ph: 1-866-228-2447
info
The Tennessee Jury Verdict Reporter Blog
A quick look at verdicts, trial news or other stories of interest to Tennessee litigators.
Return to the Tennessee Jury Verdict Reporter Home Page
Published 11-21-23
Plaintiff died of a bleed complication after a hernia surgery -- Med Mal verdict last week in Jackson
The plaintiff, age 71, died from a bleed complication after a hernia repair surgery. His estate alleged error by his surgeon not in the surgery itself but rather both the pre- and post-operative management of the bleed risk and complication. That included, (1) clearing him for surgery without a cardiology consult, (2) discharging him after the surgery despite a bruise at the incision site, and (3) failing to properly respond to a call from the plaintiff's wife about pain. The surgeon explained that he properly managed the patient and bleeds are a complication of every surgery. The key defense expert was Dr. Guy Voeller, Surgery, Memphis. The plaintiff had relied on Dr. Ralph Silverman from St. Louis, MO.
The case was tried for several days in Jackson. The verdict was for the doctor on liability and the estate took nothing.
W. Lewis Jenkins, Jr., Jenkins, Dedmon Hayes Law Group, Dyersburg for the plaintiff
Chris J. Tardio and J. Blake Carter, Gideon Essary Tardio & Carter, Nashville defending
Judge Donald Allen on the bench
Published 11-10-23
The plaintiff slipped on a shrimp at an Asian Restaurant suffered injuries -- a Memphis jury rejected the premises liability claim
The plaintiff was a patron at Stix, an Asian restaurant in Collierville. As she went to sit down she slipped on a shrimp that was spilled on the floor. In the fall she suffered a hernia of her abdominal wall among other injuries.
The plaintiff sued Stix (it's a d/b/a of Dragon, Inc.) and alleged it had failed to maintain the premises in a safe condition. Stix denied fault.
A Memphis jury rejected the case on liability after a two-day trial and the plaintiff took nothing.
Full report coming in the December edition of the Tennessee Jury Verdict Reporter.
James B. Stephens, II, Gatti Keltner Bienvenu & Montesi, Memphis for the plaintiff
Bradley E. Eskins and Brie D. Wallace, Eskins King & Marney, Memphis defending
Judge Damita J. Dandridge on the bench
Published 10-27-23
$615,370 MVA verdict in Nashville -- Disc injury after Briley Parkway rear-ender
The plaintiff was rear-ended on the Briley Parkway and complained of the aggravation of degenerative cervical conditions. He sued the tortfeasor as well as his silent UM/UIM carrier.
The case was tried on damages only and the plaintiff took $614,370 in damages which included the odd number of $591,300 in non-economic damages. The non-economic damages were 25 times the medical bills. Tortfeasor's limits were $50,000. UIM is a $450,000 limit.
Full report coming in the November 2023 edition of the Tennessee Jury Verdict Reporter.
Dale Kraut and Susan Neal Wiley, Morgan & Morgan, Nashville for the plaintiff
Robert L. Sands and Charles M. Molder, Mounger & Molder, Columbia for Woods (tortfeasor)
John J. Griffin, Jr. and Tanner Yancy, Kay Griffin Evans, Nashville for Auto-Owners (silent UM/UIM)
Judge McClendon tried it
The verdict form . . .
Published 10-18-23
$7,004,835 Ophthalmology Verdict in Knoxville in case against Daughter-Father Doctors
The plaintiff, age 79, suffered an infection after a cataract surgery and sustained a bacterial infection. He later lost the eye. The injury was devastating because his vision was already in his remaining eye.
Plaintiff sued his ophthalmologist (Lauren Harris) who failed to appreciate the infection and her father (David Harris, also an ophthalmologist) who consulted, this error leading to the infection becoming worse. The defendants denied fault.
The jury found against Lauren (daughter) but exonerated David (father). Plaintiff took medicals of $4,835 as stipulated and $6,000,000 in non-economic damages. His wife took $1,000,000 for her consortium interest for a total of $7,004,835. The final judgment (consistent with Tennessee's tort scheme) reduced the verdict to $754,835 (by almost 90%) and was entered against Lauren.
Full report coming in the November 2023 edition of the Tennessee Jury Verdict Reporter.
