Nashville Tennessee Personal Injury Case Summaries

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Articles

Personal Injury Due to Sexual Assault

Most commonly, we hear of the criminal aspect of sexual assault, but there are also civil claims that a victim may be able to bring against the party (or parties) responsible. Depending on the facts of the case, the responsible party, or defendant, may be the assailant, their employer or another person that was involved in the assault. The victim may be able to bring personal injury claims for injuries suffered as a result of the sexual assault committed against him or her. When brining a personal injury case, the plaintiff (injured party or loved one bringing the lawsuit on the injured party’s behalf) must be able to prove certain elements to the court. The elements are these:

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What is Liability Insurance?

Liability insurance is a contract between an individual (insured) and a insurance company. This agreement/policy is carried by an individual (policyholder) to pay any losses or damages that a third party may suffer due to the action of the policyholder. Automobile owners are required to have liability insurance in most states. Once an injury — or property damage — occurs, a claim must be filed with the insurance company. The damages covered by the insured (policyholder’s) policy, which the insured owes to a third party, will be paid by the liability insurance company. Most individuals have comprehensive general-liability insurance (CGL). This type of insurance covers a broad range of liability, such as property damage and personal injury. Similarly, some individuals may carry accident-based insurance (or occurrence-based liability insurance). This type of insurance policy also covers property damage and/or personal injuries; however, an action or occurrence must take place in order to activate the policy and the policy may have some exclusions that the insured should be aware of.

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Case Summaries

[09/09] Kurns v. A.W. Chesterton Inc.

[09/08] Tamraz v. Lincoln Elec. Co.
In plaintiffs' suit against several manufacturers of welding supplies, claiming that the fumes from their products had caused his parkinsonism and that labels on the products had failed to warn of the danger, jury's verdict in favor of the plaintiffs is reversed as the district court exceeded its discretion in admitting an expert's opinion that the manufacturers' products triggered "manganese-induced parkinsonism" in plaintiff, because the "knowledge" requirement of Rule 702 requires more than subjective belief or unsupported speculation.

[09/08] Scottsdale Ins. Co. v. Univ. Crop Protection Alliance, LLC
In a declaratory judgment action seeking a ruling that a pollution exclusion in defendant's insurance policy relieved plaintiff of any obligation to defend or indemnify defendant, summary judgment for plaintiff is affirmed where: 1) in the insurance policy coverage context, a declaratory judgment action is ripe irrespective of whether the underlying litigation is ongoing or resolved; and 2) the underlying complaint made clear the relofted particulates at issue were toxic, and therefore, would qualify as "pollutants" under the policy.

[09/08] Wilcox v. Homestake Mining Co.
In an action brought under the Price-Anderson Act, 42 U.S.C. section 2210, claiming that plaintiffs suffered cancer due to exposure to radiation from defendants' uranium mill, summary judgment for defendant is affirmed where: 1) there was no basis in New Mexico law for extending the exception to the but-for causation requirement beyond the limited bounds the court described in interpreting the Restatement view under Colorado law in June; and 2) to the extent Tafoya altered the but-for test in situations where a defendant's actions aggravated but did not cause an injury, it was not applicable in this case.

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Frequently Asked Questions

What must a plaintiff prove to recover for an assault or battery?

If a dog bites a person, is the owner liable for doctor's bills?

What does a person have to prove to win a slander or libel claim?

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