Rachel Park Hurt currently focuses her practice on insurance defense, medical malpractice/healthcare liability defense, premises liability defense, and healthcare regulation.   Her successes at the trial court level (in both pre-trial motions and multiple jury and non-jury defense verdicts) and at the appellate court level exemplify her ability to prepare, research, write, and articulate winning strategies.  During her time at the firm, Rachel has obtained 15+ favorable appellate decisions, both in the Court of Appeals and Tennessee Supreme Court, and has obtained numerous pre-trial dismissals in both state and federal court.

 

RECENT SUCCESSES:

• 2020 – Summary Judgment in healthcare liability claim
• 2019 – Defense verdict in three-week healthcare liability trial in Knox County
• 2019 – Motion to Dismiss for failure to comply with pre-suit mandatory requirements
• 2019 – Motion to Dismiss for failure to comply with Rules of Civil Procedure – service of process
• 2018 – Summary Judgment in continuous healthcare liability claim
• 2018 – Motion to Dismiss in healthcare liability claim in Knox County
• 2017 – Summary Judgment in premises liability claim in Anderson County
• 2017 – Summary Judgment in healthcare liability claim in Cumberland County
• 2017 – Motion to Dismiss in healthcare liability claim in Cumberland County
• 2016 – Defense verdict in a two-week healthcare liability trial in Knox County
• 2015 – Summary Judgment in a premises liability cause of action in Anderson County
• 2015 – Summary Judgment in an aviation cause of action in federal court, Eastern District of Tennessee

 

Significant appeals in which she has prevailed have addressed:

• The interpretation and application of the Health Care Liability Act (numerous opinions)
• The applicable statute of limitations for alleged defective improvement of real estate
• Premises Liability; failure of Plaintiff to meet burden of proof

 

Prior to joining the firm in 2009, Rachel clerked for Justice Cornelia A. Clark, Tennessee Supreme Court, and, during law school, was a legal extern for the Tennessee Sixth Judicial Circuit.

Rachel received her B.A., cum laude, from Syracuse University, where she was a nationally recognized player for the Syracuse Softball team. She received her Master’s in Public Administration from the #1 graduate program in the country, the Maxwell School of Citizenship & Public Affairs at Syracuse University. In 2007, Rachel graduated from the University of Tennessee College of Law, where she was a member of the Tennessee Law Review and Moot Court – Constitutional.

When not in the office, Rachel spends her time with her husband and children. If not with them, she can be found on the golf course.

 

Prior Professional Experience:

• Clerk, The Honorable Cornelia A. Clark, Justice, Tennessee Supreme Court (2007-2009)
• Extern, Tennessee Sixth Judicial Circuit (2006-2007)
• Clerk, Waller, Lansden, Dortch & Davis (Summer 2003, 2004)

 

Professional Recognition & Honors:

• Named the Best Lawyers® 2022 Litigation – Health Care “Lawyer of the Year” award in Knoxville
• Selected Best Lawyers (2020, 2021, 2022)
• Knoxville Bar Foundation Inductee (2020)
• University of Tennessee, Knoxville, Alumni Promise Award (2018) – highest award given by the University to alumnus under the age of 40
• Selected Super Lawyers Mid-South Rising Stars (2013 – present)
• Selected to City View’s Top Lawyers – medical malpractice defense (2015, 2019)
• AV Preeminent Rating from Martindale-Hubbell (2015 – present)
• Awarded Donald F. Paine Lawyer of the Year Award (2012)
• Awarded Pro Bono Advocacy Award (2013)
• Graduate, Tennessee Bar Association Law Leadership Program (2015)
• Member, American Inns of Court
• Member, Knoxville Bar Association, Tennessee Bar Association
• University of Tennessee College of Law – Law Review (2005-2007), Articles Editor (2006-2007)
• University of Tennessee College of Law – Constitutional Moot Court Team (2006, 2007)

 

Professional Associations & Leadership:

