Monday, June 28, 2010

Court reviews whether the trial court failed to make an adequate award in a medical malpractice action

JAMES ERWIN v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (Tenn. Ct. App. June 28, 2010)

Plaintiff recovered a judgment in this medical malpractice action, and during the pendency of the case the workers compensation carrier for plaintiff's employer intervened asserting its subrogation interest in any recovery due to its having paid the medical bills plaintiff incurred as a result of his injuries. The Trial Court awarded attorney's fees and expenses to plaintiff's attorney and plaintiff has appealed, arguing that the Trial Court failed to make an adequate award. On appeal, we affirm the Judgment of the Trial Court.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/erwinj_062810.pdf

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