Day on Torts

Covid-19 Shuts Down Tort and HCLA Trials in Tennessee in 2020-21

Tennessee’s tort and health care liability action trials came near to a screeching half for the fiscal year ending June 30, 2021.

There were only 31 jury and 113 nonjury tort trials in twelve months, and only 1 jury and 7 nonjury health care liability cases tried during the same period. Jury trials in tort cases were down over 70% from the year ending June 1, 2020 (108 to 31) and nonjury trials were down only slightly (121 to 113). HCLA jury trials were down over 80% (6 to 1) and nonjury HCLA cases were up slightly from 3 to 7).

In the HCLA cases, damages were awarded to the plaintiff in only one case (12.5% of cases).

In the tort cases, damages were awarded in 43 cases (29.9% of cases).

(We cannot say that the plaintiff “won” the cases in which damages were awarded. The plaintiff “prevailed” in those cases, but a “winning” is different than “prevailing.”)

In tort cases there were 9 judgments for more than $100,000, three of which were for more than $1,000,000. The other 34 cases resulted in a judgment of less than $100,000.

The sole HCLA award for a plaintiff was in Shelby County – $861,457.

Counties with trials in tort cases:

Johnson – 1 (jury )

Washington – 2 (both nonjury)

Sullivan – 1 (jury)

Greene – 1 (nonjury)

Hamblen – 1 (jury)

Sevier – 2 (both nonjury)

Knox – 26 (13 of each)

Claiborne – 1 (nonjury)

Morgan 6 (all nonjury)

Bradley 2 (nonjury)

Monroe (jury)

Hamilton 22 (2 jury, 20 nonjury)

Wilson 1 (jury)

Rutherford 3 (one jury, 2 nonjury)

Bedford 2 (both nonjury)

Sumner 8 (2 jury, 6 nonjury)

Montgomery 9 (1 jury, 8 nonjury)

Davidson 11 (4 jury, 7 nonjury)

Williamson 5 (3 jury, one nonjury)

Dickson 1 (jury)

Madison 5 (1 jury, 4 nonjury)

Dyer 1 (nonjury)

Shelby 31 (1 jury, 30 nonjury)

Counties with HCLA trials:

Hamilton 3 (nonjury)

Rutherford 2 (one jury, one nonjury)

Shelby 3 (nonjury)

Seventy-two counties had no tort or HCLA cases

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