Joy B. Day Law Blog

Medical Clinic Subject to Claim of Negligence for Drugging and Driving

Wednesday, June 1, 2011 by Joy B. Day

Medical Clinic Subject to Claim of Negligence for Drugging and DrivingBy Joy Day

Under Tennessee law, a plaintiff who wants to file a medical negligence action must comply with certain pre-suit notice and certificate of good faith requirements.  The same is not true for ordinary negligence claims against medical providers.  Not surprisingly, plaintiffs would prefer to pursue an ordinary negligence claim as they are... Read More

Posted at 15:20 PM  |  PERMALINK
Topic: Medical Malpractice

Tort Reform Continues to Move Forward in Tennessee

Wednesday, June 1, 2011 by Joy B. Day

Tort Reform Continues to Move Forward in TennesseeBy Joy Day-

On May 12, 2011, after a four-hour debate, the state Senate adopted Governor Bill Haslam’s far-reaching tort reform proposal known as the “Civil Justice Reform Act”.   Among its key provisions, the Act caps both non-economic and punitive damages.  For “healthcare liability actions”, the bill caps non-economic damages at... Read More

Posted at 15:19 PM  |  PERMALINK
Topic: Personal Injury

The Plaintiff cried: "Fowl!"

Wednesday, June 1, 2011 by Joy B. Day

The Plaintiff cried: “Fowl!”By Joy Day

For those of you who have not had the pleasure of traveling to, or more likely through, Lincoln County, Tennessee, please let me regal you with some facts about the place.  Lincoln County used to be the home of The Jack Daniels Distillery.  Please note that I said “used to be the home of Jack Daniels.”  A subsequent redistricting resulted in the... Read More

Posted at 15:16 PM  |  PERMALINK
Topic: Personal Injury

Tort Reform Continues to Move Through Tennessee Legislature

Wednesday, June 1, 2011 by Joy B. Day

Tort Reform Continues to Move Through Tennessee Legislature
By Joy Day

On April 26, 2011, the Senate Judiciary Committee recommended passage of Governor Haslam’s “Civil Justice Reform Act”.  In making the recommendation, the Committee rejected several bids to modify the bill including one which would have increased the limits on non-economic damages to $1.25 million.  The House has now placed the bill on its regular calendar on May 9, 2011.

... Read More
Posted at 15:04 PM  |  PERMALINK
Topic: Products Liability

The Plaintiff's Bankruptcy Might Be The Defendant's Asset

Wednesday, June 1, 2011 by Joy B. Day

The Plaintiff’s Bankruptcy Might Be The Defendant’s AssetBy Joy Day

A plaintiff who fails to list a personal injury claim as an asset in a bankruptcy proceeding could face a dismissal of their subsequent personal injury lawsuit.   In Reynolds v. Tognetti, 2011 WL 761525 (Tenn Ct. App.), the plaintiff filed for... Read More

Posted at 15:03 PM  |  PERMALINK
Topic: Personal Injury

Tort Reform in Tennessee

Friday, May 27, 2011 by Joy B. Day

Tort Reform in Tennessee

 April 22, 2011

By Joy Day-

Governor Bill Haslam’s bill to limit lawsuit damages in Tennessee has passed a key House panel.  Haslam’s bill was approved by the House Judiciary... Read More

Posted at 13:20 PM  |  PERMALINK
Topic: Personal Injury
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