Chapter 1: Abuse of Process

§1.1 Generally

Chapter 2: Alienation of Affections

§2.1 Generally

Chapter 3: Amusement Parks

§3.1 Liability of Operator

§3.2 Liability for Punitive Damages

Chapter 4: Animal Control Officer’s Rule

§4.1 Generally

Chapter 5: Animals

§5.1 Generally

§5.2 Harboring Wild Animals

Chapter 6: Assault and Battery

§6.1 Assault – Generally

§6.2 Battery – Generally

§6.3 Defense – Consent

§6.4 Defense – Defense of Property

§6.5 Defense – Provocation

§6.6 Defense – Self-Defense

Chapter 7: Assumption of Risk

§7.1 Generally

§7.2 Contractual Waiver of Liability

Chapter 8: Attorney’s Fees

§8.1 Apportionment of Fees in Cases with Workers’ Compensation Subrogation Interest

§8.2 Contingency Fees

§8.3 Fees Charged to Minors

Chapter 9: Attorney’s Lien

§9.1 Generally

Chapter 10: Bad Faith Failure of Insurer to Pay First Party Claim (Statutory Cause of Action)

§10.1 Generally

§10.2 Effect of Misrepresentation by Insured in Proof of Loss

§10.3 Necessity of Giving Notice of Intention to Seek Penalty

Chapter 11: Bad Faith Failure to Settle (Common Law Claim)

§11.1 Generally

Chapter 12: Breach of Promise to Marry

§12.1 Generally

CHAPTER 13: Causation

§13.1 Generally

§13.2 Cause in Fact vs. Proximate Cause

§13.3 Intervening and Superseding Causes

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

§13.5 Loss of Chance

§13.6 Suicide Cases

CHAPTER 14: Charitable Immunity

§14.1 Generally

CHAPTER 15: Comparative Fault

§15.1 Abolition of Joint and Several Liability as General Rule

§15.2 Addition of Defendants After Expiration of Statute of Limitations (Tenn. Code Ann.§ 20-1-119)

§15.3 Allocation of Fault to Defendant Dismissed Before Trial

§15.4 Allocation of Fault to One Protected by Governmental Immunity

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

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

§15.7 Allocation of Fault to a Product

§15.8 Allocation of Fault to an Unknown Party Generally

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

§15.10 Applicability to Breach of Implied Warranty Cases

§15.11 Applicability to Fraud

§15.12 Applicability to Nuisance

§15.13 Bifurcated Fault Allocations

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

§15.15 Effect of Concerted Action

§15.16 Effect of Co-Tortfeasor Committing Intentional Wrong

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

§15.18 Effect on Tenn. Code Ann.§ 56-7-1201(UM Claim)

§15.19 Factors Considered in Fault Allocations

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

§15.21 Fifty Percent Rule

§15.22 Financial Impact of Settlement With One of Multiple Tortfeasors

§15.23 Indemnity

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

§15.25 Negligent Entrustment

§15.26 Several Liability as a General Rule

§15.27 Strict Liability Cases

§15.28 Tortfeasors in a Single Event May be Tried Separately

§15.29 Vicarious Liability After Comparative Fault

Chapter 16: Confidential Relationship

§16.1 Abuse or Breach of Confidential Relationship

§16.2 Difference Between Fiduciary Relationships and Confidential Relationships

Chapter 17: Conflict of Laws in Tort Cases

§17.1 Generally

Chapter 18: Contribution

§18.1 Generally

§18.2 Actions Against the State of Tennessee

Chapter 19: Conspiracy

§19.1 Generally

§19.2 Conspiracy is Not a Cause of Action

§19.3 Intracorporate Conspiracy Doctrine

Chapter 20: Constructive Fraud

§20.1 Generally

Chapter 21: Conversion

§21.1 Generally

Chapter 22: Criminal Conversation

§22.1 Generally

Chapter 23: Damages

§23.1 Aggravation of a Pre-Existing Condition

§23.2 Benefit of the Bargain Rule

§23.3 Collateral Source Rule

§23.4 Damage Award in Excess of Ad Damnum

§23.5 Damages in Cases Involving Death of Spouse or Parent

§23.6 Damages for Lost Profits

§23.7 Election of Punitive Damages and TCPA Fees

§23.8 Election of Treble vs. Punitive Damages

§23.9 Impact of Death of Plaintiff After Verdict

§23.10 Itemization on Verdict Form

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

§23.12 Loss of Consortium (Personal Injury Cases)

