Every year the Tennessee Administrative Office
of the Courts publishes the “Annual
Report of the Tennessee Judiciary” to provide information on cases filed
and decided in Tennessee. I previously provided an article showing the percentage of
trials in each Tennessee jurisdiction that resulted in damages (for personal
injury or death cases) for fiscal year 2011-2012. Based on the positive response to that
article, I decided a longer term review was warranted to get more accurate
numbers on how conservative or liberal a particular Tennessee jurisdiction is for
trials involving personal injury cases.
The statistics in the below chart are for a seven year period from July
1, 2005 – June 30, 2012. I will list the
counties in order with the most conservative at the beginning of the list (and
the most liberal at the bottom of the list) by percentage of personal injury or
death trials where damages were awarded:
District and County
|
Cases Tried
|
Cases Awarded Damages
|
Percentage of cases awarded damages
|
District 29 (Dyer,
Lake)
|
14
|
0
|
0
|
District 25
(Fayette, Hardeman, Lauderdale, McNairy, Tipton)
|
62
|
8
|
12.9
|
District 23
(Cheatham, Dickson, Houston, Humphreys, Stewart)
|
24
|
4
|
16.7
|
District 8 (Campbell, Claiborne, Fentress, Scott, Union)
|
198
|
34
|
17.1
|
District 15
(Jackson, Macon, Smith, Trousdale, Wilson)
|
61
|
11
|
18
|
District 28
(Crockett, Gibson, Haywood)
|
11
|
2
|
18.2
|
District 17
(Bedford, Lincoln, Marshall, Moore)
|
45
|
9
|
20
|
District 21
(Hickman, Lewis, Perry, Williamson)
|
121
|
29
|
23.9
|
District 2
(Sullivan)
|
56
|
14
|
25
|
District 12
(Bledsoe, Franklin, Grundy, Marion, Rhea, Sequatchie)
|
84
|
22
|
26.2
|
District 24
(Benton, Carroll, Decatur, Hardin, Henry)
|
65
|
19
|
29.2
|
District 1 (Carter,
Johnson, Unicoi, Washington)
|
101
|
30
|
29.7
|
District 27
(Obion, Weakley)
|
13
|
4
|
30.8
|
District 5
(Blount)
|
42
|
13
|
30.9
|
District 10
(Bradley, McMinn, Monroe, Polk)
|
170
|
54
|
31.7
|
District 18
(Sumner)
|
96
|
34
|
35.4
|
District 4 (Cocke,
Grainger, Jefferson Sevier)
|
114
|
41
|
35.9
|
District 9
(Loudon, Meigs, Morgan, Roane)
|
64
|
23
|
35.9
|
District 16
(Cannon, Rutherford)
|
136
|
49
|
36
|
District 11 (Hamilton)
|
324
|
117
|
36.1
|
District 3
(Greene, Hamblen, Hancock, Hawkins)
|
78
|
29
|
37.2
|
District 13 (Clay,
Cumberland,
Dekalb, Overton, Pickett, Putnam, White)
|
215
|
88
|
40.9
|
District 31 (Van
Buren, Warren)
|
28
|
12
|
42.9
|
District 6 (Knox)
|
389
|
165
|
45
|
District 7 (Anderson)
|
122
|
63
|
51.6
|
District 30 (Shelby)
|
495
|
268
|
54.1
|
District 19
(Montgomery, Robertson)
|
115
|
67
|
58.3
|
District 22
(Giles, Lawrence, Maury, Wayne)
|
53
|
31
|
58.4
|
District 26 (Chester, Henderson, Madison)
|
132
|
80
|
60.6
|
District 20
(Davidson)
|
470
|
296
|
62.9
|
District 14
(Coffee)
|
44
|
28
|
63.6
|
The prior post on these same statistics for the 2011-2012 fiscal
year showed that Shelby County was the most liberal of the large
jurisdictions with 63.3% of trials resulting in damage awards. Davidson County had a rate of 52.2% of trials
resulting in damage awards. Knox and
Hamilton counties, expectedly, showed up as the most conservative of the large
Tennessee jurisdictions where 37.7% and 35.7% of trials resulted in a damages
award. Interestingly, a seven year look
at the numbers changes the order and Davidson County becomes the most liberal
of the large jurisdictions for this time period. A total of 62.9% of personal injury or death trials
in Davidson County resulted in damage awards.
Shelby County showed a rate of 54.1% in the seven year review. Knox
County was next on the
list with 45% of trials resulting in damage awards. Hamilton
County had the lowest
percentage for the large counties with 36.1% of trials resulting in damage
awards.
Using these
statistics, the award for the most liberal jurisdiction over the last seven
years goes to Coffee County with a rate of 63.6% (something must be in the
coffee in that county – sorry, I could not resist). The award for the most conservative
jurisdiction goes to District 29 (Dyer and Lake Counties)
with a rate of 0%! Dyer and Lake
Counties have a very small sample size so an honorable mention award goes to
District 25 (Fayette, Hardeman, Lauderdale, McNairy, Tipton Counties) with a
12.9% rate even with 62 trials.
I hope this
information is helpful to allow you to better assess likely verdicts in
Tennessee. Let me know if you have any
suggestions for other statistical studies on Tennessee jurisdictions. There is a lot of information provided in the
annual reports of the Tennessee Administrative Office
of the Courts. It is simply a matter
of drilling down into the information to make it more usable.
Follow me on Twitter at @jasonalee for updates
from the Tennessee Defense Litigation blog.
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