Day on Torts

Common knowledge exception did not apply to HCLA transport case.

Plaintiff’s HCLA claim that defendant medical facility failed to advise a transportation service of his mobility issues required expert medical proof.

In Dickerson v. United Medical Transportation LLC, No. W2023-01084-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2024), plaintiff had been a patient at defendant medical facility. Upon plaintiff’s discharge, defendant arranged for transportation for plaintiff with a transport service. The service did not assist plaintiff when he was getting out of the car, and he fell, injuring himself.

Plaintiff filed this HCLA claim asserting that defendant “failed to inform [the transport service] of his medical conditions, including his fall risk status, while arranging for his transportation.” Defendant moved for summary judgment based on a lack of duty and the assertion that plaintiff had no ambulatory issues, and plaintiff responded by filing the affidavit of an expert with a background in transportation. Notably, this expert had no medical training or licensure. The trial court granted summary judgment to the defendant, ruling that plaintiff would need expert testimony to support his claim, and the Court of Appeals affirmed.

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