New Post on the Day on Torts dated 09/06/2024
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

Is discovery rule triggered by information received by plaintiff’s attorney?

By The Law Offices of John Day, P.C. on Sep 05, 2024 06:18 am

Where plaintiff’s workers’ compensation attorney received documents that provided notice of a potential HCLA claim, that notice was not imputed to plaintiff because the HCLA claim was not within the scope of the attorney’s representation of plaintiff.

In Marc v. Eck, No. E2023-01643-COA-R3-CV (Tenn. Ct. App. Aug. 29, 2024), plaintiff was represented by an attorney in a workers’ compensation matter. In preparation for mediation in that matter, the attorney was given voluminous medical records on November 10, 2020. Included in these records were files related to a back surgery defendant performed on plaintiff on August 2, 2019.

Plaintiff’s workers’ compensation attorney began reviewing the records on November 30, 2020. During this review, she found notes from the surgery indicating that defendant had operated on the wrong section of plaintiff’s spine. The attorney informed plaintiff of this discovery sometime between November 30 and December 4, 2020, which was plaintiff’s first notice that the surgery had been performed incorrectly.


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White County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

By The Law Offices of John Day, P.C. on Sep 05, 2024 06:00 am

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in White County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the White County court system.


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