Robert E. Pryor, Jr. (pictured), Pryor Priest Harber Floyd & Coffey, Knoxville for the plaintiff
James H. London and Andrew S. Roskind, London & Amburn, Knoxville
Special Judge Carter Moore (Judge Stevens' legal assistant was the daughter-in-law of the plaintiff)
Portions of the Judgment below
Published 10-17-23
Big Med Mal -- Details coming tomorrow -- $7,004,835
Published 10-5-23
The October 2023 Tennessee preview (20 TJVR 10) has been published -- full issue out later this week
Published 9-20-23
Fatal Police Shooting/Excessive Force Verdict in Knoxville on 9-14-23
Channara "Philly" Pheap, a Cambodian immigrant, age 33, struggled with a Knoxville police officer, Dylan Williams, who was investigating a hit and run accident. The two struggled outside Pheap's apartment and Pheap started to run away. A fearful Williams (he might have been hit by a taser probe that Pheap struck him with after taking Williams' taser) fired as Pheap ran away. It was a fatal shot.
Was Pheap shot in the back or was it in the side? Was the shooting justified? The Knoxville Police said it was.
Pheap's estate sued and alleged excessive force and state-law battery regarding the fatal shooting.
The case was tried to a federal jury last week in Knoxville. A defense verdict was returned for Williams and the estate took nothing.
Full report coming in the October 2023 edition of the Tennessee Jury Verdict Reporter.
The verdict form on liability in Pheap v. Knoxville Police
Joshua Hedrick and Lance Baker, Knoxville for the plaintiff
Gary Prince and Nathaniel Strand, O'Neil Parker & Williamson, Knoxville and John M. Kizer, Gentry Tipton & McLemore, Knoxville, defending
Judge Clifton Corker on the bench
Published 8-25-23
$500,000 Premises Liability verdict Wal-Mart returned in federal court in Chattanooga
There was a two-day trial in Chattanooga this week in federal court. The plaintiff, a retired elementary school teacher, tripped in a Wal-Mart parking lot. She fell over the broken stub of a handicap parking sign. It had apparently been taken as a souvenir by an unknown third party. The plaintiff suffered two pelvic fractures and a broken shoulder.
The plaintiff blamed Wal-Mart for either breaking the sign or failing to appreciate the hazard. The metal stub was raised 2.5 inches above the ground. Wal-Mart denied fault. The jury made a general award to the plaintiff of $500,000. Fault was assessed 70% to Wal-Mart and the remaining 30% to the plaintiff. The court entered a consistent judgment less comparative fault for the plaintiff in the sum of $350,000.
Full report in the September 2023 edition.
Ira M. Long, Jr., Weill & Long, Chattanooga for the plaintiff
Gregory W. Callaway, Howell & Fisher, Nashville defending
Judge Charles E. Atchley, Jr.
Published 8-21-23
$31,480 auto verdict in Memphis for three plaintiffs (mother, daughter and granddaughter) after a very minor rear-ender on 8-15-23
The plaintiff was stopped at a red light. The defendant's foot slipped off the brake and he rolled into the plaintiff's vehicle. It was a very MINOR impact.
The plaintiff (also her daughter, 15 and granddaughter, 2) subsequently treated for soft-tissue symptoms. They sought damages in this lawsuit. The defendant argued the crash was too minor to cause a compensable injury.
The jury found for the plaintiffs and awarded a total of $31,480. That represented medicals of $16,304 for mother and $5,000 for her non-economic damages. The teenager took medicasl of $5,021 but no pain and suffering. The toddler's medicals were $2,125 and she was awarded $3,000 for her pain and suffering.
Williams v. Crawford, Shelby Circuit Court.
Report coming in the September 2023 edition of the Tennessee Jury Verdict Reporter.
Derek Fairchilds, Nahon Saharovich & Trotz, Memphis for the plaintiffs
Craig Flood, Heaton & Moore, Memphis defending
Judge Gina Higgins tried it.
Published 8-1-23
$111,502 Auto Negligence Verdict in Williamson County
After a relatively minor rear-end crash (fault admitted), the plaintiff complained of neck pain and then treated with a chiropractor. After a six month gap in care, she was diagnosed with a herniated disc and ultimately underwent a repair surgery. Her medical bills were $71,502.
