Day on Torts

Service of process on hospital employee insufficient.

When a process server gave the HCLA summons and complaint to a hospital employee, insufficient service resulted in dismissal of the case.

In Roberts v. Hinkle, No. W2022-01714-COA-R3-CV (Tenn. Ct. App. April 9, 2024), plaintiff filed an HCLA suit against defendant doctor related to an allegedly negligent surgery. Defendant raised the affirmative defense of insufficient service of process in his answer. Later, he filed a motion to dismiss based on insufficient service of process and the statute of limitations. The trial court granted the motion, dismissing the case, and the Court of Appeals affirmed.

Tennessee Rule of Civil Procedure 4.04 lays out the proper process for service of a lawsuit in Tennessee. “Although personal service of process is the preferred method of service upon an individual defendant, service may also be had upon an agent authorized by appointment or by law to receive service on behalf of the defendant.” (internal citation and quotation omitted).

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Robertson 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 Robertson County court system.

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