Rachel

Park Hurt

Rachel

Park Hurt

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 20+ 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.

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.

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

 
RECENT DEFENSE VERDICTS/FAVORABLE RULINGS INCLUDE:
  • 2024 – Motion for Summary Judgment for Defendant following exclusion of Plaintiff’s standard of care Expert
  • 2023 – Trial verdict in favor of client (commercial contractor) in contract dispute litigation
  • 2023 – De minimis settlement of lengthy and protracted healthcare liability cause of action after Plaintiff’s expert witnesses excluded
  • 2022 – Motion for Summary Judgment in complicated birth injury litigation
  • 2022 – Motion for Summary Judgment – apparent agency and vicarious liability
  • 2021 – Motion for Summary Judgment in birth injury litigation
  • 2019 – Motion to Dismiss for failure to comply with presuit mandatory requirements
  • 2019 – Motion to Dismiss for failure to comply with Rules of Civil Procedure – service of process
  • 2019 – Defense verdict in two+ week healthcare liability cause of action
  • 2018 – Summary Judgment in continuous healthcare liability claim lasting four years in Anderson County
  • 2018 – Motion to Dismiss in healthcare liability claim in Knox County
 
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 estat
  • Premises Liability; failure of Plaintiff to meet burden of proof

 

Professional Recognition & Honors:
  • Best Lawyers – Lawyer of the Year (Health Care – Knoxville) – 2022, 2023, 2024
  • Best Lawyers (practice areas: Health Care Law, Litigation – Health Care, Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants) – 2020, 2021, 2022, 2023, 2024
  • Super Lawyers: Top Attorneys in the Mid-South – 2023
  • Super Lawyers – 2022, 2023
  • Super Lawyers Mid-South Rising Stars – 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020
  • Martindale-Hubbell: AV Preeminent (judicial edition) – (2015- present)
  • Selected to City View’s Top Lawyers – medical malpractice defense (2015, 2019, 2020, 2021, 2022, 2023)
  • University of Tennessee Chancellor Promise Award (2018) – highest award given by the University to alumnus under the age of 40
  • Graduate, Tennessee Bar Association Law Leadership Program (2015)
  • Awarded Pro Bono Advocacy Award (2013)
  • Awarded Donald F. Paine Lawyer of the Year Award (2012)
  • Member, American Inns of Court
  • Member, Knoxville Bar Association, Tennessee Bar Association

 

Professional Associations & Leadership:
  • Adjunct Professor, University of Tennessee College of Law – pre-trial litigation (2012-2015)
  • Commissioner, Tennessee Commission on Continuing Legal Education (2013-2019)
  • Interviewer, Tennessee Board of Law Examiners (2020 – present)
  • Knoxville Bar Association:
    • KBA President (2026)
    • KBA Vice President (2025)
    • KBA Treasurer (2024)
    • KBA Secretary (2023)
    • KBA Board of Governors (2019-2021, 2023-2026)
    • Nominating Committee (2013), Board of Governors (2015 – 2017), Functions Committee (2013-present); Board of Governors (2019-2022 term)
  • Knoxville Bar Association, Barristers:
    • President (2016), Vice-President (2015), Hunger & Poverty Relief Committee (2014), Athletics Committee, (2012-2013)
    • President’s Award (2013)

 

Civic & Community Leadership:
  • Civic & Community Leadership:
  • Fort Sanders Foundation (2021 – present)
  • MEDIC Regional Blood Center (Board Member 2014-2022)
  • Covenant Health Pat Neal Golf Tournament Board of Directors (2014-2020)
 
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
  • Winter Weather Advisory: The Premises Liability Hazards Caused by Snow, Sleet, and Ice, Knoxville Business Journal
  • 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
  • Dates, Deadlines, and To-Dos – 10 Practice Tips for Calendaring, DICTA
  • It’s All a Game: Winning at Trial – Presentation on 9/24/18
  • Winning Your Case on Appeal: A Discussion on Hatfield – Presentation on 9/7/19
  • Ethics Bowl XIII: Justice League (Members of the Bar with BIG Personalities) – Presentation on 12/6/19
  • Damn Zoom Depositions, DICTA, 2020
  • New Lawyers Welcome Reception – remarks for new attorneys – Presentation on 1/30/2020
  • A Refresher on Depositions – Presentation on 9/16/2020
  • Dear Partner, A view from an Associates’ Desk – Presentation on 10/20/2020
  • Sharpen Your Skills: Tips and Techniques from Seasoned Trial Lawyers – Session Title: Setting the
  • Record for Appeal – Presentation on 2/26/21
  • 2nd Annual Sharpen Your Skills: Tips and Techniques from Seasoned Trial Lawyers – Session Moderator for panel: Judge Kristi Davis, Brooklyn Sawyer, Heidi Barcus – Presentation on 2/18/22
  • Ethics Bowl XVI Moderator – Presentation on December 2, 2022
  • Ethics Bowl XVII Moderator – Presentation on December 1, 2023
  • Tennessee Health Care Law Forum – Presenter April 18, 2024 (TITLE TBD)

 

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)

 

 

PRACTICE AREAS
  • Healthcare Liability
  • Premises Liability Defense
  • Insurance Defense: Commercial and Personal
  • Products Liability Defense
  • Healthcare Regulation
BAR ADMISSIONS
  • Tennessee, 2007
  • United States District Court, Eastern District of Tennessee, 2010
  • United States District Court, Middle District of Tennessee, 2024
  • United States District Court, Western District of Tennessee, 2024
EDUCATION
  • University of Tennessee College of Law, J.D. (2007)
    • Tennessee Law Review (2005-2007)
      • Articles Editor (2006-2007)
    • Constitutional Moot Court Team (2006, 2007)
  • Maxwell School of Citizenship & Public Affairs, Syracuse University, M.P.A. (2004)
  • Syracuse University, B.A. cum laude (2003)

Super Lawyers - Rachel Park Hurt