A Franklin jury deliberated damages only and awarded the plaintiff her medicals as claimed plus $40,000 for pain and suffering for a total of $111,502.
Jonathan Griffith and Jonathan Lawrence, GriffithLaw, Franklin for the plaintiff
Daniel Gagliano, Nashville for tortfeasor; Angelica Santiago for silent UIM Erie Insurance
Judge Deanna Johnson presiding
A picture of the plaintiff's Mercedes station wagon after the crash
Published 7-24-23
$16,111,643 Med Mal Verdict a week ago in Nashville -- Verdict includes $6,000,000 in non-economic damages
The plaintiff, age 27 and a college graduate just starting a non-profit job , presented to Tristar Skyline ER with right upper quadrant pain. A surgeon performed a cholecystectomy. Thereafter the plaintiff showed signs of bile leakage and two surgeons (Nagy and Bentley) managed his care. A gastroenterologist (Gaffney) also performed an ERCP and a sphincterotomy.
The plaintiff continued to leak bile over several days which was then linked to sepsis, a cerebellar stroke and ultimately a permanent and disabling hypoxic brain injury.
Plaintiff sued and alleged the doctors had mismanaged his care. He also sued the Skyline nurses who settled before trial.
The surgeons replied that they appropriately managed the bile leak and they had not missed the signs of looming sepsis crisis. The gastroenterologist also denied fault.
The complex case was tried for three weeks and concluded last Monday. The jury found the surgeons at fault (assessing 35% fault to each one) as well as the since-settled hospital for the remaining 30%. Gaffney, the gastroenterologist was exonerated on liability.
Plaintiff took damages totaling $16,111,643 (see the verdict form below) which included $6,000,000 in non-economic damages, far exceeding the Tennessee tort scheme that limits them in catastrophic injury cases to $1,000,000. The surgeons have moved to hold off on entering a final judgment until the tort scheme deductions and collateral source payments can be made to the verdict.
Matthew Hardin (Matt Hardin Law) Nashville, Patrick Shea Callahan (Callahan and Binkley) Cookeville and Jon Jones, Cookeville for the plaintiff
James E. Looper, Jr. and Bryant Witt (Hall Booth Smith) Nashville for Nagy (35%) and Bentley (35%)
Wendy Longmire and William Caldwell (Ortale Kelley) Nashville for Gaffney (exonerated by the verdict)
Judge Joe Binkley called balls and strikes
Full report coming in the Tennessee Jury Verdict Reporter.
Save 15% this month with the code July2023 in the Online Store.
The Bing v. Nagy et al verdict form on damages and apportionment
Published 7-11-23
The July 2023 preview is out . . .
The July 2023 preview is out at the link.
Subscribe to the Tennessee Jury Verdict Reporter -- Save 15% this month on anything in the Online Store with the Code July 2023.
Published 6-20-23
$746,103 Memphis verdict for rear-ended plaintiff who suffered a neck injury
The plaintiff, a woman in her 40s and a researcher at St. Jude Hospital, complained of a disc injury after a hard rear-end crash. She later underwent two disc surgeries.
The jury found the defendant solely at fault and awarded the plaintiff $746,103. That included medical specials of $425,678 and $320,425 more in general damages spread over seven different categories. The silent UM (Tennessee Farmers) paid its $150,000 limits but the record is not clear if the tortfeasor (Tow) made any payment against the judgment.
Andrew Clarke (pictured) and Mari-Elizabeth Sanford (Cochran Law Firm) Memphis for the plaintiff
Sam R. Marney, Eskins King & Marney, Memphis for Tow (defendant)
Douglas A. McTyier, Germantown for UM Tennessee Farmers
Judge Valerie Smith on the bench in Shelby County
Report coming in the July 2023 edition (20 TJVR 7)
Published 6-17-23
June 2023 issue preview is out
The June 2023 edition, 20 TJVR 6, is finished and we've got a preview. It will be out (check your email) on Monday if you're subscribing. There are some good verdict reports from around the state.
Published 5-31-23
$320,000 Patellar Fracture Verdict from Nashville -- Plaintiff's proof linked the injury to a later knee replacement
The plaintiff, Cinda Haddon, age 73, suffered a patellar fracture in a right-of-way crash with an uninsured driver. She treated conservatively but ultimately underwent a surgery to repair a non-union and then a subsequent knee replacement. She sought damages from Auto-Owners which defended in its own name.
