Item: The Law Offices of John Day, P.C.
Rating: 5
Author: Jamar Gibson

The following section from Day on Torts Leading Cases in Tennessee Tort Law is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at www.birddoglaw.com. (Additional information below.)

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Day on Torts: Leading Cases in Tennessee Tort Law

Chapter 63: Products Liability

§63.4 Causation in Products Liability Cases

The Case : Mohr v. DaimlerChrysler Corp., 2008 WL 4613584 (Tenn. Ct. App. Oct. 14, 2008).

The Basic Facts: Plaintiffs tried products claim against manufacturer of mini-van. One issue on appeal was the adequacy of plaintiff's proof on what caused the plaintiff's seat belt to release.

The Bottom Line:

"DCC contends that, because the Plaintiff's experts declined to give an opinion as to what caused Ms. Heathscott's belt to release, the finding of liability on the part of DCC concerning Ms. Heathscott's death should be reversed. We disagree. While expert testimony may be required to prove causation in 'technically complex' cases, see, e.g., Fulton v. Pfizer Hospital Prods. Group, Inc., 872 S.W.2d 908 (Tenn. Ct. App.1993), the issue of causation is ultimately one for the jury to determine, and 'this Court has noted that a jury may infer a causal connection through the use of circumstantial evidence, expert testimony or both.' Hamblen v. Davidson, 50 S.W.3d 433, 440 (Tenn. Ct. App.2000)." 2008 WL 4613584 at *7.

After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866.812.8787.

The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

The book is now available electronically by subscription at www.birddoglaw.com. The new format allows us to keep the book current as new opinions are released. BirdDog Law also has John's Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Statutes available by subscription, as well as multiple free resources to help Tennessee lawyers serve their clients

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