• Member of Federation of Defense and Corporate Counsel
• Adjunct Professor, University of Tennessee College of Law – pre-trial litigation (2012-present)
• Commissioner, Tennessee Commission on Continuing Legal Education (2013-2018)
• Interviewer, Tennessee Board of Law Examiners (2017 – present)
• Knoxville Bar Association, Barristers:
  • President (2016), Vice-President (2015), Hunger & Poverty Relief Committee (2014), Athletics Committee, (2012-2013)
  • President’s Award (2013)
• Knoxville Bar Association:
  • Nominating Committee (2013), Board of Governors (2015 – 2017), Functions Committee (2013-present); Board of Governors (2019-2022 term)

 

Civic & Community Leadership:

• Board-member, Secretary (2020) – MEDIC Regional Blood Center
• ETCH Philanthropy Board
• Covenant Health Pat Neal Golf Tournament Board of Directors

 

Publications & Presentations:

• The Business Judgment Rule Expanded in Disney, 8.2 Tenn. J. Bus. Trans. 458 (2007);
  “At Will” the De Facto Standard for Oral Agreements of Indefinite Duration, 8.1 Tenn. J. Bus. Trans. 208 (2007).
• Competing Interests: Punish v. Passing Constitutional Muster, A Discussion of Punitive Damages in Tennessee, DICTA, Oct. 2010;
• I Object to Your Objection, DICTA, Sept. 2011;
• Being a Mentor Can Change Two Careers, DICTA, Nov. 2013;
• There’s a Reason We Are the Volunteer State, Knoxville Business Journal, December 2013;
• Understanding HIPAA & Why You Should – 2014
• CLE Update, DICTA, Jan. 2015;
• Herpetology: The Study of Lizards, Snakes, & Turtles (Reptilian Theory and how to defend against) – 2015
• Controlled Substances: Don’t Misuse, Abuse, Over Prescribe, or Fail to Report – 2015

 

Recent Representative Cases:

Landrum: Obtained summary judgment for business sued for premises liability, arguing that the plaintiffs could not prove an essential element of their claim at trial. Court of Appeals affirmed.
Foster: Obtained dismissal in the trial court, which was affirmed by the Tennessee Supreme Court, arguing that the plaintiff failed to provide proper notice prior to re-filing a healthcare liability claim.
Mayo: Obtained a defense verdict, after a 10-day trial, in a healthcare liability lawsuit.
Murdock: Obtained a defense verdict, after a 9-day trial, in a healthcare liability lawsuit.
Wheelock: Obtained summary judgment in the trial court, which was affirmed by the Tennessee Court of Appeals, arguing that plaintiff could not prove an essential element of his claim at trial – causation.
Mise: Obtained summary judgment in the trial court, which was affirmed by the Tennessee Court of Appeals, arguing that plaintiff could not prove an essential element of his claim at trial – violation of the standard of care.
Ridenour: Obtained summary judgment in the trial court, which was affirmed by the Tennessee Court of Appeals, arguing that plaintiff had failed to state a claim for which relief can be granted.
Johnson: Obtained summary judgment in the trial court, which was affirmed by the Tennessee Court of Appeals, arguing that the plaintiff failed to provide proper notice prior to re-filing a healthcare liability claim.
Byrge: Obtained dismissal in the trial court, which was affirmed by the Tennessee Court of Appeals, arguing that the plaintiff failed to provide proper notice prior to filing his healthcare liability claim.
M.S.: Obtained dismissal in federal court, arguing that plaintiff had failed to state a claim against airline for which relief could be granted.
F.B.: Obtained summary judgment in federal court, arguing that plaintiff’s §1983 claim failed as a matter of law.
Householder: Obtained summary judgment in the trial court in highly contested, multiple-defendant, medical malpractice matter.
Braden: Obtained summary judgment in the trial court in highly contested, multiple-defendant, medical malpractice matter.
Owens: Motion to Dismiss granted where Plaintiff failed to comply with pre-suit requirements of healthcare liability act.
Jernigan: Obtained summary judgment in the trial court in highly contested, multiple-defendant, medical malpractice matter.