Articles Posted in Personal Injury

If a defendant in a pending personal injury action dies during litigation in Tennessee, a substitution must be made for the deceased defendant.  The lawsuit does not abate if a party dies, but continues against the deceased party’s personal representative. T.C.A. §20-5-103.    The substitution of the party is controlled by Rule 25.01 of the T.R.C.P.…

Per Rule 3.7 of the Tennessee Rules of Professional Responsibility: (a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered…

A party is forbidden from deposing opposing counsel, except when the party seeking the deposition proves that (1) no other means exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and nonprivileged; and (3) the information is crucial to the preparation of the case.  Shelton v. Am. Motors…

Rule 615, often called simply “The Rule”, is titled “Exclusion of Witnesses”.  “The Rule” is short for The Rule of Sequestration.   Importantly, Rule 615 is found in the Tennessee Rules of Evidence.  The Tennessee Rules of Evidence “govern evidence rulings” and “apply in all trials.”  Tenn. Rules of Evidence 101 and Advisory Commission Comments. Thus,…

Assume you are stopped at a red light. The driver behind you hits your car. You are injured. The police come to the scene and issue a citation to the defendant for following too closely. Is the citation admissible as evidence of negligence if the personal injury case goes to trial? As with many legal…

In Tennessee, “No person shall throw or deposit on any highway any bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon the highway.” TCA 55-8-170(a). In addition, “Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious…

Effective December 1, 2025 With the addition of William (“Bill”) Rieder to our team, we now offer mediation services throughout the State of Tennessee. Bill’s extensive background as counsel for both Plaintiffs and Defendants gives him a unique ability to see issues from all perspectives. While some mediators focus on one side, Bill understands both—making…

Cycling is a popular mode of transportation and recreation in Tennessee. Whether you bike to work, ride for exercise, or simply enjoy leisurely outings, it is important to know the rules of the road designed to protect cyclists. Tennessee has implemented clear guidelines to create safely shared roadways between vehicles and bicycles, which will likely…

Last month, Georgia Senate Bill 68 passed the legislature and now awaits the signature of Governor Brian Kemp. He is expected to sign it once it reaches his desk. This legislation could have a big impact on litigation in Georgia as it brings different forms of tort reform. Senate Bill 68 does many things to…

The rules of the road are guidelines designed to keep everyone safe, prevent accidents, and promote harmony between pedestrians and drivers. Whether you’re walking to work, strolling your neighborhood, or exploring a city, understanding these rules can make a big difference for your safety and the safety of others. Important Pedestrian Rules of the Road…