL BACKGROUND Mr. Waed Alassaadi is married with four children, two boys and two girls. He was born in Sadr City, Iraq in 1959. He completed high school in Iraq and moved to Kuwait in 1976. He lived in a refuge camp in...

SREE v. Champaneria - 8/24/2005
Plaintiff, SREE, was a Tennessee general partnership which on January 1, 1992, entered into a Franchise Agreement with Econo Lodges International, Inc. relative to the operation of an Econo Lodge Hotel located at 970 Murfreesboro...

State v. Bussell - 8/23/2005
I. Background Although Defendant does not challenge the sufficiency of the convicting evidence, a summary of the facts and circumstances surrounding the offenses is necessary in order to address the sentencing issues. ...

Rabbit v. Mills - 8/22/2005
On September 7, 1990, the Federal Bankruptcy Court for the Middle District of Tennessee dismissed Daniel L. Mills' ("Mills") petition to discharge a $140,000 debt owed to Edward and Janine Rabbitt ("the Rabbitts"), finding that the...

Wells v. Hamblen County Tennessee - 8/22/2005
This matter concerns a domestic abuse incident resulting in the death of a child and the responsibility of Hamblen County ("County") for its law enforcement officer's handling of the matter. The child's mother sued the County on...

Hall v. State - 8/22/2005
I. Facts A. Facts on Direct Appeal As set forth in our Supreme Court's opinion on direct appeal, the proof at the Petitioner's trial established the following facts: At around midnight on April 16, 1991, the...

Sexton v. Duncan - 8/19/2005
On December 11, 1999, a motor vehicle accident occurred on Highway 96 in Rutherford County, Tennessee. A vehicle operated by Lester W. Martin crossed the centerline of the highway and struck an on-coming vehicle. Charles B. Sexton...

Russell v. Brown - 8/18/2005
I. On March 19, 1996, the plaintiff, a 49-year-old man, went to see Dr. Brown, a board-certified otolarynologist and a member of Chattanooga Ear, Nose & Throat Associates, P.C., also a named defendant in this action. The...

Duncan v. Lloyd - 8/18/2005
This dispute arises from a 2000 automobile accident. At approximately 3:00 AM on September 10, 2000, Defendant Rose M. Lloyd (Ms. Lloyd) was traveling southbound in the northbound shoulder of Clarksville Highway while delivering...

Lang v. Nissan North America - 8/16/2005
I. Factual and Procedural Background The plaintiff, Frederick J. Lang, was an employee of the defendant, Nissan North America, Inc., a company which manufactures automobiles. Mr. Lang began working at Nissan's Rutherford County...

Chapman v. Bearfield - 8/16/2005
Background Plaintiffs retained Defendant to file a medical malpractice suit on their behalf. The malpractice case arose out of the medical treatment and death of William Chapman, husband of plaintiff Cathy L. Chapman, and...

Mason v. Atlantic Soft Drink Co. - 8/15/2005
I. FACTUAL BACKGROUND Richard Mason was forty-two years old at the time of the trial. Having completed only the eighth grade, his reading, writing and math skills are limited. Prior to working for Pepsi, he had done janitorial...

Smith v. V.F. ImageWear - 8/15/2005
I. FACTUAL BACKGROUND Gloria Smith, a resident of Springfield, Tennessee, was forty-one old at the time of the trial. She was employed by V.F. Imagewear sewing trim and emblems onto uniforms. She now is the primary caregiver...

DeLong v. Vanderbilt University - 8/15/2005
I. Patrick "Kyle" Gullahorn enrolled at Vanderbilt University as a freshman in the fall of 1996. He resided in Lupton Hall, a multi-story dormitory located in the Branscomb Quadrangle. On March 22, 1997, Mr. Gullahorn broke a...

Abbott v. Blount County - 8/9/2005
This dispute arises from a January 2001 automobile accident in which Plaintiff Shelby Abbott (Ms. Abbott) was struck by two vehicles. At the time of the accident, Ms. Abbott was 56 years of age and had been employed by the Blount...

In re C.M.C. - 8/3/2005
On December 31, 2002, the trial court removed C.M.C. (born 5/4/1992), C.L.C. (born 7/11/1995), and D.A.M. (born 7/1/1999) (collectively, "the children") from Mother's custody upon a petition for temporary custody filed by the...

ARC Lifemed - 8/2/2005
This case involves the supply of pharmaceutical products to persons residing in assisted living facilities and the collection of payments for such products. ARC Lifemed, Inc. ("ARC") is a large corporation with many years of...

Whaley v. Perkins - 7/21/2005
I. PROCEDURAL HISTORY On May 26, 1998, Appellees, Forrest L. Whaley and Margaret Ann Whaley, filed a complaint for breach of contract, misrepresentation, and breach of warranty of title against Jim Ann Perkins, Albert Lewis...

