LISA WOMBLE v. UNIVERSITY HEALTH SYSTEM, INC. d/b/a UNIVERSITY OF TENNESSEE REGIONAL MEDICAL CENTER, ET AL. - Articles

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Posted by: Tanja Trezise on Jan 16, 2014

Court: TN Court of Appeals

Attorneys 1:

Robert Cooper, Jr., Attorney General and Reporter, William E. Young, Solicitor General, and Melissa Brodhag, Assistant Attorney General, Nashville, Tennessee, for the intervenor/appellant, Robert E. Cooper, Jr., Attorney General and Reporter.

Attorneys 2:

George T. Underwood, Jr., Knoxville, Tennessee, for the appellee, Lisa Womble.

Howard B. Jackson and Ronald G. Daves, Knoxville, Tennessee, for the appellee, University Health System, Inc.

Judge(s): MCCLARTY

In the wake of her firing from the University of Tennessee Regional Medical Center in Knoxville, Tennessee, a nurse brought an employment action raising numerous claims. At the time the nurse originally began working at the medical center, it was owned and managed by the University of Tennessee and she was considered an employee of the university. In 1999, the university executed a lease and transfer agreement pursuant to Tennessee Code Annotated section 49-9-112, by which the operation of the medical center was transferred to a private, nonprofit corporation. Hospital personnel, like the nurse, who had been university employees prior to the transfer, were thereafter “leased” by the private, nonprofit corporation from the university. This interlocutory appeal stems from the trial court’s sua sponte ruling that Tennessee Code Annotated section 49-9-112(a) is unconstitutional. We reverse the determination of the trial court.

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