Tort and Insurance Law Section

This section provides a venue for attorneys to share views and to develop relationships with colleagues in this area of practice. The section offers CLE on issues impacting both tort and insurance law and sends out case updates to its members.

Chair
Henry D. Fincher, Attorney at Law
305 E. Spring Street
Cookeville, TN 38501
(931)528-4000
Vice-Chair
White & Rhodes, PC
750 Old Hickory Blvd, Suite 2-230
Brentwood, TN 37027
(615)309-0400

Tennessee Oncology Files Lawsuit Over Cancer Drug

Nashville-based Tennessee Oncology is suing Genentech for false representation in the packaging of its cancer drug Herceptin, The Tennessean reports. Tennessee Oncology, represented by Bass Berry & Sims, claims the label on the drug misrepresents the amount of product after following the approved preparation instructions for the freeze-dried powder. Similar lawsuits are pending in six other states.

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Middle Section Affirms Dismissal of Suit by Patient, Exploring Duty and the Dead Man Statute in the Process

KRYSTAL CHOATE EX REL. CLAYTON C. V. VANDERBILT UNIVERSITY
Court: TN Court of Appeals

Attorneys:

Larry D. Ashworth and Chelsea B. Ashworth, Nashville, Tennessee, for the appellant, Krystal Choate.

Steven E. Anderson, Sara F. Reynolds, and Sean C. Wlodarczyk, Nashville, Tennessee, for the appellee, Vanderbilt University.

Judge: MCBRAYER

A patient suffered a blunt-force trauma head injury when he fell while attempting to mount a wheelchair accessible scale at a dialysis clinic. Complications from this injury led to his death. Plaintiff, the patient’s former spouse, brought two wrongful death actions on behalf of the patient’s minor child. Each action eventually named as defendants the dialysis clinic and the owner of the property where the dialysis clinic was located. After the trial court consolidated the actions, the property owner filed a motion for summary judgment. The court granted the motion, concluding the property owner had no liability under any legal theory asserted by Plaintiff. We affirm the dismissal of the claims against the property owner.

.PDF Version of Case

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