Category Archives: Personal Injury
Minnesota Judge Rejects 3M’s “Federal Contractor” Defense in Defective Earplug Lawsuit
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 »
Tennessee Appeals Court Dismisses Ex-Cheerleader’s Lawsuit Over High School Fight
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 »
Does Leaving a Comment on a Website Constitute Proper “Notice” of a Personal Injury Lawsuit?
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 »
Federal Court Dismisses Lawsuit Against Gun Manufacturer Due to Tennessee’s Statute of Repose
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 »
TN Court: Arbitration Agreement Is “Unconscionable” But Still Enforceable
It has become common practice for nursing homes to pressure their residents into signing binding arbitration agreements. These agreements strip residents of their right to sue nursing homes for medical malpractice or other forms of negligence in favor of a private arbitration proceeding. In many cases, these arbitration agreements require residents to pay high… Read More »
Vanderbilt Medical Center Faces Whistleblower Lawsuit Over Failure to Follow OSHA Guidance to Prevent Workplace Violence
Workplace violence is a serious but often overlooked problem, especially in service industries like healthcare. Indeed, in 2015 the federal Occupational Safety and Health Administration (OSHA) issued new guidelines “for protecting healthcare and social services workers from workplace violence.” Issuing guidance, of course, is one thing. But what happens when employers neglect to follow… Read More »
TN Court of Appeals Declines to Hear Partial Appeal in Medical Malpractice and Wrongful Death Case
Medical malpractice lawsuits often involve multiple defendants, including doctors, hospitals, and even nurses. Sorting out the legal arguments against each specific party is a complex undertaking. And judicial decisions involving some of the defendants may end up affecting a victim’s case against the other parties. A July 31 decision from the Tennessee Court of… Read More »
Pedestrian Placed in Critical Condition After Kingsport Car Crash
Kingsport, TN (September 15, 2020) A female pedestrian was placed in critical condition on September 15th following a crashon Kingsport’s Fairview Avenue. A report provided by the Kingsport Police Department states that the accident occurred around 8:20 p.m. in the 1500 block when a Chevrolet Tahoe was headed south and two pedestrians walked the… Read More »
Does a Hospital’s Violation of Its Own Policies Prove Medical Malpractice Occurred?
In Tennessee medical malpractice cases, the injured patient must prove that their healthcare provider deviated from the accepted “standard of care.” This is normally done through the testimony of an expert witness qualified in the same field as the defendant. Without such testimony, the plaintiff’s case is likely to fail. A recent decision from… Read More »
Memphis Gas Faces Third-Party Lawsuit Over Injuries to Maintenance Workers
Under Tennessee workers’ compensation law, an injured employee normally cannot sue their employer over a work-related accident, regardless of the employer’s actual fault. This rule does not, however, bar the employee from suing any third party whose acts may have contributed to their injuries. Nor does it necessarily prevent that third party from taking… Read More »
