A quick look at verdicts, trial news or other stories of interest to Tennessee litigators.

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Published 10-31-24

In a federal Med Mal in Greenville, primary defendant in an Ob-Gyn (bad baby case) was found at fault but exonerated on causation

In this case two Ob-Gyns were blamed for mismanaging a mother's pre-eclampsia at a pre-natal visit (35.2 weeks on) which in turn was linked to a severe hypoxic event and a permanent birth injury. The plaintiff is a spastic quadriplegic with cerebal palsy. The girl's life care plan is estimated at $11.2 million.

The doctors denied the presentation was consistent with pre-eclampsia at the office visit and also linked the poor outcome to both a genetic defect and the mother's delay in returning to the hospital when there was no fetal movement. 

The jury exonerated one doctor (Akin) on liability, but found a second (Russell -- he saw the mother last) violated the standard of care. However the jury further found that error was not a "cause-in-fact" of the plaintiff's injuries and it was a complete defense verdict. Case concluded 10-25-24.

Full report coming in the November 2024 edition.

Olen G. Haynes, Jr. and Olen Haynes for the plaintiff

C.J. Gideon, Blake Carter and Natalie Gideon (Gideon Essary Tardio & Carter) defending

Judge Cynthia Wyrick (Magistrate) presiding

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Published 10-10-24

Sumner County jury found a nursing home at fault for an early pandemic Covid-19 death, but exonerated the nursing home on causation

The elderly plaintiff died at the beginning of the Covid-19 pandemic at a Gallatin nursing home. Her estate alleged the nursing home botched its Covid response (25 residents died including the plaintiff) by failing to protect her from the virus. The nursing home replied that it was at the very beginning of the pandemic and much was unknown, and finally that it did all it could at the time.

The jury found the nursing home violated the standard of care (a 7-30-24 verdict) but rejected the case on causation. The plaintiff moved for a new trial (link to the motion), the defendant replied (link to defense reply) and with no real explanation the presiding Joe Thompson granted the motion. A new trial date has not yet been scheduled.

Full report (all the facts, motions and experts) in the October 2024 edition of the Tennessee Jury Verdict Reporter.

F. Dulin Kelly and Clinton L. Kelly, The Kelly Firm, Hendersonville for the plaintiff
Howard B. Hayden (pictured) and Lena Morgan, Quintairos Prieto Wood & Boyer, Nashville and Andrew Sheeley, Sheeley, LLP, New York, NY defending

The verdict form

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Published 9-20-24

$13,987,984 General Negligence Verdict in Memphis -- Plaintiff a quadriplegic after a fall from a ladder on a residential construction project

A handyman (age 61) of sorts constructing a storage shed for an oral surgeon (the handyman had done all kinds of repair jobs for the oral surgeon for 20-plus years) suffered catastrophic injuries (he is an incomplete quadriplegic who will require 24-7 care) when an extension ladder partially collapsed and he fell 16 feet. The plaintiff alleged both that the ladder was in poorly maintained and had been improperly set up by the oral surgeon.

The surgeon denied any notice of the defect or that he had an expertise in constructing the shed. He also suggested the plaintiff simply took a misstep.

A Memphis jury deliberated five hours on Tuesday night and split the fault 78% to the surgeon, the remainder to the plaintiff. The fault assessment seems consistent with a quotient verdict but there is no evidence of it in the record.

Plaintiff took medicals of $1.53 million and $4.827,974 for his future care. The economic damages were $6,357,974. He also took $7.5 million in non-economic damages for a total raw verdict of $13,857,974. After a reduction for the 22% comparative and a second reduction of the non-economic damages to $1,000,000 to comply with Tennessee's tort scheme, the final judgment is expected to be $5,959,219, the tort scheme saving the defendant $4.85 million

Rocky Wilkins, Jackson, MS and Elaine Sheng and Ryan K. Skertich, Memphis, all of Morgan & Morgan for the plaintiff
Kevin D. Bernstein and Jon W. Tidwell, Spicer Rudstrom, Memphis

Judge Cedrick Wooten presided.

Full report coming in the October 2024 edition of the Tennessee Jury Verdict Reporter, 21 TJVR 11.

An image depicting the scene and the ladder where the plaintiff fell

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Published 9-13-24

$190,980 Auto Negligence in Chattanooga for an eggshell plaintiff that was injured in a significant rear-ender

The plaintiff suffered a multi-level disc injury (her spine was later fused from T4 to the sacrum) after a significant rear-ender – the plaintiff took non-economic damages of $150,000 which were 3.66 times the medical bills. The verdict totaled $190,980. However while the plaintiff took medicals of $40,980, it was far less than the incurred medicals of $587,344. The verdict was returned on 7-18-24.

