dismissed claim (Tennessee) · Go Syfert
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dismissed claim in Tennessee

10 Tennessee opinions name it 2 courts 1978–2022 1 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
GSB Contractors, Inc. v. Hessgreen
tennctapp · 2005 · cited in 1 Tennessee opinions naming this issue, 2020–2020
1 sentence

2020GSB Contractors, Inc. v. Hess, 179 S.W.3d 535, 547 (Tenn. Ct. App. 2005).

11
Sanford v. Waugh & Co., Inc.green
tenn · 2010 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018Sanford v. Waugh & Co., 328 S.W.3d 836, 849 (Tenn. 2010).

11
Rains v. Kolberg Manufacturing Corp.green
coloctapp · 1994 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001Corp., 897 P.2d 845, 848 (Colo.Ct.App.1994).

11
State Ex Rel. Byram v. City of Brentwoodgreen
tennctapp · 1991 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000Byram v. City of Brentwood, 833 S.W.2d 500, 502 (Tenn. Ct. App.1991); Goodwin v. Metropolitan Bd. of Health, 656 S.W.2d 383, 386-87 (Tenn. Ct. App.1983). [3] Unfortunately, Mr. Davis's decision to engage in this procedural wrangling has prevented the prompt resolution of his civil rights claim.

11
Goodwin v. Metropolitan Board of Healthgreen
tennctapp · 1983 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000Byram v. City of Brentwood, 833 S.W.2d 500, 502 (Tenn. Ct. App.1991); Goodwin v. Metropolitan Bd. of Health, 656 S.W.2d 383, 386-87 (Tenn. Ct. App.1983). [3] Unfortunately, Mr. Davis's decision to engage in this procedural wrangling has prevented the prompt resolution of his civil rights claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
River Park Hospital, Inc. v. BlueCross BlueShield of Tennessee, Inc. green
tennctapp · 2002
1 sentence

2022The trial court dismissed this claim on the basis that Appellant’s complaint did not establish the required element that Appellee’s retaking of the automobile was in “defiance of the true owner’s rights to the chattel.” Id.

12022–2022
Coscia v. TOWN OF PEMBROKE, MASS. green
ca1 · 2011
1 sentence

2017The court dismissed the claim, explaining that “although the existing law does recognize a custodial duty to take some preventive action, its rationale does not extend official protective responsibility as far as the plaintiff would take it.” Id. at 40 .

12017–2017
Clemets v. Heston green
ohioctapp · 1985
1 sentence

2017Id. at 294 .

12017–2017
Janet Wynn Snyder v. First Tennessee Bank, N.A. green
tennctapp · 2014
1 sentence

2016Upon affirming the trial court‟s grant of the Bank‟s motion to dismiss Ms. Snyder‟s action for failure to state a claim upon which relief could be granted, this Court remanded the case to the trial court “for collection of the costs below and further proceedings pursuant to Tenn. Code Ann. § 20-12-119 (c).” Snyder I, 450 S.W.3d at 519 .

12016–2016
John Kohl & Co. PC v. Dearborn & Ewing green
tenn · 1998
1 sentence

1999While Bradson contends that they did not suffer an actual injury until June 11, 1996 when the trial court dismissed their claim, “allowing suit to be filed once all the injurious effects and consequences are known would defeat the rationale for the existence of statutes of limitations.” Kohl, 977 S.W.2d at 533 .

11999–1999
Doe v. Doe green
nysupct · 1987
2 sentences

1993The trial court dismissed the claim, stating that the plaintiff did not even allege that the husband has the “condition or virus on which she bases her claim.” 519 N.Y.S.2d at 598 .

1993The court then stated somewhat acridly that "[i]f this cause of action were permitted to continue, any party to a matrimonial action who alleged adulteiy would now have a separate tort action for .damages for ‘AIDS-phobia’ because unfortunately in this day and age any deviation from the marital nest could possibly result in exposure to AIDS.” Id. 16 .

11993–1993
Williams v. S. & W. Const. Co. green
tenn · 1934
2 sentences

1978Construction Co., 167 Tenn. 84 , 66 S.W.2d 992 (1934), the trial court dismissed a claim for the loss of an eye because the employee previously had received full compensation from another employer for the permanent total loss of the same eye.

1978Construction Co., 167 Tenn. 84 , 66 S.W.2d 992 (1934), the trial court dismissed a claim for the loss of an eye because the employee previously had received full compensation from another employer for the permanent total loss of the same eye.

11978–1978

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 20-12-119 (3) TN § Tenn. Code Ann. § 27-1-122 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 49 (1910–2025) IL 44 (1980–2026) OH 34 (1989–2025) TX 28 (1961–2024) PA 27 (1943–2025) WA 27 (1988–2024) CA 20 (1957–2025) FL 19 (1973–2024) MI 18 (1980–2024) LA 15 (1950–2025) NJ 12 (1966–2024) AZ 12 (1971–2023) CO 11 (1962–2026) MD 10 (1961–2020) TN 10 (1978–2022) OR 10 (1973–2026) WI 10 (1977–2025) VT 9 (1988–2023) OK 8 (1931–2023) MO 8 (1988–2017) UT 8 (1987–2025) AL 7 (1976–2026) DC 6 (1974–2021) MS 6 (1996–2019) IN 5 (1987–2015) NC 5 (2001–2017) GA 4 (1970–2017) VA 4 (1981–2016) SD 4 (2007–2018) NH 4 (1995–2017) KY 4 (1986–2020) ID 4 (1983–2018) NM 4 (1970–2011) DE 4 (2017–2026) SC 4 (1983–2025) AR 3 (1986–2023) KS 3 (1989–2023) WV 3 (1999–2005) IA 3 (1961–2017) NE 2 (1990–2005) ND 2 (2003–2005) RI 2 (1991–2004) WY 2 (1985–2018) CT 2 (1998–2014) MN 2 (1987–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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