§23.13 Mitigation of Damages

§23.14 Personal Injury Damages

§23.15 Prejudgment Interest on Personal Injury Cases

§23.16 Property Damage

§23.17 Punitive Damages

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

Chapter 24: Defamation

§24.1 Generally

§24.2 Actual Malice

§24.3 Conditional Privilege

§24.4 Damages

§24.5 Defamatory Statement

§24.6 Judicial Privilege

§24.7 Private Person vs. Public Figure

§24.8 Publication

§24.9 Truth and Other Defenses

Chapter 25: Duty

§25.1 Generally

§25.2 Designated Driver

§25.3 Duty Arising Because of Special Relationship

§25.4 Duty Gratuitously Undertaken

§25.5 Duty of Railroad to Maintain Visibility at Crossings

§25.6 Duty of Teachers and Schools

§25.7 Helpless or Inattentive Plaintiffs

§25.8 Sale of Gasoline to Intoxicated Motorist

Chapter 26: Expert Witnesses

§26.1 Adequacy of Expert Witness Disclosure

§26.2 Admissibility of Testimony

§26.3 Limited Used of Discovery Deposition of Experts

§26.4 Payment of Contingent Fee

Chapter 27: False Imprisonment

§27.1 Generally

Chapter 28: Family Purpose Doctrine

§28.1 Generally

Chapter 29: Federal Employers’ Liability Act (FELA)

§29.1 Generally – Liability

Chapter 30: Fraud

§30.1 Generally

§30.2 Duty to Disclose

§30.3 Promissory Fraud

§30.4 Reasonable Reliance

Chapter 31: Governmental Tort Liability Act

§31.1 Applicability of Damage Cap to Loss of Consortium Claim

§31.2 Constructive Notice of Defective Condition

§31.3 Discretionary Function Exception

§31.4 Duty of Teachers and Schools

§31.5 Government Healthcare Providers as Tortfeasors

§31.6 Immunity of Employees From Judgment

§31.7 Intentional Tort Exclusion

§31.8 Latent Defect

§31.9 Limitations of Actions for Claims by Minors

§31.10 Limitations on Immunity Arising from Inspections

§31.11 Negligent Infliction of Emotional Distress

§31.12 Public Duty Doctrine

§31.13 Qualified Immunity

§31.14 Road and Bridge Cases

§31.15 Special Duty Exception to the Public Duty Doctrine

§31.16 Statute of Limitations

§31.17 Waiver of Statutory Damage Limits

Chapter 32: Gross Negligence

§32.1 Generally

§32.2 Definition of Gross Negligence

§32.3 Gross Negligence and Exculpatory Clauses

§32.4 Impact of Gross Negligence on Comparative Fault Allocation

§32.5 Punitive Damages Not Permitted in Cases Where Defendant Is Grossly Negligent

Chapter 33: Imputed Negligence

§33.1 Generally

§33.2 Imputation of Fault from Vehicle Driver to Vehicle Passenger

§33.3 Imputing Negligence in Case Where Member of Association Sues Association

§33.4 Joint Enterprise

Chapter 34: Independent Contractor

§34.1 Liability of Employer for Negligence of Contractor

Chapter 35: Intentional Infliction of Emotional DistresS (Outrageous Conduct)

§35.1 Generally

Chapter 36: Intentional Interference with Business Relationship

§36.1 Generally

Chapter 37: Intentional Interference with Contractual Relationships

§37.1 Generally

§37.2 Parent Inducing Wholly-Owned Subsidiary

Chapter 38: Interference With and Mishandling Human Remains

§38.1 Generally

§38.2 Damages

§38.3 Who is Entitled to Maintain Action

Chapter 39: Invasion of Privacy

§39.1 Generally

§39.2 Appropriation of Another’s Name or Likeness

§39.3 False Light Invasion of Privacy

§39.4 False Light Invasion of Privacy – Application of Privileges

§39.5 False Light Invasion of Privacy – Assignment of False Light Claims

§39.6 False Light Invasion of Privacy – Damages for False Light Claims

§39.7 False Light Invasion of Privacy – Limitation of Action

§39.8 Publicity Given to Private Facts

§39.9 Unreasonable Intrusion Into Private Affairs (Intrusion Upon Seclusion)