Full report in the September 2024 edition of the Tennessee Jury Verdict Reporter (21 TJVR 9).

The plaintiff's vehicle reflecting the significant damage

Robert P. Gritton, Gritton & Gritton, Murfreesboro and Kyle Peiter, Goodlettsville for the plaintiff
Allen Callison, MGC Law, Brentwood defending

Judge Kyle Hedrick presided.

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Published 8-22-24

Polaris (Razor ROV) roll-over jury verdict in Knoxville this week after six days of trial in federal court

Plaintiff, age 27 and an electrician, suffered an amputated arm in a roll-over incident involving a Polaris Razor ROV vehicle when his driver performed a donut. Plaintiff alleges the vehicle should have had protection for this foreseeable result. Tyler Kress was the key expert for the plaintiffs and opined the vehicle needed passive passenger protection as the risk of an amputation event in a roll-over (these vehicles are more prone to roll) is high and this hazard is not readily perceivable by a novice user.

Polaris denied a defect and cited that plaintiff's driver was at fault  and also that the Razor had been modified. There was  evidence as well (the plaintiff denied it) that the plaintiff was drinking and had recently enjoyed a half-pint or more of Jack Daniel's Fire, all of which affected his judgment and reaction during the roll-over. Polaris relied on several experts including Todd Hoover, Accident Reconstruction, Gary Rogers, Design, and Manuel Arroyo, Human Factors.

It was a defense verdict on all counts for Polaris in Knoxville after six days of trial and 70 minutes of deliberations. The plaintiff had advanced design defect, breach of warranty and negligent misrepresentation counts to the jury.

The Razor vehicle (2019 Model RZR 100) is pictured below.

Dan Stanley and Eric Foust from Knoxville tried the case for the plaintiff

Eric Todd Presnell (pictured), Brandon Bundren and Casey Miller (Bradley Arant  from Nashville) defending Polaris

Link to The Pretrial Order

The Verdict Form

Use code "TennesseeAugust" to save 20% on anything (renew your subscription, buy a book, whatever) through the end of the month in the online store.

Full report coming in the September 2024 edition of the Tennessee Jury Verdict Reporter, 21 TJVR 9.

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Published 7-8-24

$46.9 million Nashville med mal (birth injury) report coming in the July 2024 edition out later this week

The verdict was returned on 4-26-24 (after a three-week trial) but in July there is still no final judgment. We'll have our full report in the July 2024 edition (21 TJVR 7) which is out later this week. Read the heading summary below.

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Medical Negligence - The plaintiff (now a five year old girl) blamed a hypoxic birth injury on error by hospital nurses in failing to appreciate fetal distress during labor and delivery and advise the delivering Ob-Gyn in a timely fashion – a Nashville jury awarded nearly $47,000,000 in damages (including $20.923 million of the non-economic variety) while finding the nurses 75% at fault and assessing the remaining 25% to the since-settled Ob-Gyn, Dr. Sa Car Shaw
Boughton v. St. Thomas Mid-Town Hospital, 19-2245
Plaintiff:  Charles I. Malone, Lauren Patton, Joseph F. Welborn, III and Emma R. Wolf, K&L Gates, Nashville
Defense:  James E. Looper, Jr. and Bryant C. Witt, Hall Booth Smith, Nashville
Verdict:    $46,993,500 for plaintiff assessed 75% to St. Thomas Midtown Nurses
Court:        Davidson Circuit Court
Judge:         Thomas W. Brothers
Date:           4-26-24

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Published 6-19-24

Med Mal defense verdict in Franklin -- Plaintiff alleged injury from varicose vein treatment mishap

The plaintiff was injected with a "sclerosing" solution to treat varicose veins by a nurse working for a vein clinic. It was alleged the solution leaked into her leg (and from a vein) which led to a painful lower leg ulcer that required multiple skin graft surgeries to repair.

Plaintiff sued the doctor supervising the doctor and advanced a single vicarious liability claim to trial that the nurse had failed to obtain informed consent. The plaintiff asserted she told the nurse she didn't want the injection near her feet where her shoes would rub. The defense disputed this.

The case was tried for four days and a Franklin jury returned a defense verdict on 6-6-24. A consistent judgment was entered.

Report coming in the July 2024 edition (21 TJVR 7).

Richard D. Piliponis and Hannah Garrett, The Higgins Firm, Nashville for the plaintiff
J. Eric Miles and Linda Nathenson, North Pursell & Ramos, Nashville

Judge Woodruff presided in Franklin

The Court's Final Judgment

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Published 5-23-24

$300,000 UM verdict this week in Memphis -- Plaintiff suffered broken ankle in a head-on collision

The plaintiff suffered a broken ankle (it didn't heal well) and she has permanent arthritis when struck head-on by an uninsured driver. It was a hard hit.

