Judiciary Committee postpones medical malpractice debate

On a day that began with reports of a compromise on medical malpractice legislation, the Senate sponsor of SB2001, Mark Norris, R-Collierville, was granted leave to defer consideration of the bill for another week. Early this morning, the Nashville Post.com reported that compromise legislation was in the works. Sources involved in the negotiations confirmed that an agreement had been reached on pre-certification of case merit, exoneration or expungement of records when cases are non-suited, changes to pre-litigation interviews to address the holding of the Givens case, liberalization of the locality rule, and continuation of reporting by malpractice carriers. Reports also indicated that caps on non-economic damages, limits on attorney's fees and mandatory periodic payments were off the table.

The TBA opposes arbitrary caps on damages and limits on attorney's fees, and supports efforts to address issues raised by the holding in Givens.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

JENNIFER DUNN, Individually and as the natural mother and next of kin to JEREMIAS DUNN, deceased v. AMELIA DAVIS

Court: TCA


Nicholas E. Bragorgos and Pamela Warnock Green, for the appellant, Amelia Davis

John Daniel Richardson, Teresa A. Boyd, and Julian T. Bolton, for the appellee, Jennifer Dunn


This appeal arises from a wrongful death action tried by a jury. The jury allocated 51% fault to Defendant and assessed total damages in the amount of $1,250,000. The trial court denied Defendant's motions for new trial, remittitur, and judgment in accordance with motion for directed verdict; entered judgment against Defendant in the amount of $637,500; and awarded Plaintiff discretionary costs. Defendant appeals. We affirm in part, reverse in part, and remand with suggestion of remittitur.


With Concurring Opinion

Court: TCA


Henry L. Klein of Memphis, Tennessee for Appellant, Terry Riggan Lowery

John D. Horne of Memphis, Tennessee for Appellees, Linda Riggan Wood and Cheryl Riggan Benson

John C. Speer and Mary Katherine Hovious of Memphis, Tennessee for Appellee, First Tennessee Bank National Association


Appellant challenges the trial court's judgment dismissing Appellant's claims against the Executrix of her father's estate and enforcing the agreement made by the Appellant with her siblings to share equally in the net assets of her father's estate. We affirm.


KIRBY Concurring


Court: TCCA


Michael A. Colavecchio, Nashville, Tennessee, for the Appellant, William Clay Bohanan, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Hugh Ammerman and Katrin Miller, Assistant District Attorneys General, for the Appellee, State of Tennessee

Judge: HAYES

The Appellant, William Clay Bohanan, Jr., was convicted by a Davidson County jury of felony escape and vandalism of property valued under $500, a Class A misdemeanor. On appeal, Bohanan raises two issues for our review: (1) whether the trial court erred in failing to charge the jury on the defenses of duress and necessity; and (2) whether the evidence was sufficient to support the convictions. Following review, the judgments of conviction are affirmed.



Court: TCCA


Donnie W. Foulks, Mountain City, Tennessee, pro se

Robert E. Cooper, Jr., Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; for the appellee, State of Tennessee

Judge: WITT

The petitioner, Donnie W. Foulks, petitioned the Criminal Court for Johnson County for relief from his allegedly illegal sentence. The trial court held that the petition demonstrated no basis for relief and dismissed the petition. The state moves this court to affirm the judgment pursuant to Tennessee Court of Criminal Appeals Rule 20. We sustain the state's motion and affirm the order of dismissal.


With Order

Court: TCCA


Paul J. Bruno, Nashville, Tennessee, for the Appellant, Thomas Edward Hogue

Robert E. Cooper, Jr., Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Lisa Naylor, Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: WITT

Before the court is petitioner Thomas Edward Hogue's appeal from the Davidson County Criminal Court's dismissal of his October 2005 "Petition to Set Aside Guilty Plea and to Issue a Writ of Error Coram Nobis." Based upon an untimely filing of the petition, we affirm the order of dismissal.




Court: TCCA


T. Wood Smith, Greeneville, and James Bowman, Johnson City, Tennessee, for the appellant, Michael E. Lones

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Janet Hardin, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: OGLE

The appellant, Michael E. Lones, pled guilty in the Washington County Criminal Court to rape, and the trial court sentenced him to eight years in confinement. On appeal, the appellant claims that the trial court erred by denying his request for probation. Upon review of the record and the parties' briefs, we affirm the trial court's denial of probation. However, we remand the case for entry of a corrected judgment.



Court: TCCA


Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Jack Warren

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Sue Anderson, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: GLENN

The petitioner, Jack Warren, appeals the order dismissing his petition for post-conviction relief, arguing that because he received the ineffective assistance of counsel and was medicated, his guilty plea was not knowingly and voluntarily entered. Following our review, we affirm the post-conviction court's order of dismissal.


Constitutionality of Senate Bill 125

TN Attorney General Opinions

Date: 2007-03-05

Opinion Number: 07-24



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Knox Term Limits
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Read about his accomplishments in the Tennessean
BPR Actions
Sumner County attorney suspended
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Read the BPR release
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