Chapter 40: Last Clear Chance Rule

§40.1 Generally

Chapter 41: Legal Malpractice

§41.1 Generally

§41.2 Assignment of Legal Malpractice Claims

§41.3 Burden of Criminal Defendant as Plaintiff

§41.4 Effect of Violation of Ethics Rules

§41.5 Limitation of Actions

§41.6 Punitive Damages

§41.7 Recoverability of Attorney’s Fees

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

Chapter 42: Limitation of Actions

§42.1 Applicability to Counterclaims and Crossclaims

§42.2 Continuing Medical Treatment Doctrine

§42.3 Death of a Minor

§42.4 Discovery Rule

§42.5 Discovery Rule in Defamation Cases

§42.6 Discovery Rule in Medical Negligence Cases

§42.7 Discovery Rule in Negligence Infliction of Emotional Distress Cases

§42.8 Fraudulent Concealment Exception to Medical Negligence Statute of Repose

§42.9 Fraudulent Concealment Exception to Statute of Limitations

§42.10 Impact of Grant of Durable Power of Attorney

§42.11 Malicious Prosecution

§42.12 Repressed Memory

§42.13 Soldiers and Sailors Civil Relief Act of 1940

§42.14 Unsound Mind Exception

Chapter 43: Liquor Liability

§43.1 Claims Against Seller of Alcohol to Minors – Third Person Injured

§43.2 Claim by Adult Alcohol Consumer Against Seller of Alcohol

§43.3 Claim by Third Person Against Social Host Where Alcohol was Available to Minors

§43.4 First Party Claim Against Bar for Furnishing (Not Selling) Alcohol to Minor

§43.5 Provision of Alcohol (Non-Sale) to Minor Who is Later Injured in Motor Vehicle Wreck

Chapter 44: Loss of Consortium (Personal Injury Cases)