Sommer v. Womick - 7/18/2005
I. FACTUAL BACKGROUND In 1998, the Sommers retained John Womick and his law firm to represent them in a medical malpractice action against Dr. G. William Davis. A lawsuit was filed on December 3, 1998, in the U.S. District...

State v. Arnett - 7/18/2005
Factual Background The following facts, taken from an affidavit of one of the arresting officers, were stipulated to by the State and the defendant: On 11-26-02 at approx. 11:15 P.M., Deputy Tim Tester and Constable Bobby...

Crook v. Jock - 7/13/2005
I. In this appeal, we must determine whether the record supports the trial court's entry of a consent order of dismissal. Plaintiffs/Appellants Ronald E. Crook and Doyle B. Crook, Sr. (collectively "Plaintiffs"), acting...

Counts v. Bryan - 7/13/2005
Dana Renee Counts sustained physical injuries in a vehicular accident with Jennifer Lynn Bryan on February 26, 1996. She commenced her first action against Ms. Bryan and her parents, Jerry and Geri Bryan, on September 27, 1996. The...

In re A.L.B. - 7/6/2005
I. Factual Background The parents in the case are married and have given birth to three children: A.L.B. on 10/26/96, N.W.B. on 5/24/98, and C.B.B. on 4/5/00. Mother and Father are uneducated and extremely poor. The family...

Richardson v. Methodist Healthcare Memphis - 6/30/2005
Trina Richardson, the daughter of Plaintiff/Appellee Helen Richardson ("Richardson"), died on January 19, 2000, allegedly due to negligent medical treatment. On January 19, 2001, Richardson filed a medical malpractice lawsuit,...

Alsip v. Johnson City Medical Center - 6/30/2005
I. The plaintiffs sued Louis Modica, M.D. ("the defendant doctor") and others for medical malpractice allegedly associated with the death of the deceased. The alleged operative facts underpinning the malpractice claims of the...

Watkins v. Tankersley Construction - 6/29/2005
This case involves the issue of whether the remedy for the wrong committed has been legislatively precluded. The chronology of events and relevant facts are undisputed. In the fall of 1992, Munford Development Company ("Munford"), a...

Milligan v. Board of Professional Responsibility of the Supreme Court of Tennessee - 6/28/2005
I. Facts and Procedural History Milligan is an attorney whose practice in Knoxville consists, in the main, of personal injury and malpractice matters. This case involves three disciplinary complaints-two that allege...

State v. Wilson - 6/16/2005
I. Background At the time of the offenses, Officer Billy Moyer with the Springfield Police Department knew that a warrant for Defendant's arrest was outstanding. He had information that Defendant was staying in a trailer park...

Kelly v. Lay - 6/16/2005
Background Mr. Joe Kelly was fifty-eight years old at the time of the trial. He had completed three years of college and had obtained an associate degree from a junior college. He had worked for Frito Lay for twenty-one years...

Shepherd v. Fregozo - 6/13/2005
There is little factual dispute in this case. On February 4, 2002, Dennis R. Shepherd, a patrol officer with the Metropolitan Police Department since 1996, was on duty and driving his patrol car when he was struck from the rear by an...

Johnson v. Pratt - 6/9/2005
In early 2000, Barbara Johnson (together with her husband Paul Johnson, the "Johnsons," "Plaintiffs," or "Appellants") sought medical treatment at Spine Memphis, a division of The Orthopedic Clinic ("Spine Memphis") for chronic back...

Kahn v. Kahn - 6/6/2005
Facts and Procedural History Randa L. Kahn ("Wife" or "Appellee") and Stanley D. Kahn ("Husband" or "Appellant") were married on May 9, 1982. It was the first marriage for both parties. Husband and Wife adopted two children...

Smith v. Portera - 5/27/2005
The Appellee/Defendant in this matter, Charles A. Portera, M.D., is a licensed physician engaged in the specialty practice of gynecologic oncology in Chattanooga, Tennessee. The Appellant/Plaintiff, Gloria Kim Smith, became Dr....

State v. Harris - 5/23/2005
I. Facts The following evidence was presented at trial. On December 13, 2002, the defendant and his girlfriend, Catherine Covington, were living together with the defendant's step-mother, Debbie Harris. After drinking most of...

White v. Smith - 5/19/2005
Background This is a dog bite case. Plaintiffs filed this lawsuit against Defendants, whom they claim owned a "large dog, which was of a ferocious, vicious and mischievous disposition." According to the complaint, on February...

Pomeroy v. Illinois Central Railroad Co. - 5/19/2005
This appeal arises from a jury verdict in favor of Plaintiff Billy K. Pomeroy (Mr. Pomeroy), finding Defendant Illinois Central Railroad Company ("Illinois Central") negligent and 100 percent at fault for injuries sustained by Mr....

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