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Category Archives: Personal Injury

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Is an Employer Responsible for an Accident Caused by an Employee Who Leaves Work Early?

By Fox Willis Burnette, PLLC |

In Tennessee law, the principle of “respondeat superior” means that an employer can be held vicariously liable for the negligent acts of its employees. A common example of this an employee driving their employer’s truck who causes an accident. The employer can be held responsible for damages in a personal injury brought by the… Read More »

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Federal Court Allows Shelby County Police Shooting Lawsuit to Proceed

By Fox Willis Burnette, PLLC |

If someone negligent or recklessly shoots you with a gun, you can file a personal injury lawsuit to seek compensation. But what happens when you are shot by the police? In that scenario, you may have a special legal remedy under 42 U.S.C. §1983, a federal statute that allows a person to file a… Read More »

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Teleflex Recalls Endotracheal Tubes Following 4 Reported Deaths

By Fox Willis Burnette, PLLC |

Manufacturers have a legal and ethical duty to recall dangerous and defective medical devices from the market. Ideally, such recalls are accomplished before any patient is seriously injured or killed by the device. Unfortunately, that is not always the case. FDA Notifies Consumers of Class I Recall On June 23, 2019, Teleflex Incorporated announced… Read More »

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When Is a Property Owner Liable for Failing to Clear Ice or Snow Following a Storm?

By Fox Willis Burnette, PLLC |

The question of when a property owner is legally responsible for an accident that occurs on its premises is often difficult to answer. As a basic rule, Tennessee courts have said a premises owner must first have “actual or constructive” notice of a dangerous condition that actually exists on the property. To put this… Read More »

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How Does Tennessee Law Protect Uninsured Accident Victims?

By Fox Willis Burnette, PLLC |

If you have been seriously injured in an accident, you may be faced with paying tens of thousands of dollars in medical bills, especially if you lack insurance. And even if you are able to recover some amount of damages in a personal injury claim against the person who caused your accident, that may… Read More »

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Supreme Court Allows Personal Injury Lawsuit Against TVA to Proceed

By Fox Willis Burnette, PLLC |

Personal injury against government agencies are often complicated by the legal principle of “sovereign immunity.” Essentially, you cannot sue the government unless it consents, typically through legislation waiving the immunity. At the federal level, for example, the Federal Tort Claims Act (FTCA) allows victims of government employee negligence to file a personal injury claim,… Read More »

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TN Hospital Accused of “Coercing” Expert Witness in Medical Malpractice Case

By Fox Willis Burnette, PLLC |

In some personal injury cases, notably those involving product liability or medical malpractice, expert testimony is often necessary to establish the defendant’s negligence. Indeed, in any health care liability case, Tennessee law requires the testimony of at least one qualified expert who can explain how the defendant deviated from the accepted “standard of care”… Read More »

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How Store Surveillance Footage Can Defeat Your Personal Injury Claim

By Fox Willis Burnette, PLLC |

When it comes to personal injury cases, a picture can be worth a thousand words. That is to say, visual evidence is typically more persuasive than oral argument. This can prove to be a double-edged sword for injury victims who allege an accident occurred one way–yet video evidence produced by the defense suggests a… Read More »

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injured

Tennessee AG May Ask Supreme Court to Reinstate Cap on Punitive Damages

By Fox Willis Burnette, PLLC |

Last December, a federal appeals court delivered an important ruling for personal injury victims and their families when it declared unconstitutional a Tennessee law limiting jury awards of punitive damages. According to the Knoxville News-Sentinel, Tennessee Attorney General Herbert L. Slatery III is in the process of deciding whether to ask the U.S. Supreme… Read More »

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Can You Seek Damages for Your Own “Loss of Household Services” in a Personal Injury Case?

By Fox Willis Burnette, PLLC |

There are many different types of damages a plaintiff may seek in a personal injury lawsuit. Some of the more common categories include economic losses like medical bills and non-economic damages such as “pain and suffering” and “loss of enjoyment of life.” But what about “loss of household services.” By this, we mean the… Read More »

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