The plaintiff sued her insurer (Tennessee Farmers) and sought her $100,000 policy limits. The insurer diminished the damages and noted the plaintiff didn't immediately have ankle pain and also had a myriad of other health problems that could have contributed to her lack of mobility.

The case was tried in Memphis before Judge Felicia Corbin Johnson. The plaintiff took an award of $300,000 including $278,806 which represented a 13.5 ratio to the medical bills. The verdict also tripled the policy limits.

Report coming in the June 2024 edition (21 TJVR 6).

Derek O. Fairchilds, Nahon Saharovich & Trotz, Memphis for the plaintiff
Nicholas Owens, Owens Law Firm, Memphis defending

The Verdict Form

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Published 5-20-24

$225,000 Age/Gender Discrimination Verdict in Nashville

The plaintiff,  a woman 64 years old and longtime Nashville fire department employee, was not promoted from Deputy Fire Marshal to Fire Marshal when the position became open. A younger male was selected. She complained and the Fire Chief told her they needed someone who would be in the job for 4 to 6 years. The plaintiff taped the meeting.

The plaintiff sued in federal court (Nashville) and alleged age and gender discrimination in the failure to promote. She still works for the fire department.

Plaintiff prevailed at trial and took damages of $225,000. On the day of the verdict the court entered a Show Cause Order for the plaintiff's lawyer, that lawyer having posted a picture on Facebook of the scales of justice in an empty courtroom. The trial judge apparently believes this is a violation of the local rules.

The lawyer (Robert Bigelow) replied that the courtroom was empty but in any event he was sorry and he won't do it again.

The show cause hearing is set for this week.

Full report coming in the June 2024 edition.

Show Cause Order

Plaintiff Response to the Show Cause Order

Robert C. Bigelow, Bigelow Law, Nashville for the plaintiff
J. Brook Fox and Benjamin A. Puckett, Metropolitan Legal Department, Nashville defending
William L. Campbell, Jr. presiding

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Published 5-18-24

$46,993,500 Med Mal Birth Injury Verdict in Nashville

Wow! There was a monster med mal in Nashville involving a birth injury. We'll have full details in the June 2024 edition, 21 TJVR 6.

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Published 5-9-24

$31,894,263 trucking verdict in Nashville last night includes $30,000,000 in punitive damages

The plaintiff, a working single mother of three, was struck by a cement truck driver who ran a stop sign. It was a hard hit as depicted below and she's since treated for a sprained ankle, chipped tooth and a low-back disc injury and related myofascial pain. Her course of care included two trigger point injections.

Plaintiff sued the trucking firm and sought compensatory damages. She also sought punitive damages predicated on the driver's poor driving record, the notion being he never should have been on the road at all.

Last night as storms struck Tennessee, a Nashville jury awarded the plaintiff a total of $31,894,263. That included her medical bills of $69,263 and $1.825 million more in non-economic damages. In a second mini-phase the plaintiff was awarded $30,000,000 in punitive damages.

Full report coming in the June 2024 edition (21 TJVR 6).

Burke Keaty, Susan Neal Wiley and Kelli Lester, Morgan & Morgan for the plaintiff

Kelly Conley (In-house for Travelers) and W. Miles Martindale (McAngus Goudelock & Courie) defending

Judge Lynne T. Ingram called balls and strikes

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Published 4-1-24

April 2024 edition (21 TJVR 4) is out this week -- Issue Preview

Tennessee April 2024 preview

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Published 3-26-24

Plaintiff (at 144 mph) crashed into a trucker who did a sudden u-turn and was killed instantly

$4.5 million verdict for estate less 35% comparative fault in federal court in Memphis

Plaintiff, age 25 and just off work at Federal Express, was driving 144 mph near the airport in modified Dodge Challenger Hellcat. A trucker in front of him suddenly executed a u-turn and fully blocked the road. The plaintiff hit the brakes, slowed to 110 mph and then skidded 600 feet into the trailer. He died instantly.

The estate alleged negligence by the trucker in blocking the road. The defense was simple enough -- the plaintiff was driving 144 mph!

A Memphis jury found the trucker 65% at fault and assessed the remaining 35% to the plaintiff. The only damages were lost earning capacity which was valued at $4.5 million. The final judgment less comparative fault was for $2.925 million. Post-trial motions are expected.

