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
Liberty Mutual Group Inc.
Gateway Plz 1 5409 Maryland Way #212
Brentwood, TN 37027
(615)986-7700
Immediate Past Chair
Farmers Insurance Exchange and...
6 Cadillac Dr., Suite 260
Brentwood, TN 37027
(615)370-7002

Western Section Reverses Rule 12 Dismissal Under GTLA Following Suicide of Unstable Inmate

ANTHONY HOLDER, ET AL. V. SHELBY COUNTY, TENNESSEE
Court: TN Court of Appeals

Attorneys:

Robert L. J. Spence, Jr., and Bryan M. Meredith, Memphis, Tennessee, for the appellant, Anthony Holder, Individually and as next of kin of Decardis Holder, deceased.

Jean E. Markowitz and David E. McKinney, Memphis, Tennessee, for the appellee, Shelby County, Tennessee.

Judge: STAFFORD

Appellant father filed a complaint for damages against the defendant county, alleging that the negligence of a county employee caused the death of his son. The county filed a motion to dismiss the complaint based upon sovereign immunity. The trial court granted the motion to dismiss, concluding that the county employee‘s actions constituted intentional torts for which immunity was not removed, and that the employee‘s actions were outside the scope of his employment. We reverse and remand.

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Fairy Berry Very Merry After Western Section Affirms High GTLA judgment

FAIRY BERRY v. CITY OF MEMPHIS
Court: TN Court of Appeals

Attorneys:

Roane Waring, III, Memphis, Tennessee, for the appellant, City of Memphis.

James M. Gulley and Daniel F.B. Peel, Memphis, Tennessee, for the appellee, Fairy Berry.

Judge: STAFFORD

This appeal arises from the trial court’s award of damages stemming from an automobile accident. In 2003, plaintiff was injured when her vehicle was struck by a Memphis Police Department officer’s car in an intersection. After a non-jury trial, the trial court awarded plaintiff damages for pain and suffering and loss of enjoyment of life. The City of Memphis appeals these damages, arguing (1) plaintiff’s expert non-treating physician was not qualified to opine as to emergency room treatment or costs; (2) plaintiff should not recover for her failure to mitigate her damages by exacerbating her injury; and (3) plaintiff’s testimony wherein she explains her ongoing pain did not warrant the amount of damages she was awarded. Discerning no error, we affirm.

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