Chapter 1: Abuse of Process

§1.1 Generally

Chapter 2: Alienation of Affections

§2.1 Generally

Chapter 3: Animal Control Officer’s Rule

§3.1 Generally

Chapter 4: Animals

§4.1 Generally

Chapter 5: Assault and Battery

§5.1 Assault – Generally

§5.2 Battery – Generally

§5.3 Defense – Consent

§5.4 Defense – Defense of Property

§5.5 Defense – Provocation

§5.6 Defense – Self-Defense

Chapter 6: Assumption of Risk

§6.1 Generally

§6.2 Contractual Waiver of Liability

Chapter 7: Attorney’s Fees

§7.1 Fees Charged to Minors

Chapter 8: Attorney’s Lien

§8.1 Generally

Chapter 9: Bad Faith Failure of Insurer to Pay First Party Claim

§9.1 Generally

Chapter 10: Bad Faith Failure to Settle (Common Law Claim)

§10.1 Generally

Chapter 11: Breach of Promise to Marry

§11.1 Generally

Chapter 12: Causation

§12.1 Generally

§12.2 Cause in Fact vs. Proximate Cause

§12.3 Intervening and Superseding Causes

§12.4 Level of Proof Necessary (More Probable Than Not)

§12.5 Suicide Cases

Chapter 13: Charitable Immunity

§13.1 Generally

Chapter 14: Comparative Fault

§14.1 Abolition of Joint and Several Liability as General Rule

§14.2 Addition of Defendants After Expiration of Statute of Limitations (Tenn. Code Ann.

§ 20-1-119)

§14.3 Allocation of Fault to One Protected by Governmental Immunity

§14.4 Allocation of Fault to One Protected by Statute of Repose

§14.5 Allocation of Fault to One Whose Conduct Cannot Be the Legal Cause of an Injury

§14.6 Allocation of Fault to a Product

§14.7 Allocation of Fault to an Unknown Party Generally

§14.8 Allocation of Fault to an Unknown Party in a Motor Vehicle Case

§14.9 Applicability to Breach of Implied Warranty Cases

§14.10 Applicability to Fraud

§14.11 Applicability to Nuisance

§14.12 Bifurcated Fault Allocations

§14.13 Duty of Defendant to Allege Causative Acts or Omissions of Another

§14.14 Effect of Concerted Action

§14.15 Effect of Co-Tortfeasor Committing Intentional Wrong

§14.16 Effect of Injured Plaintiff’s Fault on Recoverability in Loss of Consortium Claimant’s Action

§14.17 Effect on Tenn. Code Ann.

§ 56-7-1201(UM Claim)

