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 strikes

The 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:

The Pretrial Order

The Jury Verdict

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. 

Pretrial Order

Jury Verdict

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.

Jury Verdict

Final Judgment

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:

Jury Verdict

Final Judgment

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.