Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
Divorce Incorporated, a family law firm based in Jackson, has opened a new office in Clarksville and moved its Collierville office to Memphis. The Clarksville office is located at 318 Franklin St., Clarksville 37040. It can be reached at (931) 896-2400. The firm’s new office in Memphis is located in the Forum I Building at 6750 Poplar Ave., Memphis 38138. It can be reached at (901) 672-7745. Divorce Incorporated is a boutique family law firm, focusing on, but not limited to, the areas of divorce, child custody, child support and other family law matters.
A item in Monday's TBA Today omitted a leader in the Legal Aid Society’s 2013 Campaign for Equal Justice and misidentified the campaign chair. Bradley Arant Boult Cummings partner and Nashville Pro Bono Program Chair Thor Urness will serve as the overall campaign chair for the 2013 fundraising effort, while Vic Alexander with KraftCPAs PLLC will serve as community chair.
SARAH WHITE v. TARGET CORPORATION Court: TN Court of Appeals
Attorneys:
Gregory D. Cotton, Collierville, Tennessee, for the Plaintiff/Appellant Sarah White
Betty Ann Milligan, Memphis, Tennessee, for the Defendant/Appellee Target Corporation
Judge: KIRBY
This appeal involves claims for intentional infliction of emotional distress, invasion of privacy, and misappropriation of image. The plaintiff, a customer of the defendant store, brought clothing into the store’s dressing room to try it on. While in a state of undress in the dressing room, the customer noticed in the reflection of her dressing-room mirror a globe on the store ceiling that appeared to contain a surveillance camera. Store employees initially told the customer that the globe contained a camera, but a store manager later told the customer that the ceiling globe did not contain a camera. Eventually, the plaintiff customer filed this lawsuit against the defendant store, seeking damages for, inter alia, intentional infliction of emotional distress, invasion of privacy, and misappropriation of image. The trial court granted summary judgment in favor of the defendant store. The plaintiff now appeals. We reverse, finding that the standard for summary judgment under Hannan v. Alltel Publishing has not been met in this case.
EDNA H. IRWIN, v. CHRISTOPHER MARTIN ANDERSON Court: TN Court of Appeals
Attorneys:
Dail R. Cantrell, Clinton, Tennessee, for the appellant, Edna H. Irwin.
George H. Buxton, Oak Ridge, Tennessee, for the appellee, Christopher Martin Anderson.
Judge: FRANKS
Plaintiff received serious injuries in an automobile accident, when she turned left in front of the oncoming vehicle operated by defendant. The suit resulted in a jury trial wherein the jury returned a verdict for defendant, which was approved by the Trial Judge. On appeal, we affirm the Trial Judge's Judgment.
NORMAN HILL v. DANNY TAPIA, JR., ET AL. Court: TN Court of Appeals
Attorneys:
James B. Johnson and Lauren Paxton Roberts, Nashville, Tennessee, for the appellant, Norman Hill.
C. Benton Patton, Nashville, Tennessee, for the appellees, Danny Tapia, Jr., and Tabet Enterprises.
David S. Zinn and Raney B. Cronin, Brentwood, Tennessee, for the appellee, Estate of Norma Aguila.
Judge: STAFFORD
This is a personal injury case resulting from an automobile accident. After the accident, Plaintiff/Appellant learned that he suffered from a degenerative disc disease, which required surgery. Appellant sued the two drivers involved in the accident for damages, which included his medical expenses for the disc surgery . At trial, Appellant’s surgeon’s deposition testimony was read to the jury, in which the surgeon testified that while the accident “aggravated” Appellant’s existing condition, the treatment he received was not “causally related” to the accident. Appellant offered another expert’s testimony, however, that did relate the treatment to the accident. At the close of proof, Appellant moved for a directed verdict on the issue of causation for his medical expenses, arguing that because the surgeon’s testimony was contradictory, it was subject to the cancellation rule. The trial court denied the motion and sent the issue to the jury. The jury returned a verdict for Appellant, but in an amount that did not include the medical expenses he incurred to treat the degenerative disc disease. Appellant was also awarded discretionary costs. After a careful review of the record, we affirm.
LATONY BAUGH, ET AL. v. UNITED PARCEL SERVICE, INC., ET AL. Court: TN Court of Appeals
Attorneys:
James S. Higgins, Nashville, Tennessee, for the Appellants, James Denzmore.
Dana C. Holloway and David A. Chapman, Knoxville, Tennessee, for the Appellees, United Parcel Service, Inc. and Jason Sanders.
