SHIRLEY COLLINS ET AL. v. JOHN D. CARTER ET AL. - Articles

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SHIRLEY COLLINS ET AL. v. JOHN D. CARTER ET AL.

Posted by: Karen Belcher on Apr 9, 2020

Court: TN Court of Appeals

Attorneys 1: Jeffrey A. Greene, Franklin, Tennessee, for the appellants, Shirley Collins, Willie Collins, Bill Jennings, and Kandie Jennings.

Attorneys 2: Thomas L. Kilday and Thomas J. Garland, Jr., Greeneville, Tennessee, for the appellees, John D. Carter, Beth Ann Fletcher, Robert Tyson Lamb, Stephanie Faye Wallin, Vera Miranda Cox, and Chuckey Utility District.

Attorneys 3: S. Douglas Drinnon, Dandridge, Tennessee, and T. Wood Smith, Greeneville, Tennessee, for the appellee, David M. Ellis.

Attorneys 4: R. Wayne Culbertson, Kingsport, Tennessee, for the appellee, Jamie Lamb. Edward L. Kershaw, Greeneville, Tennessee, pro se appellee.

Judge(s): MCBRAYER

Four family members sued their former employer and eight individual defendants after their employment was terminated amid allegations of malfeasance. The complaint alleged nine causes of action. The court dismissed the plaintiffs’ claims against the former employer and six of the eight individual defendants on summary judgment. The plaintiffs and the remaining two defendants then became embroiled in an extended discovery battle. The battle ended with the trial court dismissing the remaining claims with prejudice based on the plaintiffs’ failure to cooperate in discovery. We conclude that the trial court erred in granting summary judgment on the contract claims because the contract at issue was not ultra vires. Because we reverse that portion of the trial court’s decision, we also reverse the award of attorney’s fees under Tennessee Code Annotated § 29-20-113(a). We affirm the trial court in all other respects.

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