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Haws v. Bullock
592 S.W.2d 588 (Tenn. Ct. App. 1979) Haws v. Bullock
1 Citing case
Grant v. Kia Motors Corp.
185 F. Supp. 3d 1033 (E.D. Tenn. 2016) Cited 7 timesFinding that application of waiver rule unlikely by Tennessee Supreme Court and therefore holding that parents acting as next friends cannot recover children's pre-majority medical expenses through the children's claims
A plaintiff can recover for an increase in disability resulting from an accident , but not for [his] total disability resulting from the pre-existing condition plus the aggravation caused by the accident.McMurry v. Metro. Gov't of Nashville , 2003 WL 535918 at *7 (Tenn. Ct. App. Feb. 26, 2003) (emphasis added) (citing Haws v. Bullock , 592 S.W.2d 588 (Tenn. Ct. App. 1979) and Kincaid v. Lyerla , 680 S.W.2d 471 (Tenn. Ct. App. 1984) ). Accordingly, Dr. Burns' supplemental report need not show that Hudson's pre-existing psychological issues and behavior had "conclusively resolved" before the crash in order for Plaintiffs to collect damages.