H. Anthony Duncan, Nashville, Tennessee, for the Appellee, Latony Baugh.
Judge: DINKINS
Shortly after the mother of four children was killed in an accident, her husband instituted an action to recover damages for her death; the father of the children moved to intervene in the action and for the court to hold a hearing on whether the husband had abandoned the mother, thereby waiving his right as surviving spouse to participate in the wrongful death action. The trial court did not hold a hearing; rather, it held that the husband was the proper party to pursue the action, allowed the Guardian of the children to represent the interest of the children in the action, and dismissed Father’s petition. The surviving spouse, Guardian and tortfeasor subsequently petitioned the court for approval of a settlement of the wrongful death claim; the court granted the petition. Father appeals, contending that the court erred in failing to hold a hearing on the issue of whether the husband was estranged from the mother, in approving the settlement, and in placing the settlement documents under seal. We remand the case for a hearing on whether the husband waived his right as surviving spouse to participate in the wrongful death action and reverse the court’s placement of the settlement documents under seal; in all other respects the judgment of the trial court is affirmed.
THERESA A. KERBY v. MELINDA J. HAWS, MD, ET AL. Court: TN Court of Appeals
Attorneys:
Al H. Thomas, Memphis, Tennessee, for the appellant, Theresa A. Kerby.
Dixie W. Cooper, Kim J. Gruetzmacher, Nashville, Tennessee, for the appellees, Melinda J. Haws, MD, and The Plastic Surgery Center of Nashville, PLLC.
Judge: COTTRELL
A woman who suffered a series of persistent infections after surgery filed a malpractice complaint against the defendant surgeon. Her complaint alleged that the infections were cause by a small metal object that the defendant had negligently left in her body during the surgery. The plaintiff attached to her complaint the statutorily required certificate of good faith, which certified that she had consulted with an expert, who provided a signed statement confirming that he believed, on the basis of the medical records, that there was a good faith basis to maintain the action. See Tenn. Code Ann. § 29-26-122. After the object was discovered to be a surgical clip of a type that was designed to be retained by the patient’s body, the defendant filed a motion for summary judgment, which the plaintiff did not oppose. The defendant surgeon subsequently filed a motion for sanctions against the plaintiff under Tenn. Code Ann. § 29-26-122 (d)(3), which gives the court the authority to punish violations related to the certificate of good faith. The trial court granted the motion, and awarded the defendant doctor over $22,000 in attorney fees. We reverse.
ROSE A. CHAPMAN, ET AL. v. WELLMONT HOLSTON VALLEY MEDICAL CENTER Court: TN Court of Appeals
Attorneys:
Wendal D. Jackson, Bristol, Tennessee, for the appellants, Rose A. Chapman and Alfred C. Chapman.
Russell W. Adkins, Kingsport, Tennessee, for the appellee, Wellmont Holston Valley Medical Center, a member of Wellmont Health System.
Judge: SWINEY
Rose A. Chapman and Alfred C. Chapman (“Plaintiffs”) sued Wellmont Holston Valley Medical Center (“the Hospital”) regarding a fall Ms. Chapman suffered while a patient at the Hospital. The Trial Court entered judgment upon the jury’s verdict finding and holding that the Hospital was not at fault. Plaintiffs appeal raising one issue regarding whether the Trial Court erred in granting the Hospital’s motion in limine to exclude testimony about an apology and offer to pay bills allegedly made by one of the Hospital’s nurses. We find this issue has been waived, and we affirm.
It's been three years since Tennessee put an inmate to death, and problems with obtaining lethal injection drugs make it unlikely executions will resume anytime soon, Knoxnews.com says. The state's supply of sodium thiopental, one of three drugs used in lethal injections, was turned over to the federal government in 2011 over questions about how it was imported. The short supply of the drug has led many states to seek out alternatives. Tennessee officials, however, are staying tight-lipped about their plans. According to the Department of Correction, the agency is looking at options while monitoring steps being taken by other states. Records obtained by the Associated Press also show that the state has no supply of pancuronium bromide, a strong muscle relaxant given before the final injection of potassium chloride.
While members of the state House spent much of their first week in session wrangling over a new cap on how many bills each member can propose, Tennessee Senate Speaker Ron Ramsey is developing a plan of his own to cut down on the volume of bills, WPLN reports. Saying that the filing cap is not his preferred approach, Ramsey instead is considering dropping the deadline for filing bills. His rationale? Legislation would be higher quality if there’s no rush to file, duplication would be reduced as members see what others have drafted and lawmakers would be able to respond to current events that take place throughout the session.
Bradley Arant Boult Cummings partner and Nashville Pro Bono Program Chair Thor Urness will serve as community chair of the Legal Aid Society’s 2013 Campaign for Equal Justice fundraising effort. Urness has assembled a leadership team for the campaign that includes large firm co-chairs Dan Elrod with Butler, Snow, O’Mara, Stevens & Cannada and Riney Green with Bass, Berry & Sims; small firm co-chairs Edgar Rothschild with Rothschild & Ausbrooks and Emily Shouse with Waddey & Patterson; government attorneys chair Henry Martin with the federal Public Defender’s Office; judges co-chairs Chancellor Carol McCoy and Judge Dan Eisenstein; corporate attorneys chair Rachel Seifert with Community Health Systems Professional Services Corp.; and Williamson County attorneys chair Tara Swafford with The Swafford Law Firm. The Tennessean reported the appointments.