The case was tried on 5-18-23. There was a directed verdict on liability at trial for Haddon and she took a total of $320,000. That represented non-economic damages of $159,735 and $160,274 more in medical bills.
Haddon interestingly was on the first women's basketball team at Belmont and is in their Hall of Fame. Haddon still has the individual scoring record at 44 points. That was before three-pointers if you're scoring at home.
Laura Baker (pictured) and John Day (Law Offices of John Day) Brentwood for the plaintiff
William G. Wojcik, II (Kay Griffin) Nashville for Auto-Owners (defended in its own name)
Judge Thomas Brothers called balls and strikes.
Report coming in the June 2023 edition (20 TJVR 6) of the Tennessee Jury Verdict Reporter.
Published 5-23-23
$200,000 med mal botched circumcision verdict out of Memphis -- from Memphis in 1952 . . .
We are studying a curious case from Memphis today. Little Gary Sykes suffered a botched circumcision while his surgeon, Dr. Louis Tolbert, was using an electrical cutting instrument. There was proof the boy suffered physical and emotional injuries.
The boy's parents sued and the case was tried to a Memphis jury on 10-15-1951. That's right. 1951. That's 72 years ago.
The plaintiff prevailed and took damages of $175,000. His parents took $25,000 more for a total of $200,000. It was called among the largest personal injury verdicts in the history of Shelby County.
The defense moved for a new trial and the presiding Judge John Wilson granted remittitur to the boy's damages of $125,000 reducing the total award to $150,000. The doctor appealed and while the appeal was pending, the parties settled the matter for an even $100,000.
Walter Chandler and Vincent Beal for the plaintiff. Walter Armstrong defended the matter.
Published 5-18-23
Plaintiff treated for shoulder pain three weeks after a rear-ender -- he later had a shoulder surgery -- $333,530 verdict in Murfreesboro
Plaintiff rear-ended and knocked into another vehicle. No injury at the scene. Plaintiff presents to scheduled annual exam and first reports shoulder pain. Four months later plaintiff saw an orthopedist and had a shoulder repair surgery. Plaintiff links it to the wreck.
Defendant contests causation and relies on an expert, Sean Kaminsky, who believes (1) if the injury is acute, plaintiff will have pain within days, and (2) shoulder problems related to diabetes.
Rutherford County jury finds for plaintiff and awards a total of $333,530 -- the medicals were $28,530. The verdict was 11.69 times the medical specials.
Full report coming in the June 2023 edition of the Tennessee Jury Verdict Reporter.
Christopher E. Coyne (pictured) and Burke Keaty (Morgan & Morgan) Nashville for the plaintiff
Matthew Moffitt (Hudson Reed & Christiansen) Murfreesboro defending
Judge Mark Rogers called the balls and strikes in Murfreesboro
Published 5-16-23
Elderly resident of assisted living captured nude on an CNA's phone call with an inmate -- Resident sues and alleged invasion of privacy -- as Resident didn't cognition of the invasion of privacy, trial court granted summary judgment -- TN Court of Appeals reverses today
The elderly Annie Jones (since deceased) was a resident of Life Care Center (LCC) of Tullahoma in February of 2019. As an LCC CNA helped Jones with a shower, the CNA got a video call from her incarcerated boyfriend. Jones appeared partially nude in the video. A local deputy sheriff monitoring the call alerted authorities and Jones' family was notified. Jones herself never even knew what had happened or appreciated she'd been exposed.
Jones (through her family) sued LCC and alleged invasion of privacy and particularly an intrusion upon her seclusion. The trial court granted summary judgment because it concluded that as Jones didn't know about the intrusion, she couldn't have been damages. The plaintiff appealed.
The Court of Appeals reversed on 5-16-23. Judge Clements, joined by Bennett and Usman, concluded that the intrusion itself is the injury and thus proof of actual damages is not required. The court also noted it would be bad public policy to allow an intrusion of vulnerable persons to not be actionable just because they were vulnerable.
Richard Piliponis, Benjamin Miller and Sarah Martin, The Higgins Firm, Nashville led the appeal.
Alan Bean and Nicole Poole, Starnes Law, Franklin for Life Care Center.
