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.

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

With Concurring & Dissenting Opinions

Court: TCA


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


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.



Corrected Opinion. Correction made on page 6.

Court: TCA


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

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


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.


Court: TCA


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.


Court: TCCA


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.

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

Dickson County Adequate Facilities Tax

TN Attorney General Opinions

Date: 2007-04-02

Opinion Number: 07-40


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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.
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