Committee moves AG election bill; Senate passes med mal

Late this afternoon, the Senate Judiciary Committee recommended on a 5-4 vote SJR139, legislation that requires popular election of the attorney general. Prior to acting on the bill, the committee heard from Attorney General and Reporter Bob Cooper who opposes the proposal. The TBA also opposes the measure.

The committee also unanimously approved SB926, a TBA-backed bill addressing vacancies created when a judge dies before taking office. Action on SB1493, which provides tort damages in divorce cases, was not considered when the committee ran out of time. The TBA opposes this proposal.

-- Also today, the Senate Finance Committee unanimously approved a TBA-backed bill (SB1373) to treat transfers to a revocable living trust the same as testamentary transfers.

-- Yesterday, the state Senate unanimously approved a compromise bill (SB2001) aimed at curbing medical malpractice lawsuits. Focus now shifts to the House where the Civil Practice Subcommittee of the House Judiciary Committee has deferred consideration of the bill until April 17. The Nashville City Paper has the story.


TODAY'S OPINIONS
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Editor-in-Chief, TBALink

CHATTANOOGA-HAMILTON COUNTY HOSPITAL AUTHORITY d/b/a ERLANGER HEALTH SYSTEM v. BRADLEY COUNTY, TENNESSEE, ET AL.
With Concurring & Dissenting Opinions


Court: TCA

Attorneys:

James F. Logan, Jr., Cleveland, Tennessee, for the Appellant, Bradley County, Tennessee

Fred H. Moore, Joseph R. White, and C. Eugene Shiles, Chattanooga, Tennessee, for the Appellee, Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System

Ronald D. Wells and Stacy Lynn Archer, Chattanooga, Tennessee, for the Appellee, City of Cleveland, Tennessee

Judge: SWINEY

The Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System (Erlanger) seeks to recover from Bradley County medical expenses provided to a patient who was involved in a shooting in Cleveland, Tennessee. In the early morning hours of March 24, 2001, Brandon Ramsey (Ramsey) was involved in a shootout with an off-duty Chattanooga police officer following a disturbance at a local bar. Due to the seriousness of Ramsey's injuries, he eventually was transported to Erlanger hospital in Chattanooga. Later that same day, a police hold was placed on Ramsey. The police hold remained in effect until April 5, 2001. Ramsey was discharged from the hospital on April 21, 2001. Ramsey incurred a total of $117,177.36 in medical bills. Erlanger filed suit pursuant to Tenn. Code Ann. section 41-4-115 seeking to recover the entire $117,177.36 from Bradley County. The Trial Court determined that Bradley County was responsible for Ramsey's medical care only during the time that Ramsey was under a police hold while at Erlanger, which amounted to $51,095.00. Bradley County appeals claiming it should not be held responsible for any of the medical bills. Erlanger claims Bradley County should be responsible for all of the medical bills. We affirm.

http://www.tba2.org/tba_files/TCA/2007/erlangerhealth_040307.pdf

SUSANO CONCURRING
http://www.tba2.org/tba_files/TCA/2007/erlangerhealth_con_040307.pdf

LEE DISSENTING
http://www.tba2.org/tba_files/TCA/2007/erlangerhealth_diss_040307.pdf


LAUREN EUGENE LESLIE v. GENE LESLIE
Corrected Opinion. Correction made on page 6.


Court: TCA

Attorneys:

Peter Alliman, Madisonville, Tennessee, for the appellant, Lauren Eugene Leslie

Clifford E. Wilson, Madisonville, Tennessee, for the appellee, Gene Leslie

Judge: SUSANO

The plaintiff, Lauren Eugene Leslie, fell down steps at his parents' home as he was carrying a toilet that he had removed from their "powder room." The plaintiff filed this suit against his father, Gene Leslie, alleging negligence. Both the plaintiff and his father testified at trial that the plaintiff fell because he tripped over a bowl of dog food that had been left on the steps by the defendant. This version of how the accident happened was at odds with a statement given by the defendant to an insurance adjuster one month after the accident. Following a bench trial, the court concluded that the plaintiff had failed to prove that his fall was caused by the bowl of dog food. The plaintiff appeals, challenging the trial court's credibility determinations and conclusion that causation had not been proven. We affirm.

http://www.tba2.org/tba_files/TCA/2007/lesliel_corr_040307.pdf


CARRIE DENNING NOLLEY v. PAUL EICHEL, ET AL.

