Tenn Law Blog Top Ten List for 2008 - Developments in Personal Injury and Product Liability Law

In 2008 there were a number of significant developments relating to Tennessee personal injury and product liability law. Here are the Tenn Law Blog Top 10:

Click the links for additional discussion and the text of opinions and statutes.

1. 1.  Hannan v. Alltel Publishing Co. The Tennessee Supreme Court clarified, or arguably modified, the burden on a party moving for summary judgment. Justice Holder’s majority opinion drew a sharp dissent from Justice Koch.

2. The enactment of the Medical Malpractice Reform Bill, which took effect October 1, 2008. Click here for a summary of the changes, the text of the bill and a link to the Tennessee Administrative Office of the Court’s form Certificates of Good Faith, which are now required in all medical malpractice cases filed after the effective date of the act.

3. Eskin v. Bartee, 262 S.W.3d 727 (Tenn. 2008). The Tennessee Supreme Court held that a plaintiff can bring a claim for negligent infliction of emotional distress, even if he or she was not present to perceive the event causing injury or death to another.

4. Flax v. Daimler Chrysler Corp. The Tennessee Supreme Court’s analysis of the law applicable to punitive damages claims. The Court affirmed a punitive damages award of $13,000,000 associated with a wrongful death claim. This is the most significant Tennessee decision on punitive damages since Hodges v. S.C. Toof & Co. The court also held that when a negligent infliction of emotional distress claim arises from the plaintiff witnessing the death or injury of another, the plaintiff absolutely needs expert medical proof of the emotional injury.

5. The Tennessee Supreme Court’s decision in Green v. Johnson eliminating any prior ambiguity on the issue of whether the exposure of an uninsured motorist (UM) carrier is reduced by any sum paid to a UM claimant by a non-motorist who is alleged to be at fault for an accident.

6. Mohr v. Daimler Chrysler Corp. This is a decision from the Court of Appeals reducing a punitive damages award from $48 million to $14 million in accordance with the standards set forth in Flax v. Daimler Chrysler Corp. The reduction brought the award within the compensatory to punitive damages ratio of 1:4, which the United States Supreme Court has indicated may be the maximum constitutionally permissible ratio.
   
   
7. Walker v. Sunrise Pontiac, GMC Truck, Inc, 249 S.W.3d 301. Class certification is unavailable for claims brought under the Tennessee Consumer Protection Act.

8. Watts v. Mercedes-Benz USA, LLC, 254 S.W. 3d 422 (Tenn. Ct. App. 2007)(app. for perm. to appeal denied in 2008).  Rescission/revocation of acceptance is not available against a product manufacturer or distributor in Magnuson-Moss Warranty Act claim.

9. Ward v. City of Lebanon. The Tennessee Court of Appeals held that experts are not permitted to testify regarding interpretation of law or legal conclusions.

10. In Boren v. Weeks, 251 SW3d 426 (Tenn. 2008) the Tennessee Supreme Court outlined the extraordinary measures that a hospital must take to avoid "apparent agency" liability for the acts of non-employee (independent contractor) physicians which practice at the hospital.
    
    Let me know if you think any other developments should have been included in this list. 
    
    There is no doubt that 2009 will bring about a number of significant changes in Tennessee tort law. Stay tuned for further developments.
    
    Dan Berexa
    Nashville, Tennessee