The appeal was from Judge William Lockhart in Coffee County.
The Court of Appeals Opinion (external link)
Published 4-27-23
Plaintiff suffered a TBI after an unusual incident with a garbage truck -- $1,690,500 bench verdict far exceeds the $300,000 statutory cap
The plaintiff, a handyman making repairs, put a door at the curb of a customer for the garbage to pick up. The garbage truck did and as the compactor closed, the door was spit out and struck the plaintiff in the head. He's complained of a disabling TBI injury.
Plaintiff sued the City of Memphis and alleged negligence by the garbage men. Memphis denied the incident had even happened.
It was tried as a bench trial in January of 2023 and the plaintiff took damages of $1,690,500 as described below (a March 2023 order) and all reduced to the $300,000 statutory limit.
Details coming in the May 2023 edition.
John "Jack" Wade (McNabb Bragorgos Burgess & Sorin) Memphis for the plaintiff
Joseph Fletcher from the City Attorney's office defending
Judge Corbin-Johnson on the bench
The damages portion of the bench verdict
Published 4-24-23
Knoxville jury awards plaintiff with the aggravation of a disc injury medicals of $149,643 . . . but nothing for non-economic damages
Hard times have come to Knoxville. Plaintiff complained of the aggravation of a prior disc herniation after a teenager turned left in front of her. The jury found the tortfeasor solely at fault and awarded special damages of $167,166. The award for non-economic damages? Zip. Zero. Nada.
There was no post-trial challenge to the verdict. Verdict returned 3-1-23. Details coming in the May 2023 edition.
Tasha Blakney and Oilvia Freeman (Eldridge & Blakney) Knoxville for the plaintiff
James MacDonald (Dunn MacDonald & Reynolds) Knoxville
Judge Stevens called the balls and strikes.
The Jury Verdict form on damages
-
Published 1-27-2023
Defense Verdict in the Can-Am Spyder case in federal court in Nashville
The case we previewed 11 days ended up in a defense verdict. The verdict form is here.
Eddie Schmidt and Aldo Stolte for the plaintiff
Kevin Baltz and Kathryn Carrington (Butler Snow) for BPR
Judge William Campbell presiding
Full report coming in the February 2023 edition.
-
Published 1-26-23
The Year in Review (18th edition) has been published
Did you order the PDF? It's out and in your inbox. The book itself is off to the printer. This year's edition clocks in at 486 pages and includes an interesting new report summarizes, The Tort Reform Report. It looks at the effects of Tennessee's damage-limiting scheme in practice.
Order the TJVR 2022 Year in Review (link to the online store). Use code "TennesseeTort" to save 20% at check-out.
Here's a preview of that report as it appears in the book.
-
Published 1-21-2023
The plaintiff in a Gallatin Med Mal is a Gallatin gastroenterologist
A gastroenterologist, James Gillespie, alleged hospitalist and nurses mismanaged a blood pressure and coronary event (they gave the wrong drug which lowered his blood pressure) which in turn led to a devastating stroke. The defendants replied the stroke event was already underway and the die were already cast. The damages were enormous as the doctor's career was ended.
A Gallatin jury exonerated the nurses on liability. It found the doctor at fault but exonerated him on causation. [See the verdict form below.] The case is closed.
William Leader, Leader Law, Nashville for Gillespie
Dixie Cooper and James Sperring, Cumberland Litigation, Brentwood, defending
Judge Thompson tried it.
-
Published 1-16-2023
Products Liability trial underway in Nashville involving a BRP Can-Am Spyder
A products liability trial started last week in federal court in Nashville. Plaintiff was driving his BRP Can-Am Spyder (pictured) when he alleged the parking brake suddenly engaged without an input by him. This caused the Spyder to roll-over and the plaintiff suffered injuries. BPR replied that the parking brake has a fail-safe device -- it can't engage over 6.2 mph. It blamed the roll-over on the plaintiff's leather jacket being entangled in the rear wheel.
The case was still going today on Tuesday, January 16th. The plaintiff has rested his case. We'll follow for the result.
