Professional Documents
Culture Documents
April 6, 2015
Vol. 18, No. 14
2015 TAM CLE CALENDAR
Webinars
Jury Selection in Tennessee: Starting the Trial on the Right Path,
60-minute audio conference by Bryan Moseley, with Moseley &
Moseley in Murfreesboro, on Wednesday, April 22, at 2 p.m. (Central), 3
p.m. (Eastern). *Earn 1 hour of GENERAL credit
Identity Theft: How to Use the FCRA, FDCPA, and TCPA to Help
Your Client and Yourself, 60-minute webinar presented by John
Watts, with Watts & Herring in Birmingham, on Thursday, April 23, at 2
p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Health-Related Boards in Tennessee: Defending Professionals in
Disciplinary Proceedings, 60-minute webinar presented by Garrett
Asher, with Parker, Lawrence, Cantrell & Smith in Nashville, on
Wednesday, April 29, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Tennessee Appellate Practice Basics: Top 10 Ways to Lose Your
Appeal, 60-minute webinar presented by Elizabeth Sitgreaves, with
Dodson, Parker, Behm & Capparella in Nashville, on Thursday, May 7, at
10 a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Enhancing Your Trial Skills: Applying Rules of Discovery and
Evidence, 60-minute webinar presented by Stephen Gillman, with
Priest, Harber, Floyd & Coffey in Knoxville, on Wednesday, May 13, at 2
p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
On-Site Events
SUPREME COURT
CRIMINAL LAW: Evidence was sufficient to convict defendant of
aggravated sexual battery when, even if trustworthiness test applies, record
contains substantial independent evidence corroborating defendants
extrajudicial statement and tending to show that statement is trustworthy;
because trial courts failure to follow relevant jury selection procedures in
TRCrP 24(d) resulted in prejudice to judicial process, defendants
conviction is vacated, and case is remanded for new trial; by commingling
all 23 prospective jurors from two voir dire sessions and by randomly
selecting 10 jurors to excuse from service, trial court essentially removed
from parties any ability to exercise peremptory challenges intelligently.
State v. Frausto, 4/1/15, Knoxville, Clark, unanimous, 19 pages.
http://www.tncourts.gov/sites/default/files/fraustod_opn.pdf
COURT OF APPEALS
TORTS: As matter of law, in personal injury cases, trial court should first
reduce jurys award of non-economic damages by percentage of
comparative fault, and then, if adjusted award is still above statutory cap,
court should reduce award further to comport with cap; in case in which
Mr. Sadowski, 90-year-old driver, and Mrs. Sadowski, 82-year-old
passenger, were injured when their vehicle and vehicle driven by defendant
collided, Mrs. Sadowski died two months later from her injuries, jury
awarded Mr. Sadowski $1,050,000 in non-economic damages and
$325,746 in economic damages, jury assessed 15% fault to Mr. Sadowski,
trial court reduced these amounts by 15% and then applied $750,000
TORTS: Trial court properly dismissed with prejudice health care liability
action based on plaintiffs failure to file certificate of good faith; plaintiffs
argued that because they filed something from their expert rather than
certificate of good faith of plaintiffs or plaintiffs counsel, they overcomplied by providing more information than statute requires and,
because of this, their lack of compliance with mandatory language in TCA
29-26-122 should be excused, but filing of certificate of good faith is
mandatory; as plaintiffs failed to file certificate of good faith, fact they
filed something else that provided other, or more, information is
immaterial. Dennis v. Smith, 3/31/15, ES, Swiney, 6 pages.
http://www.tncourts.gov/sites/default/files/dennislopn.pdf
Davidson County under Governmental Tort Liability Act, trial court granted
summary judgment on issue of liability upon findings that established
procedure existed for lifting of patients in wheelchair, that paramedic
violated established procedure, that violation caused plaintiffs injuries, and
that plaintiff was not comparatively at fault, and trial court awarded plaintiff
$300,000 in damages, trial court properly found that paramedic was 100% at
fault for injuries sustained by plaintiff, and hence, as paramedics employer,
Metro is liable for injuries sustained by plaintiff. Bloomfield v. Metropolitan
Government of Nashville, 3/26/15, MS, Clement, 9 pages.
http://www.tncourts.gov/sites/default/files/bloomfieldk_opn.pdf
PROPERTY: Restrictive covenants can lose their force when they fail to
serve useful purpose and may be rendered unenforceable if radical changes
in character of entire neighborhood completely defeat purpose of covenant;
when determining whether restrictive covenant continues to serve any
useful purpose, courts must be concerned primarily with continuing value
of restrictive covenant to entire neighborhood, not hardship to parties
attempting to avoid restrictive covenant. Harris v. Aldmon, 3/30/15, ES,
Susano, Swiney not participating, 30 pages.
http://www.tncourts.gov/sites/default/files/harris_v._aldmon.pdf
FAMILY LAW: In divorce case, trial court did not abuse discretion in
attributing $500 per month to fathers income for his amateur bowling
earnings when father spent substantial amount of time and money on
bowling and referred to bowling as second job, and thus, father was
involved in income-producing endeavor, not merely hobby. Hayes v.
Hayes, 3/26/15, WS at Nashville, Stafford, 17 pages.
http://www.tncourts.gov/sites/default/files/hayesjeopn.pdf
amended complaint on 12/20/13 alleging that St. Jude Medical was liable
under doctrine of respondeat superior, summary judgment based on statute
of limitation in favor of St. Jude Medical is reversed; in light of limited
record, it cannot be said that only inference to be drawn from undisputed
facts is that plaintiffs had inquiry notice that Hauck was acting within
course and scope of his employment with St. Jude Medical before they
received his delayed responses to their first set of interrogatories on
12/4/13. Smith v. Hauck, 3/25/15, WS at Nashville, Goldin, 15 pages.
http://www.tncourts.gov/sites/default/files/smithsharon.opn_.pdf
murder conviction is reversed, and case is remanded for new trial. State v.
Williams, 3/27/15, Jackson, Ogle, 27 pages.
http://www.tncourts.gov/sites/default/files/williamsericopn.pdf
force trauma combined with sharp force injuries but did not reveal any
forensic evidence tying particular suspect to murder. State v. Washington,
3/31/15, Nashville, Ogle, concurrence by Woodall, 18 pages.
http://www.tncourts.gov/sites/default/files/washingtonjamesrevised.pdf
If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond
to this e-mail or call us at (615) 661-0248 in order to request a copy.
You may also view and download the full text of any state appellate
court decision by accessing the states web site by clicking here:
http://www.tncourts.gov