§9.4 Level of Proof Necessary (More Probable Than Not)
1. Points v. Thompson, No. M2006-02425-COA-R3-CV (Tenn. Ct. App. 1/9/2008).
The Court's Summary:
"In this case arising from an automobile accident, the issues presented are whether there is material evidence supporting the jury verdict in favor of the plaintiff and whether the trial court erred in denying the plaintiff’s motion in limine to exclude, as inadmissibly speculative, portions of his own medical expert’s testimony on cross-examination. Because we find that there is material evidence supporting the jury verdict and that the trial court did not abuse its discretion in denying the plaintiff’s motion in limine, we affirm the judgment of the trial court." Read the opinion.
2. Stanfill v. Mountain, No. M2006-01072-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2008).
The Court's Summary:
"This appeal arises out of a real estate transaction in Maury County, Tennessee, wherein the Plaintiffs/Appellants purchased property from Defendants/Appellees John T. Mountain and Melody Mountain. Defendant/Appellee Carl Brooks served as an independent real estate agent for the transaction. Plaintiffs filed suit against the Defendants alleging fraud, misrepresentation and violation of the Consumer Protection Act. Both Defendants filed motions for summary judgment. By Order dated April 19, 2006, the trial court granted summary judgment in favor of the Defendants. Subsequently, the trial court awarded discretionary costs against the Plaintiffs. For the following reasons we affirm the judgment of the trial court." View opinion.
3. Elga Jean Hinson, et al. v. Claiborne & Hughes Health Center, M2006-02306-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2008).
The Court's Summary:
" A ninety-one year old man died a month after he was admitted to the hospital. Almost a year after his death, two of his daughters filed a complaint against the nursing home where he had resided prior to his hospital admission. They alleged that the nursing home’s employees had been guilty of negligence which caused or contributed to their father’s death. The trial court granted summary judgment to the nursing home on the wrongful death claim because Plaintiffs were unable to successfully refute the affidavit of the defendant’s medical expert, who testified that the medical records showed that Plaintiffs’ father had died from causes unrelated to any act or omission on the part of the nursing home or its employees. The court also dismissed all other claims based on general allegations of negligence by the nursing home because Plaintiffs’ affidavits failed to allege any injuries with specificity and because of the passing of Tennessee’s one-year statute of limitations period. We affirm." View opinion.
4. Patricia Ambrose v. Blythe Batsuk, M2006-01131-COA-R3-CV (Tenn. Ct. App. April 30, 2008).
The Court's Summary:
"This case arose from a low-speed collision in which the plaintiff’s car was rear-ended by the defendant’s car. The plaintiff claimed that the accident caused her to suffer neck and shoulder injuries, resulting in considerable pain and suffering. The defendant conceded fault for the accident, but denied that the accident had caused the plaintiff any actual injury. The plaintiff attempted to prove causation by offering the deposition testimony of the primary care doctor who had treated her. The trial court excluded the doctor’s testimony because he was unable to state that the accident more probably than not caused the plaintiff’s physical injuries. The jury returned a verdict for the defendant and the trial court entered judgment thereon. We affirm."
View opinion.
The Court's Summary:
"In this case arising from an automobile accident, the issues presented are whether there is material evidence supporting the jury verdict in favor of the plaintiff and whether the trial court erred in denying the plaintiff’s motion in limine to exclude, as inadmissibly speculative, portions of his own medical expert’s testimony on cross-examination. Because we find that there is material evidence supporting the jury verdict and that the trial court did not abuse its discretion in denying the plaintiff’s motion in limine, we affirm the judgment of the trial court." Read the opinion.
2. Stanfill v. Mountain, No. M2006-01072-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2008).
The Court's Summary:
"This appeal arises out of a real estate transaction in Maury County, Tennessee, wherein the Plaintiffs/Appellants purchased property from Defendants/Appellees John T. Mountain and Melody Mountain. Defendant/Appellee Carl Brooks served as an independent real estate agent for the transaction. Plaintiffs filed suit against the Defendants alleging fraud, misrepresentation and violation of the Consumer Protection Act. Both Defendants filed motions for summary judgment. By Order dated April 19, 2006, the trial court granted summary judgment in favor of the Defendants. Subsequently, the trial court awarded discretionary costs against the Plaintiffs. For the following reasons we affirm the judgment of the trial court." View opinion.
3. Elga Jean Hinson, et al. v. Claiborne & Hughes Health Center, M2006-02306-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2008).
The Court's Summary:
" A ninety-one year old man died a month after he was admitted to the hospital. Almost a year after his death, two of his daughters filed a complaint against the nursing home where he had resided prior to his hospital admission. They alleged that the nursing home’s employees had been guilty of negligence which caused or contributed to their father’s death. The trial court granted summary judgment to the nursing home on the wrongful death claim because Plaintiffs were unable to successfully refute the affidavit of the defendant’s medical expert, who testified that the medical records showed that Plaintiffs’ father had died from causes unrelated to any act or omission on the part of the nursing home or its employees. The court also dismissed all other claims based on general allegations of negligence by the nursing home because Plaintiffs’ affidavits failed to allege any injuries with specificity and because of the passing of Tennessee’s one-year statute of limitations period. We affirm." View opinion.
4. Patricia Ambrose v. Blythe Batsuk, M2006-01131-COA-R3-CV (Tenn. Ct. App. April 30, 2008).
The Court's Summary:
"This case arose from a low-speed collision in which the plaintiff’s car was rear-ended by the defendant’s car. The plaintiff claimed that the accident caused her to suffer neck and shoulder injuries, resulting in considerable pain and suffering. The defendant conceded fault for the accident, but denied that the accident had caused the plaintiff any actual injury. The plaintiff attempted to prove causation by offering the deposition testimony of the primary care doctor who had treated her. The trial court excluded the doctor’s testimony because he was unable to state that the accident more probably than not caused the plaintiff’s physical injuries. The jury returned a verdict for the defendant and the trial court entered judgment thereon. We affirm."
View opinion.