Davidson County General Sessions Court Judge Angelita Dalton will be the featured speaker at Lane College’s annual Dr. Martin Luther King Jr. chapel convocation on Wednesday. A native of Nashville and an alumna of the Jackson college, Dalton was the first African American woman elected to a judgeship in Nashville. Lane College was founded in 1882 by individuals committed to making sure that newly freed slaves would be able to read and write. The event will take place at 11 a.m. in the J.F. Lane Health and Physical Education Building, the Jackson Sun reports.
Chattanooga Mayor Ron Littlefield says his plan to name his deputy, Anita Ebersole, as city court clerk this month is a move designed to help the clerk’s office transition to modern times and implement a paperless system. But critics question why he's in such a rush to install Ebersole in the position just weeks before he leaves office. The court clerk's office has been run by an interim clerk for the last four and a half years. Two city judges served by the office reportedly are suspicious about Littlefield's proposal, reports Chattanoogan.com.
A coalition of Tennessee legal groups today announced a new toll-free phone line offering free legal information and referrals to low income Tenneseans. The service, known as aLEGALz, will help callers find resources to deal with civil legal issues. Those who cannot afford a lawyer may call the line at 888-aLEGALz (1-888-253-4259) and leave a message. Calls will be returned by a licensed Tennessee lawyer who will provide referrals to appropriate legal service providers, pro bono assistance programs, free legal clinics and social service providers.
aLEGALz is made possible through a grant from International Paper and funding from the Tennessee Commission on Continuing Legal Education and Specialization. The phone line, which was donated by AT&T, will be managed by the Tennessee Alliance for Legal Services (TALS) in coordination with the Tennessee Supreme Court Access to Justice Commission. The new service is the next step in an ongoing effort to improve access to the legal system for all Tennesseans. It will complement the existing web-based resource OnlineTNJustice.org – a joint project of TALS and the Tennessee Bar Association – which allows users to post legal questions and receive answers from volunteer attorneys through a secure online messaging service. Read more from the Supreme Court or download a description of aLEGALz.
Clarksville lawyer Cleveland C. Turner was reinstated to the practice of law on Jan. 11. He previously had been on disability inactive status since Jan. 14, 1997. Upon his application for reinstatement, the Board of Professional Responsibility determined that he had met the conditions imposed for reinstatement. Download the BPR notice
The Tennessee Supreme Court summarily and temporarily suspended Knoxville lawyer Robert Lawson Cheek Jr. on Dec. 28 after finding that he misappropriated funds for his own use and abandoned his law practice. The court also determined that he posed a threat of substantial harm to the public. The action was taken pursuant to Section 4.3 of Supreme Court Rule 9. Download the BPR notice
Eight attorneys have applied to fill the First Judicial District Criminal Court vacancy created by the retirement of Judge Lynn W. Brown. The Judicial Nominating Commission will hold a public hearing Feb. 8 to interview Kenneth C. Baldwin, Jonesborough; Dennis Dwayne Brooks, Elizabethton; Steven R. Finney, Johnson City; James Collins Landstreet II, Johnson City; Washington County Judge Robert Graham Lincoln; Gene Gilmer Scott Jr., Jonesborough; Danny R. Smith, Jonesborough; and Stacy Lee Street, Elizabethton.
Richard Gordon, former chief judge of the Social Security Administration Office of Disability Adjudication and Review Hearing Office in Chattanooga, has joined the law firm of Dale Buchanan and Associates as general counsel. According to Chattanoogan.com, Gordon served as an administrative law judge for 25 years, deciding over 10,000 Social Security disability cases. He also worked for the U.S. Department of Justice, the U.S. Court of Appeals for the First Circuit, as a judge with the U.S. Occupational Safety and Health Review Commission and as a Judge Advocate General in the U.S. Army Reserve.
A story on WZTV Fox 17 in Nashville extols the benefits provided by the Legal Aid Society and the Nashville Bar Association through the groups’ free legal clinics. Clinic volunteer John Farringer, a lawyer with Sherrard and Roe, explains how the clinic works and why lawyers are willing to donate their time and expertise to such endeavors. Learn more here.
The TBA’s Leadership Law program this week begins its 10th year with an opening retreat for the class of 2013. Programming started Thursday afternoon and continues through Saturday at Montgomery Bell State Park. The 32 members of the class have already heard from some of the leading lawyers in the state, including Byron Trauger, Houston Gordon, Lewis Donelson, Randy Kinnard and TBA presidents Jackie Dixon, Gail Ashworth, Pam Reeves, Charles Swanson and John Tarpley. The group will meet monthly until graduating during the 2013 TBA Convention in Nashville June 12-15.
