New Post on the Day on Torts dated 12/21/2024
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

TPPA petition to dismiss not affected by nonsuit where defendant also filed motion for summary judgment.

By The Law Offices of John Day, P.C. on Dec 20, 2024 05:59 am

Where defendant had filed both a TPPA petition to dismiss and a motion for summary judgment, plaintiff was not allowed to voluntarily dismiss the action against that defendant.

In Garramone v. Dugger, No. M2023-00677-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2024), plaintiff filed a false light invasion of privacy claim against defendants based on events that occurred when plaintiff ran for re-election as a city commissioner. According to plaintiff, defendants were involved in creating a website that alleged plaintiff had been given a free pass on drinking and driving and speeding because she was a commissioner.

Defendant Curtsinger and Defendant Patrick both filed petitions to dismiss under the Tennessee Public Participation Act. Defendants asserted that the claim was related to their exercise of free speech. Defendant Patrick also filed a motion for summary judgment.


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