Representative Matters
Successfully represented a general surgeon after a patient sustained a common bile duct injury during a surgical procedure, which resulted in reconstructive surgery. Although defendant doctor admitted to the injury, she maintained that it was a complication within the standard of care. The jury agreed.
Successfully represented a real estate agent in a case where plaintiffs filed suit against their real estate agent and the seller of a three-bedroom home for misrepresentation and violation of the Tennessee Consumer Protection Act for failing to disclose that the property was permitted for only a two-bedroom home for septic purposes as well as "gray-water" drainage issues. The jury found otherwise and dismissed the case.
Successfully represented a psychiatrist sued by a family of a deceased inmate of the Metro Davidson County Jail. During the last few months of his life, he complained that he was hearing voices and suggested that he was suicidal. He was treated by a licensed counselor and a psychiatrist, who both later determined that he was malingering and was not suffering from a psychosis or other serious mental disorder. The inmate hanged himself two weeks after last seeing the mental health employees. Plaintiffs alleged that defendants showed deliberate indifference to the deceased inmate's serious mental illness and, therefore, his constitutional rights had been violated. After a two-day trial in the U.S. District Court, the jury found for the defendants.
Successfully represented a homeowners associations when a neighbor condo owner discovered, through a survey, that he owned additional "driveway area" - approximately 13 feet. The homeowner's association signed an amended plat. However, this discrepancy caused plaintiff to lose a portion of her driveway. Although the Association actually owned the driveway, the plaintiff did have an easement for usage. During the driveway "renovation", the condo neighbor and his workers made several callous comments to the plaintiff which infuriated her. Thereafter, plaintiff sued claiming her condo unit was devalued and she had to sell her car because there was not enough room to turn around.
Successfully represented a doctor for injuries a plaintiff sustained when he fell during a sleep study test after being given the drug Ambien.
Successfully represented a real estate company and agent in a suit where plaintiff alleged that seller and agent failed to disclose that home purchased contained mold and was not connected to city water and that the source of water to the home (well water) contained "black sulpher water." Arguing that the plaintiff had no facts to substantiate allegations that realtor knew of any deficiencies in the house or that Plaintiff reasonably relied on any representations by the agent, Defendant real estate company and agent had the case dismissed.
Successfully represented a Juvenile Court Judge sued by a party for granting temporary custody of plaintiff's children to their maternal grandparents with no notice to plaintiff. In his motion for dismissal, we raised several defenses but, key among them was judicial immunity which protects judges of general jurisdiction from being held civilly liable for their judicial acts, even though their acts may be in excess of their jurisdiction or allegedly done maliciously or corruptly. The case was dismissed.