Eddie Schmidt and Aldo Stolte for the plaintiff
Kevin Baltz and Kathryn Carrington (Butler Snow) for BPR
Judge William Campbell presiding
-
Published 12-19-22
Orthodontic Med Med Mal in Gallatin
Taking a look to Gallatin today for an orthodontic med mal. Plaintiff, then 11, consulted with an orthodontist about how to proceed because she was missing two teeth. She had chipped one. Orthodontist recommended its removal which is done by a dentist.
Girl has complications related to the removal -- it worsens her overbite and she may need an implant. Her theory is orthodontist should have recommended a crown and the removal was unnecessary. Doctor denies fault.
Defense verdict. Full report coming in the January 2023 (20 TJVR 1) edition.
Richard Piliponis for the plaintiff. John Floyd, Jr. and John Floyd, Sr. defending.
Judge Thompson on the bench.
The 2022 Year in Review (18th edition) will be out in a few weeks. It was a tough year for Med Mal plaintiffs in Tennessee. The score on reported verdict was 0-10. Plaintiffs lost them all. That compares to Kentucky where plaintiffs won 12 of 29 cases. Details coming in the Year in Review.
Order the TJVR 2022 Year in Review (link to the online store)
Psst! Use Code "Holiday22" to save 20% at check-out.
Happy Holidays -- See you in 2023!
-
Published 12-12-22
Legal Malpractice Double Shock
There are not a lot of legal malpractice cases that get tried to a jury but we've recently reviewed two!
The first was from Nashville. Lawyer Patricia Kryder (she does tax work at King & Ballow) sued lawyer John Beam and alleged he botched the defense of a civil suit (it related to a contract) by failing to substitute a new party defendant after the defendant died, among other errors. This was linked to her then losing a counterclaim and having to pay substantial damages. A Nashville jury (Chancery Court) found Beam violated the standard of care and awarded Kryder damages of $299,291. Kryder moved for a new trial and argued her damages were inadequate as the damages were less than what she'd paid to resolve the other claim and included nothing for her incurred attorney fees. The motion was denied.
Kryder was represented by August Winter, Brentwood. Beam defended by Jeffrey Switzer of Evans Jones & Reynolds. Chancellor Martin tried it.The second case was down I-24 in Chattanooga. The Hawk Family (they owned Holiday Bowl) sold the company for $4.2 million after the family patriarch (Billy) died. Then through a broker they proposed a cash-for-cash deal. This was a sham deal by a fraudster. Hawk Family thought it would save taxes. They went to Chambliss Bohner & Stophel for an opinion on the deal. They were told it was legitimate transaction by the firm.
The IRS later came after them in 2009 for taxes on the sham deal. The Hawk Family fought this for years until finally in 2019 the 6th Circuit affirmed a Tax Court opinion against them. The family paid $4,000,000 to the IRS and spent millions over the years on attorney fees to fight the tax assessment.. They then sued the law firm and alleged they relied on the advice which was wrong which led to the long and tortured course. Law firm defended that the issue was unsettled at the time and only later became clear. The advice at the time then was correct.
A Chattanooga jury heard the case for six days and exonerated the law firm. Plaintiff's motion for a new trial was subsequently denied as the court ruled the jury decided the case after a "battle of the experts."
Michael Richardson (Richardson Law Firm) tried it.
Gregory Brown and Colleen Conboy (Lowe Yeager & Brown) defended Chambliss Bahner & Stophel.
Judge Robert E. Lee Davies tried it.
Reports coming in the Tennessee Jury Verdict Reporter.
-
Published 12-7-2022
Defense verdict in Clarksville in a birth injury med mal
An infant complained of a hypoxic birth injury and blamed her mother's Ob-Gyn for failing to recognize a uterine rupture complication and make the delivery sooner. Doctor defended the rupture was a sudden and unforeseeable event that occurred just before he delivered by c-section.
Defense verdict returned by a jury in Clarksville after a two-week trial.
Report coming in the Tennessee Jury Verdict Reporter.
Jeffrey Rosenblum and Matthew May (Rosenblum & Reisman) Memphis for the plaintiff
James E. Looper (pictured) Jennifer Harrison and Sarah Williams (Hall Booth Smith) defending
Judge Ted Crozier, Jr. called balls and strikes
-
Published 12-5-22
The December 2022 edition is almost done . . .
The December issue has been written and is editing. Coming soon to your mailbox.
Subscribe to the Tennessee Jury Verdict Reporter.