Court: TCA

Attorneys:

H. Thomas Parsons, Manchester, Tennessee; James Edwards, Madison, Tennessee, for the appellant, Carrie Denning Nolley

Richard E. Spicer, Nashville, Tennessee, for the appellees, Pat Patton and Eight Tracks Management Co., LLC

Judge: CAIN

Bar patron filed a negligence action against bar owners for injuries sustained when she slipped and cut her hand on a broken beer bottle. Defendants filed a motion for summary judgment which the trial court granted finding that Plaintiff failed to establish that Defendants had actual or constructive notice of the dangerous condition. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2007/nolleyc_040307.pdf


RONALD ROBINSON v. HOWARD CARLTON, WARDEN, and the STATE OF TENNESSEE

Court: TCCA

Attorneys:

Peter Alliman, Madisonville, Tennessee, for the appellant, Ronald Robinson

Robert E. Cooper, Jr., Attorney General and Reporter; and Jennifer Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee

Judge: OGLE

The petitioner, Ronald Robinson, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/robinsonr_040307.pdf


Investigative Reports Sent to the District Attorney General by Law Enforcement Agencies in Anticipation of Potential Criminal Litigation

TN Attorney General Opinions

Date: 2007-04-02

Opinion Number: 07-39

http://www.tba2.org/tba_files/AG/2007/ag_07-39.pdf

Dickson County Adequate Facilities Tax

TN Attorney General Opinions

Date: 2007-04-02

Opinion Number: 07-40

http://www.tba2.org/tba_files/AG/2007/ag_07-40.pdf

TODAY'S NEWS

Legal News
Passages
BPR Actions
TBA Member Services
Your practice

Legal News
Gibson decision could come late this week
A spokeswoman for the Tennessee Board of Professional Responsibility said Friday that the board will not hear closing arguments or receive written closing statements in the case of 13th Judicial District Attorney General William "Bill" Gibson, and that a decision about his law license could come by the end of the week. Meanwhile, a Tennessee Bureau of Investigation spokesperson said that agency's investigation into Gibson is "fluid and on-going."
The Crossville Chronicle reports
Click here for a list of individuals who have testified in the case
Juvenile court proposals multiply
Already embroiled in a legal fight with Juvenile Court Judge Curtis Person over the creation of a second judgeship, members of the Shelby County Commission are proposing other changes to the court, including replacing appointed referees with elected judges, creating specialty dockets and requiring diversity training for employees.
The Memphis Commercial Appeal has the story
'Trial of the century' to start soon
In what is being called Memphis' "trial of the century," federal prosecutors are preparing to unveil video tapes showing former state Sen. John Ford taking money from undercover FBI agents with the promise of votes. University of Memphis law professor Steve Mulroy comments on the trial's expected length and the prosecution's jury selection strategy on WREG-TV Memphis.
Read his remarks
Court rebukes EPA on emissions
The Supreme Court on Monday ruled 5-4 that the Environmental Protection Agency violated the Clean Air Act by refusing to regulate greenhouse gas emissions. It was the court's first examination of a global warming question.
Read more in the Memphis Commercial Appeal
Bass Berry signs for new space
The Nashville office of Bass Berry & Sims is the first tenant to sign a lease for space in a new 28-story, environmentally friendly office tower on the south side of Broadway in an area known as "SoBro." The building is to be completed in 2009 and the firm will occupy the top seven floors. The building, the first of its kind in Nashville, will feature energy-efficient materials, a recycling center and parking facilities that encourage bicycle and small-vehicle use.
The Nashville Business Journal has more
First Lady launches statewide smoking ban tour
Tennessee First Lady Andrea Conte and other advocates of a bill to ban workplace smoking kicked off a statewide tour to bring attention to the issue with a Capitol rally yesterday.
Read about their efforts in the News Sentinel
Passages
Colorful court officer remembered
Frank M. Bess Jr. was a war hero, a Harley-riding constable, a pistol-brandishing court officer and probably Nashville's most-elected politician. He died Saturday at the age of 93 from a stroke suffered on March 21. In one of many reflections on Bess, Circuit Judge Barbara Haynes said she relied on his advice when she started practicing law.
Read about his life in the Tennessean
BPR Actions
Texas attorney reinstated
Tracey Coleman Conley of Ft. Worth has been reinstated to the practice of law in Tennessee after paying the annual BPR fee. She also recently completed the required continuing legal education.
View all attorneys suspended for fee violations in 2006
TBA Member Services
FedEx Drive Sweepstakes an added bonus
TBA members are entitled to discounts up to 21% on select FedEx shipments -- another great benefit of your membership in TBA. For more information or to enroll, simply call a FedEx Advantage customer specialist at 1.800.923.7089. For a limited time, you can enter the FedEx Drive Sweepstakes for a chance to win a $10,000 American Express Business Card statement credit and other prizes.
Sign up or register now
Your practice
Top software apps for solo practitioners
What are the top 10 software applications for solo practitioners? Author and attorney Rick Georges give you his opinion in the Law.com article.
Read more

 
 
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