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Category Archives: Personal Injury

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When Can a Tennessee Judge Impose Sanctions Against a Person Who Brings a Medical Malpractice Case?

By Fox Willis Burnette, PLLC |

Tennessee law is often quite hostile to victims of medical malpractice. Unlike other personal injury plaintiffs, malpractice victims must file a “certificate of good faith” prepared by a qualified medical professional. This certificate basically provides an expert opinion that the plaintiff has a legitimate basis to bring their malpractice case. In the absence of… Read More »

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When Can a Defendant Try and “Shift Blame” in a Personal Injury Case?

By Fox Willis Burnette, PLLC |

In a personal injury lawsuit, it is not uncommon for a defendant to try and shift blame towards another party. This is known as “comparative fault.” Under Tennessee court rules, a defendant may plead comparative fault as an affirmative defense, but they must do so before trial, in order to give the plaintiff an… Read More »

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How Quickly Must a Property Owner Remove Snow or Ice Before It Injures Someone?

By Fox Willis Burnette, PLLC |

Property owners have a general duty to keep their premises in reasonably safe condition for invited guests. This duty can prove quite complicated when it comes to an ongoing potential hazard, such as a winter storm. Legally speaking, a property owner is not required to “continuously remove snow and ice” while a storm is… Read More »

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When Can You “Pierce the Corporate Veil” and Hold a Corporate Owner Personally Liable for Negligence?

By Fox Willis Burnette, PLLC |

Personal injury lawsuits are often complicated by the presence of corporate defendants. It can be difficult to unwind the complex web of ownership interests in a business entity. And under most circumstances, it is difficult to “pierce the corporate veil” and hold individual owners and managers personally responsible for negligent acts that injure or… Read More »

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Can a Nursing Home Force You to Sign an Arbitration Agreement on Behalf of Your Parent?

By Fox Willis Burnette, PLLC |

When a patient is admitted to a nursing home, one of the first things the staff will attempt to do is get that patient–or a family member–to sign a binding arbitration agreement. In effect, the patient is immediately pressured to sign away their legal right to sue in case they are injured (or killed)… Read More »

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TN Court of Appeals Upholds $850,000 Personal Injury Judgment Against Kroger

By Fox Willis Burnette, PLLC |

In August 2016, an 88-year-old Shelby County woman and her daughter went shopping at their local Kroger. After spending about a half-hour in the store, the woman turned her loaded shopping cart to the right. The cart suddenly tipped over, causing the woman to fall to the floor. The fall seriously injured the woman’s… Read More »

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Minnesota Judge Rejects 3M’s “Federal Contractor” Defense in Defective Earplug Lawsuit

By Fox Willis Burnette, PLLC |

In 2016, a whistleblower filed a federal lawsuit against manufacturing giant 3M, alleging the company knowingly sold defective earplugs to the U.S. government for use by members of the armed forces. 3M ultimately agreed to pay the government over $9 million to resolve the whistleblower’s claims. But thousands of service veterans and private citizens… Read More »

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Tennessee Appeals Court Dismisses Ex-Cheerleader’s Lawsuit Over High School Fight

By Fox Willis Burnette, PLLC |

In 2013, an eighth-grade student named Gamelia attended Woodstock Middle School in Millington, Tennessee, where she was also on the cheerleading team. At a sporting event between Woodstock and the nearby Millington Middle school, there was an incident between the two cheerleading squads. According to Gamelia and her parents, two of the Millington cheerleaders… Read More »

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Does Leaving a Comment on a Website Constitute Proper “Notice” of a Personal Injury Lawsuit?

By Fox Willis Burnette, PLLC |

Tennessee has a one-year statute of limitations when it comes to personal injury claims. But what if you file a lawsuit within the one-year deadline, only to later discover there may be another defendant who is potentially liable for your injuries? Under Tennessee court rules, it is possible to file an amended complaint naming… Read More »

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Federal Court Dismisses Lawsuit Against Gun Manufacturer Due to Tennessee’s Statute of Repose

By Fox Willis Burnette, PLLC |

Tennessee law imposes a 10-year statute of repose on product liability claims. This means that if you want to sue a manufacturer because you were injured by its defective product, you must file that lawsuit no later than 10 years after the item in question was “first purchase for use or consumption.” If more… Read More »

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