§19.1 Generally
1. Satterfield v. Breeding Insulation Co., Inc., 2007 WL 1159416 (Tenn. Ct. App., April 19, 2007).
The Court's Summary:
"Plaintiff’s Action alleged that as a child she was exposed to her father’s clothing which was contaminated in his workplace with defendant, and that defendant knew the contamination was toxic and would cause injuries. She further alleged that as a child she was exposed to her father’s contaminated clothing on a regular basis, causing her terminal illness. After the Complaint was filed plaintiff died and her father was named as party-plaintiff as the personal representative of her Estate. The pleadings were amended to plead a wrongful death action. The Trial Court, responding to a Tenn. Rules Civ. P. 12 Motion, dismissed the action for failure to state a cause of action and plaintiff has appealed. On appeal, we reverse the Trial Court and reinstate the action for further proceedings." View opinion.
2. Adams v. Hendersonville Hospital Corp., 2007 WL 1462245 (Tenn. Ct. App. May 18, 2007).
The Court's Summary:
"Patient presented to hospital emergency department with complaints of high fever, body aches (specifically in her right knee and calf), vomiting, nausea, and diarrhea. Approximately four and a half hours later, patient was discharged from the emergency room with a diagnosis of flu and dehydration. The patient died three days later, and an autopsy revealed that the cause of death was septic shock, secondary to a bacterial infection. In the suit against the hospital and treating physician, Appellant submitted three suggested jury instructions to the trial court, all three of which were denied. Appellant appeals the trial court’s denial of the three jury instructions, as well as a specific portion of the instructions given to the jury. The judgment of the trial court is reversed and the case remanded for a new trial." View opinion.
3. Daniel Pantoja Garcia vs. Norfolk Southern Railway Company,
E2006-02674-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2008).
The Court's Summary:
"In this appeal of a directed verdict in a wrongful death case, Daniel Pantoja Garcia (“Husband”) claims that Norfolk Southern Railway Company (“Norfolk Southern”) was negligent in failing to warn his now-deceased wife, Lydia Garcia (“Wife”), of the presence of diesel fuel inside a fuel tank that Wife, as an employee of Progress Rail Services Corporation (“Progress Rail”), was assigned to dismantle. As Wife was cutting the tank with a torch-cutter on Norfolk Southern’s property, the tank exploded, killing Wife. The trial court granted a directed verdict because it found no evidence that Norfolk Southern owed any duty in this case. We affirm." View opinion.
4. Robert A. Ward and wife, Sally Ward v. City of Lebanon, Tennessee; City of Lebanon Gas Department; James N. Bush Construction, Inc.; Foster Engineering & Energy, Inc. & Water Management Services, LLC, M2006-02520-COA-R3-CV (Tenn. Ct. App. April 25, 2008).
The Court's Summary:
"Plaintiff, while excavating, struck a gas line which resulted in an explosion and fire, seriously injuring plaintiff. Plaintiffs brought this action against several defendants and the case went to trial against the City of Lebanon and Bush Construction Company, Inc. A jury returned a verdict for the plaintiffs and allocated percentages of fault as to both defendants and the plaintiff. The Trial Court entered Judgment in favor of the plaintiffs and defendants appealed. We reverse the Trial Court Judgment and remand for a new trial on the grounds that a part of the charge to the jury was erroneous."
View opinion.
The Court's Summary:
"Plaintiff’s Action alleged that as a child she was exposed to her father’s clothing which was contaminated in his workplace with defendant, and that defendant knew the contamination was toxic and would cause injuries. She further alleged that as a child she was exposed to her father’s contaminated clothing on a regular basis, causing her terminal illness. After the Complaint was filed plaintiff died and her father was named as party-plaintiff as the personal representative of her Estate. The pleadings were amended to plead a wrongful death action. The Trial Court, responding to a Tenn. Rules Civ. P. 12 Motion, dismissed the action for failure to state a cause of action and plaintiff has appealed. On appeal, we reverse the Trial Court and reinstate the action for further proceedings." View opinion.
2. Adams v. Hendersonville Hospital Corp., 2007 WL 1462245 (Tenn. Ct. App. May 18, 2007).
The Court's Summary:
"Patient presented to hospital emergency department with complaints of high fever, body aches (specifically in her right knee and calf), vomiting, nausea, and diarrhea. Approximately four and a half hours later, patient was discharged from the emergency room with a diagnosis of flu and dehydration. The patient died three days later, and an autopsy revealed that the cause of death was septic shock, secondary to a bacterial infection. In the suit against the hospital and treating physician, Appellant submitted three suggested jury instructions to the trial court, all three of which were denied. Appellant appeals the trial court’s denial of the three jury instructions, as well as a specific portion of the instructions given to the jury. The judgment of the trial court is reversed and the case remanded for a new trial." View opinion.
3. Daniel Pantoja Garcia vs. Norfolk Southern Railway Company,
E2006-02674-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2008).
The Court's Summary:
"In this appeal of a directed verdict in a wrongful death case, Daniel Pantoja Garcia (“Husband”) claims that Norfolk Southern Railway Company (“Norfolk Southern”) was negligent in failing to warn his now-deceased wife, Lydia Garcia (“Wife”), of the presence of diesel fuel inside a fuel tank that Wife, as an employee of Progress Rail Services Corporation (“Progress Rail”), was assigned to dismantle. As Wife was cutting the tank with a torch-cutter on Norfolk Southern’s property, the tank exploded, killing Wife. The trial court granted a directed verdict because it found no evidence that Norfolk Southern owed any duty in this case. We affirm." View opinion.
4. Robert A. Ward and wife, Sally Ward v. City of Lebanon, Tennessee; City of Lebanon Gas Department; James N. Bush Construction, Inc.; Foster Engineering & Energy, Inc. & Water Management Services, LLC, M2006-02520-COA-R3-CV (Tenn. Ct. App. April 25, 2008).
The Court's Summary:
"Plaintiff, while excavating, struck a gas line which resulted in an explosion and fire, seriously injuring plaintiff. Plaintiffs brought this action against several defendants and the case went to trial against the City of Lebanon and Bush Construction Company, Inc. A jury returned a verdict for the plaintiffs and allocated percentages of fault as to both defendants and the plaintiff. The Trial Court entered Judgment in favor of the plaintiffs and defendants appealed. We reverse the Trial Court Judgment and remand for a new trial on the grounds that a part of the charge to the jury was erroneous."
View opinion.