§14.18 Factors Considered in Fault Allocations

§14.19 Fault of Plaintiff’s Employer or Co-Employee

§14.20 Fifty Percent Rule

§14.21 Financial Impact of Settlement With One of Multiple Tortfeasors

§14.22 Indemnity

§14.23 Modification by Trial Judge of Fault Percentages Assigned by Jury

§14.24 Negligent Entrustment

§14.25 Several Liability as a General Rule

§14.26 Strict Liability Cases

§14.27 Tortfeasors in a Single Event May be Tried Separately

§14.28 Vicarious Liability After Comparative Fault

Chapter 15: Confidential Relationship

§15.1 Abuse or Breach of Confidential Relationship

Chapter 16: Contribution

§16.1 Generally

§16.2 Actions Against the State of Tennessee

Chapter 17: Conspiracy

§17.1 Generally

§17.2 Intracorporate Conspiracy Doctrine

Chapter 18: Constructive Fraud

§18.1 Generally

Chapter 19: Conversion

§19.1 Generally

Chapter 20: Criminal Conversation

§20.1 Generally

Chapter 21: Damages

§21.1 Aggravation of a Pre-Existing Condition

§21.2 Benefit of the Bargain Rule

§21.3 Damages for Lost Profits

§21.4 Election of Punitive Damages and TCPA Fees

§21.5 Election of Treble vs. Punitive Damages

§21.6 Itemization on Verdict Form

§21.7 Personal Injury Damages

§21.8 Prejudgment Interest on Personal Injury Cases

§21.9 Property Damage

§21.10 Punitive Damages

§21.11 Recovery of Loss of Consortium Damages by Children for Injuries to Parent

Chapter 22: Defamation

§22.1 Generally

§22.2 Actual Malice

§22.3 Conditional Privilege

§22.4 Damages

§22.5 Defamatory Statement

§22.6 Judicial Privilege

§22.7 Private Person vs. Public Figure

§22.8 Publication

§22.9 Truth and Other Defenses

Chapter 23: Duty

§23.1 Generally

§23.2 Designated Driver

§23.3 Duty Arising Because of Special Relationship

§23.4 Duty Gratuitously Undertaken

§23.5 Helpless or Inattentive Plaintiffs

§23.6 Sale of Gasoline to Intoxicated Motorist

Chapter 24: Expert Witnesses

§24.1 Admissibility of Testimony

§24.2 Payment of Contingent Fee

Chapter 25: False Imprisonment

§25.1 Generally

Chapter 26: Family Purpose Doctrine

§26.1 Generally

Chapter 27: Fraud

§27.1 Generally

§27.2 Promissory Fraud

Chapter 28: Governmental Tort Liability Act

§28.1 Applicability of Damage Cap to Loss of Consortium Claim

§28.2 Constructive Notice of Defective Condition

§28.3 Discretionary Function Exception

§28.4 Government Healthcare Providers as Tortfeasors

§28.5 Immunity of Employees From Judgment

§28.6 Intentional Tort Exclusion

§28.7 Latent Defect

§28.8 Limitations on Immunity Arising from Inspections

§28.9 Negligent Infliction of Emotional Distress

§28.10 Public Duty Doctrine

§28.11 Road and Bridge Cases

§28.12 Special Duty Exception to the Public Duty Doctrine

§28.13 Statute of Limitations

§28.14 Waiver of Statutory Damage Limits

Chapter 29: Gross Negligence

§29.1 Generally

Chapter 30: Imputed Negligence

§30.1 Generally

§30.2 Joint Enterprise

Chapter 31: Independent Contractor

§31.1 Liability of Employer for Negligence of Contractor

Chapter 32: Intentional Infliction of Emotional Distress (Outrageous Conduct)

§32.1 Generally

Chapter 33: Intentional Interference with Business Relationship

§33.1 Generally

Chapter 34: Intentional Interference with Contractual Relationships

§34.1 Generally

§34.2 Parent Inducing Wholly-Owned Subsidiary

Chapter 35: Invasion of Privacy

§35.1 Generally

§35.2 False Light Invasion of Privacy

§35.3 Unreasonable Intrusion Into Private Affairs

Chapter 36: Last Clear Chance Rule

§36.1 Generally

Chapter 37: Legal Malpractice

§37.1 Generally

§37.2 Assignment of Legal Malpractice Claims

§37.3 Burden of Criminal Defendant as Plaintiff

§37.4 Effect of Violation of Ethics Rules

§37.5 Limitation of Actions

§37.6 Punitive Damages

§37.7 Recoverability of Attorney’s Fees

§37.8 Stay of Litigation Pending Plaintiff’s Release From Jail

Chapter 38: Limitation of Actions

§38.1 Continuing Medical Treatment Doctrine

§38.2 Discovery Rule

§38.3 Discovery Rule in Defamation Cases

§38.4 Discovery Rule in Negligence Infliction of Emotional Distress Cases

§38.5 Malicious Prosecution

§38.6 Repressed Memory

§38.7 Soldiers and Sailors Civil Relief Act of 1940

§38.8 Unsound Mind Exception

Chapter 39: Liquor Liability

§39.1 Provision of Alcohol (Non-Sale) to Minors

§39.2 Sales to Minors

§39.3 Social Hosts

Chapter 40: Loss of Consortium (Personal Injury Cases)

§40.1 Generally

Chapter 41: Malicious Harassment

§41.1 Generally

Chapter 42: Malicious Prosecution

§42.1 Generally

§42.2 Brought Against Plaintiff with Malice

§42.3 Damages

§42.4 Defense of Advice of Counsel

§42.5 Terminated in Plaintiff’s Favor

§42.6 Without Probable Cause

Chapter 43: Medical Negligence

§43.1 Ad Damnum

§43.2 Agency / Apparent Authority

§43.3 Allocation of Fault to Medical Negligence Plaintiff for Pre-Injury Conduct

§43.4 Battery

§43.5 Cases Against Health Care Providers That Are Not Medical Malpractice Cases

§43.6 Common Knowledge Exception

§43.7 Duty of Hospital to Get Informed Consent

§43.8 Duty, Non-Delegable

§43.9 Duty of Nursing Home to Protect Patients From Criminal Acts of Employee

§43.10 Duty of Pharmacist

§43.11 Duty of Physician to Non-Patients When Prescribing Drug to Patient

§43.12 Duty of Physician to Refer to a Specialist

§43.13 Duty of Psychiatrist to Prevent Injury by Patients to Others

§43.14 Duty to Warn Patient of HIV Infection

§43.15 Duty to Warn Non-Patient Family Member of Risk of Contracting Rocky Mountain Spotted Fever from Patient

§43.16 Error of Judgment Rule

§43.17 Existence of Physician – Patient Relationship

§43.18 Foreign Objects Exception to Statute of Repose

§43.19 Fraudulent Concealment Exception to Statute of Repose

§43.20 Informed Consent

§43.21 Liability for Suicide

§43.22 Locality Rule

§43.23 Proof of Causation in Res Ipsa Cases

§43.24 Re-filing Case Under Savings Statute After Expiration of Statute of Repose