§44.1 Generally

Chapter 45: Malicious Harassment

§45.1 Generally

Chapter 46: Malicious Prosecution

§46.1 Generally

§46.2 Brought Against Plaintiff with Malice

§46.3 Damages

§46.4 Defense of Advice of Counsel

§46.5 Terminated in Plaintiff’s Favor

§46.6 Without Probable Cause

Chapter 47: Medical Negligence

§47.1 Ad Damnum

§47.2 Agency / Apparent Authority

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

§47.4 Battery

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

§47.6 Certificate of Good Faith Requirement

§47.7 Collateral Source Rule

§47.8 Common Knowledge Exception

§47.9 Contiguous State Rule – Application to Causation Witnesses

§47.10 Contiguous State Rule – Waiver

§47.11 Corporate Liability Doctrine

§47.12 Causation Expert Need Not Know Standard of Care

§47.13 Discovering the Standard of Care from the Defendant Doctor

§47.14 Duty of Hospital to Get Informed Consent

§47.15 Duty, Non-Delegable

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

§47.17 Duty of Pharmacist

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

§47.19 Duty of Physician to Refer to a Specialist

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

§47.21 Duty to Warn Patient of HIV Infection

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

§47.23 Error of Judgment Rule

§47.24 Existence of Physician – Patient Relationship

§47.25 Foreign Objects Exception to Statute of Repose

§47.26 Fraudulent Concealment Exception to Statute of Repose

§47.27 Informed Consent

§47.28 Liability for Suicide

§47.29 Locality Rule

§47.30 Loss of Chance

§47.31 Peer Review Statute Privilege

§47.32 Pre-Suit Notice Requirement

§47.33 Proof of Causation in Res Ipsa Cases

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

§37.35 Res Ipsa Loquitor

§47.36 Special Damages Issues

§47.37 Statute of Repose

§47.38 Sudden Emergency Doctrine

Chapter 48: Misrepresentation by Concealment

§48.1 Generally

Chapter 49: Motor Vehicle Cases

§49.1 Common Carriers – Duty to Passengers

§49.2 Driving with Obstruction to Vision

§49.3 Duty of Driver Generally

§49.4 Duty of Emergency Vehicle Operators

§49.5 Duty at Intersections

§49.6 Duty of Passenger

§49.7 Duty of Pedestrians

§49.8 Failure to Give Timely Notice of Uninsured Motorist Claim

§49.9 Imputation of Fault from Vehicle Driver to Vehicle Passenger

§49.10 Overcoming Statutory Presumption of Agency

§49.11 Police Reports

§49.12 Sudden Loss of Consciousness or Physical Capacity

§49.13 Uninsured Motorist Cases – Offsets

§49.14 Uninsured Motorist Cases – Postjudgment Interest

§49.15 Uninsured Motorist Cases – Prejudgment Interest

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

§49.17 Uninsured Motorist Cases – Service of Process

§49.18 Waiver of Right of Way

Chapter 50: Negligence by a Child

§50.1 Generally

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

§50.3 Liability of Parents for Nonintentional Acts of Children

Chapter 51: Negligence Per Se

§51.1 Ordinances

§51.2 Statutes

Chapter 52: Negligent Bailment

§52.1 Generally

Chapter 53: Negligent Entrustment

§53.1 Generally

§53.2 Vicarious Liability for Negligent Entrustment

Chapter 54: Negligent Infliction of Emotional Distress

§54.1 Cases Arising From Injuries to Another – Witnessed

§54.2 Cases Arising From Injuries to Another – Unwitnessed

§54.3 Proof in Parasitic Claims

§54.4 Relationship Requirement

§54.5 “Stand Alone” Cases

Chapter 55: Negligent Misrepresentation

§55.1 Duty to Disclose

§55.2 Professionals and Business Persons

§55.3 Reasonable Reliance

Chapter 56: Nuisance

§56.1 Generally

§56.2 Claim Against Government Facility

§56.3 Damages for Permanent Nuisance

§56.4 Damages for Temporary Nuisance

§56.5 Limitation of Actions

§56.6 Statute of Repose

Chapter 57: Parent – Child Immunity

§57.1 Generally

Chapter 58: Personal Property

§58.1 Suit to Recover from Government

Chapter 59: Physician – Patient Confidentiality

§59.1 Generally

§59.2 Ex Parte Communications

Chapter 60: Physical or Mental Disability

§60.1 Effect of Mental Disorder

§60.2 Effect of Visual Difficulty

§60.3 Effect of Voluntary Intoxication

Chapter 61: Policeman and Fireman’s Rule

§61.1 Generally

Chapter 62: Premises Liability

§62.1 Generally

§62.2 Duty to Independent Contractors Working on Premises

§62.3 Impact of the Recreational Use Statute

§62.4 Impact of the Statute of Repose for Improvements to Real Property

§62.5 Liability for Criminal Acts of Third Persons

§62.6 Open and Obvious

§62.7 Proof of Notice of Dangerous Condition

Chapter 63: Products Liability

§63.1 Allocation of Fault to a Product

§63.2 Application of the Consumer Expectation Test to All Products

§63.3 Breach of Warranty

§63.4 Causation in Products Liability Cases

§63.5 Claim Against Manufacturer of Alcohol

§63.6 Component Parts Doctrine

§63.7 Duty to Warn – Post-Sale

§63.8 Duty to Warn – Time of Sale

§63.9 Economic Loss Doctrine

§63.10 Feasible Alternative Design

§63.11 Learned Intermediary Doctrine

§63.12 Misrepresentation

§63.13 Other Similar Incidents

§63.14 Statute of Repose

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

Chapter 64: Punitive Damages

§64.1 Generally

§64.2 Allowable in Breach of Warranty Claim

Chapter 65: Rescue Doctrine

§65.1 Generally

Chapter 66: Res Ipsa Loquitor in Non-Medical Negligence Cases

§66.1 Generally

Chapter 67: Savings Statute

§67.1 Generally

Chapter 68: Spousal Immunity

§68.1 Generally

Chapter 69: State of Tennessee

§69.1 Jurisdiction Generally

§69.2 Acts or Omission of State Employees

§69.3 Discretionary Function Immunity

§69.4 Waiver Arising From Filing Claim

Chapter 70: Strict Liability

§70.1 Ultra-hazardous Activities

Chapter 71: Subrogation

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

§71.2 Effect of Uninsured Motorist Coverage Recovery on Workers’ Compensation Subrogation Interest

§71.3 Hospital Liens

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

§71.5 Recoverability of Monies from Loss of Consortium Plaintiff

§71.6 Uninsured Motorist Insurance Companies

Chapter 72: Subsequent Medical Negligence, Liability of Original Tortfeasor

§72.1 Generally

Chapter 73: Sudden Emergency Doctrine

§73.1 Generally

§73.2 Medically Incapacitating Disorder as a Defense

Chapter 74: Trespass

§74.1 Generally

Chapter 75: Unavoidable Accident

§75.1 Generally

Chapter 76: Unfair Competition

§76.1 Generally

Chapter 77: Vicarious Liability

§77.1 Apparent or Ostensible Agency

§77.2 Circumstances When Principle if Not Liable for Acts of Agent

§77.3 Employer for Acts of Independent Contractor

§77.4 Liability of Insurer for Acts of an Attorney

§77.5 Loaned Servant Doctrine

§77.6 Responsibility for Acts of Agents

§77.7 Responsibility for Acts of Employees

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

Chapter 78: Wrongful Death

§78.1 Common Fund Doctrine

§78.2 Damages in Cases Involving Death of Spouse or Parent

§78.3 Distribution of Proceeds

§78.4 Impact of Grant of Durable Power of Attorney On Statute of Limitations

§78.5 Limitation of Actions – Death of a Minor

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

§78.7 Proper Parties Plaintiff

§78.8 Reduction for Personal Maintenance Expenses

Chapter 79: Wrongful Pregnancy

§79.1 Generally