Cases of Note

Lafayette Insurance Company v. Jerry S. Roberts, et. al.

October 8th, 2013

Lafayette Insurance Company v. Jerry S. Roberts, et. al. 2013 TennApp. LEXIS 489 (Tennessee State Court of Appeals) April 17, 2013:  Christopher Crain won on appeal on behalf of Lafayette Insurance Company in this insurance coverage dispute matter.  Lafayette sought declaratory judgment that it did not owe a duty to defend or indemnify the insured in connection with an underlying lawsuit filed against the insured.  At issue was whether the plaintiff in the underlying suit was an “employee” or “temporary worker” according to the insurance policy.  The trial court denied a motion for summary judgment on the issue of whether the  injured plaintiff was a “temporary worker”.  The Court of Appeals reversed the trial court and ruled that the plaintiff in the underlying lawsuit was an “employee” pursuant to the policy and therefore the policy issued by Lafayette did not provide coverage for the claims against the insured.

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Roberson, M.D., et al

October 8th, 2013

Roberson, M.D., et al  No. W2012-01230-COA-R9-CV; filed April 17, 2013

Medical malpractice action.  Via interlocutory appeal, Plaintiffs challenged the constitutionality of Tennessee Code Annotated section 29-26-121, which requires a medical malpractice claimant to provide certain notice sixty days prior to filing suit.  The Court of Appeals concluded that T.C.A. 29-26-121 is not an unconstitutional infringement upon the courts' rule-making authority, that it is not preempted by HIPAA, and that it does not violate the equal protection and due process provisions of state and federal law.  The Court of Appeals affirmed and remanded.

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Moore v. Correct Care Solutions, LLC, 2013

October 8th, 2013

 Moore v. Correct Care Solutions, LLC, 2013 Tenn. App. LEXIS 199 (March 25, 2013) - Chapman Morrow and partner Reid Phillips won when the court of appeals upheld the trial court's dismissal of the claims against our client, Correct Care Solutions.  The court found that because the claims sounded in medical malpractice, the plaintiff's failure to comply with the mandatory provisions of the Tennessee medical malpractice statute required that the case be dismissed. 

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Curtis Myers v. AMISUB (SFH, Inc.)

October 8th, 2013

Curtis Myers v. AMISUB (SFH, Inc.), 382 S.W.3d 300 (Tenn. 2012)-Partners Tim Hayes and Kimberly Shields had the Tennessee Supreme Court rule that the trial court erred in not dismissing plaintiff's medical malpractice suit, as the information provided to defendants in his prior suit did not substantially comply with the pre-suit notice and certificate of good faith requirements of Tenn. Code Ann. §§ 29-26-121 and 29-26-122, and he did not demonstrate "extraordinary cause" for his failure to comply.  The plaintiff's non-suit of the original lawsuit and re-filing the lawsuit in compliance with the statute was not "extraordinary cause." 

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Isle Bock v. University of Tennessee Medical Group, Inc.

October 8th, 2013

Isle Bock v. University of Tennessee Medical Group, Inc., Case 2:08-cv-02650-STA-cgc, Document 123, filed March 26, 2012 (on appeal from the United States District Court for the Western District of Tennessee) Medical malpractice action.  Summary judgment was granted to UTMG and Plaintiff appealed.  Issue was whether Plaintiff's expert was competent and qualified to testify. The Sixth Circuit Court of Appeals remanded in light of Shipley v. Williams, 350 S.W.3d 527 (2011).  After remand, UTMG filed for summary judgment "in light of Shipley" and on February 12, 2013, UTMG, Inc.'s motion for summary judgment was again granted (16 page opinion).  Case 2:08-cv-02650-STA-cgc, Document 158.  This case is currently on its second appeal at The Sixth Circuit Court of Appeals.

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Certain Underwriters at Lloyds London, Syndicate 4444, v. Jagdish Patel d/b/a A & W Motel

October 8th, 2013

Certain Underwriters at Lloyds London, Syndicate 4444, v. Jagdish Patel d/b/a A & W Motel, 2011 U.S. Dist. LEXIS 60171 (United States District Court) June 3, 2011:  Partner Christopher H. Crain won summary judgment on behalf  of Underwriters in a declaratory judgment action.  Underwriters sought a declaration that it had no duty to defend or indemnify the insured in connection with the shooting death of a guest of the motel.  At issue was whether the “Expected or Intended Injury and Assault or Battery” exclusions precluded coverage for claims in an underlying lawsuit filed against the insured.  The federal court ruled that the insurance policy provided no coverage and therefore Underwriters had no duty to defend or indemnify the insured in connection with the underlying suit.

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