Marc Boutwell and Charles Edwards, Law Offices of Marc Boutwell, Lexington, MS and William F. Burns, Watson Burns, Germantown for plaintiff
Stephen W. Vescovo and Patrick S. Quinn, Lewis Thomason, Memphis defending

Report coming in the April edition (21 TJVR 4) of the Tennessee Jury Verdict Reporter

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Published 3-11-24

$703,105 Auto Negligence Verdict in Nashville

Trial Judge left off a line for Lost Earning Capacity on the verdict form and the jury added it in during deliberations upon the judge's instruction

The plaintiff, a handyman, complained of a neck injury which has limited his career. He still works but does so more slowly.

As the jury deliberated it asked the court why there is no line for "lost earnings" on the verdict form. Judge McClendon told the jury to add it in on their own and they did so as exhibited below on the verdict form.

The verdict for the plaintiff totaled $703,105 and included $325,000 for lost earnings.

The defendant has moved for a new trial and challenged changing the verdict form during deliberations among other things. The motion is pending.

Defense New Trial Motion

Plaintiff:   J. Thomas Mihalczo, III and Brandon E. Bass, Law Offices of John Day, Brentwood
Defense:  Britton J. Allan and Hayley E. Vos, Ortale Kelley Law Firm, Nashville
Judge:       Amanda McClendon

Full Report in the March 2024 edition of the Tennessee Jury Verdict Reporter.

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Published 2-19-24

$264,000 UM verdict in Clarksville -- crash aggravated pre-existing fibromyalgia

The plaintiff complained of the aggravation of long-standing fibromyalgia after a right-of-way crash with an uninsured driver. The plaintiff sued her insurer (State Farm) and sought damages. She prevailed and took $264,000.  That included medicals of $50,000 and $21,000 for in the future. Her non-economic damages were $188,000. A consistent judgment was entered and State Farm paid.

Full report in the February 2024 edition of the Tennessee Jury Verdict Reporter, 21 TJVR 2.

Jonathan Williams (pictured), Larry Williams, PLLC, Nashville for the plaintiff

Gary M. Kellar, Kellar Johnson & Payne, Nashville defending

Judge Adrienne Fry on the bench in Clarksville

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Published 2-6-24

$6,000,000 Civil Rights Verdict against Campbell County -- Jailers brutally beat a handcuffed man (on tape) in the jail's intake room

The plaintiff was arrested after fleeing police in Campbell County and was taken to jail. While he was handcuffed in the intake room at the jail, he was brutally attacked by his jailers. He suffered multiple facial fractures, a TBI, a broken arm and a collapsed lung. It was all on videotape.

Plaintiff alleged Campbell County was deliberate indifferent by failing to train its jailers to intervene to protect inmates from jailer abuse. There was essentially no training at all.

A Knoxville jury found for the plaintiff last week and made a general award of $6,000,000.

Report coming in the February 2024 edition out next week.

Tony Seaton and Thomas J. Smith, Garza Law Firm, Johnson City for the plaintiff
Arthur F. Knight, III, Taylor & Knight, Knoxville defending the government

Judge Atchley called balls and strikes

The Verdict Form

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Published 1-25-24

The plaintiff tripped at work at Taco Bell on a drain and suffered a Jones foot fracture -- she blamed an HVAC repair that had cleaned the drain a month before

$342,983 verdict for the plaintiff in Maury County

The plaintiff was opening a Taco Bell in Columbia when she tripped on a drain that had not been secured a month before by an HVAC company. She suffered a "Jones" fracture to her foot and underwent two surgeries.

Plaintiff prevailed on an negligence theory against the HVAC company and took $342,983 in damages including $300,000 for non-economic damages.

Subscribe to the Tennessee Jury Verdict Reporter for all the details coming in the February 2024 edition.

Carrie LaBrec, Jenney Keaty and Lindsay Cordes, Morgan & Morgan, Nashville for the plaintiff
Britton J. Allan, Ortale Kelley, Nashville defending
Judge Caleb Bayless on the bench in Maury County
 

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Published 12-11-23

The December 2023 edition has been published - 20 TJVR 12

The final edition of 2023 has been published. There are some interesting verdicts including leading off with a fatal med mal from Jackson.

Here is a link to the preview:

December 2023 Preview

The 2023 Year in Review is coming in January. The 19th edition!
Pre-Order the 2023 Year in Review

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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

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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

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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 . . .

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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

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Published 10-17-23

Big Med Mal -- Details coming tomorrow -- $7,004,835

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Published 10-5-23

The October 2023 Tennessee preview (20 TJVR 10) has been published -- full issue out later this week

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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

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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.

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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.

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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

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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

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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.

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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)

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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.

June 2023 Preview

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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.

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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.

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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

The Jury Verdict

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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)

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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

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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

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