-
Published 12-4-22
Premises Liability verdict involving an incident at Ruby Falls
The plaintiff tripped near the end of the famed cavern attraction and suffered a broken shoulder. He blamed his fall on the narrow and poorly lit pathway in the cave, it being made worse because the tour was crowded. A Hamilton County jury rejected the case on liability. The plaintiff has since appealed.
Richard Schulman and Lance Pope (Patrick Beard Schulman & Jacoway) for the plaintiff
Gary Cooper (Spears Moore Rebman & Williams) defending
Judge Marie Williams tried it
-
Published 11-3-2022
Crashworthiness Products Liability Verdict against Kia last night in Laurel County, KY just a few miles north of the TN border on I-75
The plaintiff suffered severe facial injuries (broken jaw, nose and teeth) as well as fractures to her hand after a head-on collision. The purported cause of the injury was a too-forceful airbag deployment in the plaintiff's Kia automobile.
Plaintiff sued Kia in Laurel County and advanced a products case to trial. Kia defended that airbag system was state of the art and the facial injuries were caused not by the airbag but rather the plaintiff's hand itself which was on the steering wheel. The plaintiff also sued the other driver.
Thus at trial there were several issues, (1) Was the Kia defective?, (2) What damages had the airbag caused to her face? (those were attributable to Kia if "yes" to the first, and (3) What were the damages to her hand, those being attributable to other driver only? This created an interesting causation dichotomy in the instructions.
The jury found for the plaintiff on liability and found the facial damages were solely caused by the airbag. Those damages (against Kia only) were $1,211,197. The hand damages (against the other driver) were $355,671. The combined verdict was $1,566,869. See the verdict form below.
There have been two prior airbag deployment products verdicts in Kentucky. Both were defense verdicts, the first in 2000 involving a Toyota Corolla and a second in 2002 that concerned a Mercury sedan.John Blevins and Brandon Baird of Baird Blevins & Lowe, Corbin for the plaintiff joined by lawyers from the Lexington, MO firm, Langdon & Emison
Anne Guillory, Dinsmore, Louisville and Derek Whitefield (Los Angeles) and Michael Carey (Minneapolis), both of Dykema Gossett for Kia
Ashley Hoover (Taylor Keller & Oswald) London for the tortfeasor
Judge Caperton called balls and strikesThe verdict on damages
The plaintiff's 2016 Kia Sorrento
-
Published 10-31-22
Plaintiff suffered a brain injury when a ceiling tile at the Crowne Plaza Hotel in Knoxville fell on her in the grand ballroom - $600,000 verdict
The plaintiff attended an event at the Crowne Plaza Hotel in Knoxville and was in the grand ballroom. Suddenly a ceiling tile fell and struck her in the head. She has since complained of a mild traumatic brain injury. There was competing expert proof as to whether there was a brain injury at all.
The hotel admitted fault and the jury considered damages only. It awarded economic damages of $500,000 and $100,000 more for the non-economic variety for a total of $600,000. The plaintiff has since moved for a new trial challenging the award as inadequate.
Sadler Bailey, Thomas Greer and Josh Cannon, Bailey & Greer, Memphis for the plaintiff
James Embrey, Jr. and Tanner Yancey, Hall Booth Smith, Nashville defending
Judge Jerome Melson was on the bench
Full report coming in the November 2022 edition
The verdict below . . .
The grand ballroom at the hotel
-
Published 10-31-22
$6,000 "Regarded As" disability discrimination verdict in Nashville federal court-- Punitive damages rejected
A laundry technician at a skilled nursing facility alleged she was fired because her boss "regarded" her as disabled when she sought intermittent leave for anxiety. The boss had asked her for a doctor's note and then alleged the plaintiff faked the doctor's note.
The plaintiff thought the "faked note" was made up. The defendant could not produce the note -- it was lost.
The trial judge initially granted summary judgment based on the boss's version of events. The Sixth Circuit reversed.
The case was tried for five days in federal court in Nashville. The trial ended on 10-25-22. The plaintiff prevailed and took $6,000 in compensatory damages for emotional distress, backpay being stipulated at $4,715. The jury rejected an award of punitive damages. Case proceeded as the EEOC on behalf of the plaintiff, Carma Kean.