§43.25 Res Ipsa Loquitor

§43.26 Special Damages Issues

§43.27 Statute of Repose

§43.28 Sudden Emergency Doctrine

§43.29 Waiver of the Contiguous State Rule

Chapter 44: Misrepresentation by Concealment

§44.1 Generally

Chapter 45: Motor Vehicle Cases

§45.1 Common Carriers – Duty to Passengers

§45.2 Duty of Driver Generally

§45.3 Duty of Emergency Vehicle Operators

§45.4 Duty at Intersections

§45.5 Duty of Passenger

§45.6 Duty of Pedestrians

§45.7 Failure to Give Timely Notice of Uninsured Motorist Claim

§45.8 Overcoming Statutory Presumption of Agency

§45.9 Uninsured Motorist Cases – Offsets

§45.10 Uninsured Motorist Cases – Proof Required in a No-Contact John Doe Case

§45.11 Waiver of Right of Way

Chapter 46: Negligence by a Child

§46.1 Generally

§46.2 Liability of Parents for Intentional or Malicious Acts of Children

§46.3 Liability of Parents for Nonintentional Acts of Children

Chapter 47: Negligence Per Se

§47.1 Ordinances

§47.2 Statutes

Chapter 48: Negligent Entrustment

§48.1 Generally

§48.2 Vicarious Liability for Negligent Entrustment

Chapter 49: Negligent Infliction of Emotional Distress

§49.1 Cases Arising From Injuries to Another – Witnessed

§49.2 Cases Arising From Injuries to Another – Unwitnessed

§49.3 Proof in Parasitic Claims

§49.4 Relationship Requirement

§49.5 “Stand Alone” Cases

Chapter 50: Negligent Misrepresentation 367

§50.1 Professionals and Business Persons

Chapter 51: Nuisance

§51.1 Generally

§51.2 Claim Against Government Facility

§51.3 Damages for Permanent Nuisance

§51.4 Damages for Temporary Nuisance

Chapter 52: Parent – Child Immunity

§52.1 Generally

Chapter 53: Personal Property

§53.1 Suit to Recover from Government

Chapter 54: Physician – Patient Confidentiality

§54.1 Generally

§54.2 Ex Parte Communications

Chapter 55: Physical or Mental Disability

§55.1 Effect of Mental Disorder

§55.2 Effect of Visual Difficulty

§55.3 Effect of Voluntary Intoxication

Chapter 56: Policeman and Fireman’s Rule

§56.1 Generally

Chapter 57: Premises Liability

§57.1 Generally

§57.2 Duty to Independent Contractors Working on Premises

§57.3 Liability for Criminal Acts of Third Persons

§57.4 Proof of Notice of Dangerous Condition

§57.5 The Impact of the Recreational Use Statute

Chapter 58: Products Liability

§58.1 Allocation of Fault to a Product

§58.2 Application of the Consumer Expectation Test to All Products

§58.3 Breach of Warranty

§58.4 Component Parts Doctrine

§58.5 Duty to Warn – Post-Sale

§58.6 Duty to Warn – Time of Sale

§58.7 Economic Loss Doctrine

§58.8 Feasible Alternative Design

§58.9 Learned Intermediary Doctrine

§58.10 Misrepresentation

§58.11 Other Similar Incidents

§58.12 Statute of Repose

§58.13 Test to Determine Whether a Product is Defective or Unreasonably Dangerous

Chapter 59: Punitive Damages

§59.1 Generally

Chapter 60: Rescue Doctrine

§60.1 Generally

Chapter 61: Res Ipsa Loquitor in Non-Medical Negligence Cases

§61.1 Generally

Chapter 62: Savings Statute

§62.1 Generally

Chapter 63: Spousal Immunity

§63.1 Generally

Chapter 64: State of Tennessee

§64.1 Jurisdiction Generally

§64.2 Acts or Omission of State Employees

§64.3 Discretionary Function Immunity

§64.4 Waiver Arising From Filing Claim

Chapter 65: Strict Liability

§65.1 Ultra-hazardous Activities

Chapter 66: Subrogation

§66.1 Effect of Fault of Employer or Employee on Worker’s Compensation Subrogation Interest

§66.2 Non-ERISA, Non-Workers’ Compensation Carriers

§66.3 Recoverability of Monies from Loss of Consortium Plaintiff

§66.4 Uninsured Motorist Insurance Companies

Chapter 67: Subsequent Medical Negligence, Liability of Original Tortfeasor

§67.1 Generally

Chapter 68: Sudden Emergency Doctrine

§68.1 Generally

§68.2 Medically Incapacitating Disorder as a Defense

Chapter 69: Trespass

§69.1 Generally

Chapter 70: Unavoidable Accident

§70.1 Generally

Chapter 71: Unfair Competition

§71.1 Generally

Chapter 72: Vicarious Liability

§72.1 Apparent or Ostensible Agency

§72.2 Employer for Acts of Independent Contractor

§72.3 Liability of Insurer for Acts of an Attorney

§72.4 Loaned Servant Doctrine

§72.5 Responsibility for Acts of Agents

§72.6 Responsibility for Acts of Employees

§72.7 Statutory Basis to Impose Liability for Criminal Conduct of Another

Chapter 73: Wrongful Death

§73.1 Common Fund Doctrine

§73.2 Damages in Cases Involving Death of Spouse or Parent

§73.3 Distribution of Proceeds

§73.4 Loss of Consortium Claim for the Death of a Child

§73.5 Proper Parties Plaintiff

§73.6 Reduction for Personal Maintenance Expenses

Chapter 74: Wrongful Pregnancy

§74.1 Generally