Report coming in the November edition.
Amy Black and Jesse Isenhart from the EEOC for the plaintiff
Stephen Elliott and Fetlework Balite-Panelo (Howell & Fisher) defending
Judge William Campbell tried it.
-
10-25-22
Retaliatory Discharge Verdict in Federal Court (Knoxville)
The plaintiff, a youth care specialist at a home for at-risk youth alleged she was terminated for her internal reports (to company bigwigs) and external reports (to state officials) of misconduct involving children including neglect and inappropriate sexual conduct. Her employer denied any retaliation and noted the state was already investigating her complaints.
The case was tried for four days in Knoxville in federal court. A defense verdict was returned. Report coming in the November edition.
Case Documents:
Katrina Young and Link Gibbons for the plaintiff
Brandon Morrow (pictured) and Nathaniel Moore, Kramer Rayson, Knoxville defending
Judge Thomas Varlan called the balls and strikes.
-
10-25-22
Shelby County Auto Negligence Verdict -- 9-20-22 - $6,721 For Plaintiff
The plaintiff complained of soft-tissue symptosm after a minor rear-ender in Shelby County that resulted in almost no visible vehicle damage. There was no injury at the scene. The plaintiff later treated for soft-tissue symptoms. Her medical bills were $6,721. The defense contested the case on causation.
The jury returned a verdict for the plaintiff in the sum of $7,984. That represented the medicals plus $262 in lost wages. Pain and suffering was $1,000.
Derek Fairchilds (Nahon Saharovich & Trotz) for the plaintiff
Nick Owens, Jr. defending.
Felicia Corbin-Johnson on the bench.
-
Published 10-10-22
The October Preview has been published
The October issue is in editing but it's mostly finished. Here's what it looks like:
October 2022 (19 TJVR 10)
-
Published 10-6-22
Employee alleged Associational Retaliation after he was fired for complaining his son (also an employee) was being sexually harassed
The plaintiff worked on a large construction project for a Louisiana based contractor. His son worked on the project too. After the son was sexually harassed by another supervisor (gay slurs and offensive conduct), the father complained. The father was fired immediately after he complained and then pursued this interesting "associational retaliation" claim against the employer. A defense verdict was returned on 9-29-22.
Charles Barnett from Jackson tried it.
Christine Keenan (The Kullman Firm in Louisiana) tried it with Erin Palmer (K&L Gates, Nashville)
Judge Crenshaw on the bench in Nashville
-
Published 10-2-22
Did a rear-ender cause a labral tear in the plaintiff's shoulder?
The plaintiff complained of a shoulder injury (a labral tear) after a rear-ender. She underwent a difficult surgery and a painful recovery. The defendant countered the plaintiff had treated for similar injuries several years before and his expert (Dr. Todd Griffith, Orthopedics) looked at pre- and post-MRIs and concluded there was no new injury.
on 9-14-22, a Knox County jury awarded the plaintiff lost wages of $1,500 and $6,000 more for her pain and suffering for a total of $7,500. The medical bills, not sought, were $34,000, so presumably the jury rejected the plaintiff's causation theory.
Steven Terry from Morristown for the plaintiff
Terrill Adkins (Trammell Adkins & Ward), Knoxville, defending
Judge Melson called the balls and strikes.
-
Published 10-1-22
An employee of a Harley-Davidson dealership in Knoxville alleged she was harassed by its owner
$4,172,132 Verdict in Knox Chancery Court
A female employee of a motorcycle dealership alleged she was sexually harassed by the owner which included sexual remarks, leering, touchings and invitation for an overnight trip in a quid pro quo for advancement with the company – a Knoxville jury found for the plaintiff on all counts and imposed punitive damages of $4,000,000 that were later reduced to $1.2 million to account for Tennessee’s tort reform scheme
Case Documents:
Verdict Report (Full report)
Jason Lee, Burrow Lee, Nashville for the plaintiff
Melissa Carrasco and Penny Arning (Egerton McAfee) defending
John Weaver on the bench
Jason Lee (pictured)
-
10-1-22
Have you tried a case lately? Let us know about it. We're working the courthouses and riding the rails . . .
You don't have to use the form -- just generate a narrative and email us at info@juryverdicts.net. We will follow it up.
ph: 1-866-228-2447
info