Kay Anderson, attorney with The Hardison Law Firm in Memphis, Tennessee, successfully defended a general surgeon in the state Circuit Court in a case involving a low anterior repair operation. The plaintiff was a morbidly obese woman who had six previous abdominal surgeries. She presented to the emergency department with severe pain caused by diverticulitis. After a period of time to rest the bowel, the physician and his resident performed the procedure. They were able to visualize the ureters and move them away from the line of surgery. They successfully reconnected the colon to the rectum. After an uneventful post-operative course the patient was discharged. She returned to the emergency department with complaints of flank pain and was diagnosed with an obstructed ureter. A second surgery was performed to deal with this obstruction whereupon it was discovered that the ureter was parallel to the anastomosis with a staple across the ureter. The second surgery was a success and the plaintiff suffered no kidney damage. She subsequently developed a deep vein thrombosis and a hernia. She filed the lawsuit claiming the stapling of the ureter caused damages. After a two week trial, the jury found the physician had complied with the recognized standard of acceptable professional practice and was not liable.

TDLA welcomes new Young Lawyer members Caroline R. Williams with Hunter, Smith and Davis, LLP and Haley E. Moody with Leitner, Williams, Dooley & Napolitan, PLLC! 

TDLA thanks Michelle McBroom Weiss for her sponsorship this year. Ms. Weiss is a Vocational Consultant. Vocational rehabilitation and case management services include: vocational expert testimony; vocational evaluations; vocational testing; job placement assistance; job seeking skills; career guidance.

https://www.linkedin.com/pub/michelle-weiss/4/a14/952

TDLA would like to welcome the following New members to the Young Lawyers Section!

Robert E. Carden - Leitner, Williams, Dooley & Napolitan, PLLC

Hannah S. Lowe - Trammell, Adkins & Ward, P.C.

Brandon J. Stout - Rainey, Kizer & Bell, PLLC

Cara E. Weiner - Spears, Moore, Rebman and Williams

Yen-Chia (Eric) Shen - Liberty Mutual

Frances Koho - TVA

Attached below is a signed copy of the Givens/ Alsip/ Hayslett Fix. This was signed into law by Governor Haslam on April 24, 2015.

TDLA is greatly saddened by the passing of TDLA Past President Michael J. Philbin. Mike Philbin was TDLA President from 1993-94. TDLA extends its deepest sympathies to the entire Philbin family.

Services are all at Christ the King Catholic Church, 3001 Belmont Boulevard, Nashville, TN; visitation from 5-7 p.m. on Monday, April 27, in the parish hall, and 10-11 a.m. in the church followed by Mass of Resurrection at 11 a.m. Tuesday, April 28.

TDLA is pleased to advise the bill passed through the full House today 94-0 and through the full Senate 29-2.  The bill now goes to the Governor for signature.   

Thanks to the TDLA leadership and membership for supporting this important legislation that will aide defense lawyers across the State!

We are further pleased to announce the “Givens Fix Fix” bill passed through the House Civil Justice Committee, March 31st on a voice vote. We are pleased to advise the bill passed through the Senate Judiciary Committee yesterday morning by a vote of 6-2-1. One of our Members was called upon in the Senate to testify in support of the bill on behalf of the TNDLA and was proud to do so.

The bill will next be considered by the full House and Senate. We will keep you posted.

CHARLES HAYNES v. FORMAC STABLES, INC.

Court: TN Supreme Court

Attorneys:
Justin S. Gilbert, Chattanooga, Tennessee; Jonathan L. Bobbitt, Brentwood, Tennessee; and Jessica F. Salonus, Jackson, Tennessee, for the appellant, Charles Haynes.

James M. Glasgow Jr., Union City, Tennessee; Timothy R. Holton, Memphis, Tennessee; and Michael P. McGartland and Eugene E. Borchardt, Fort Worth, Texas, for the appellee, Formac Stables, Inc.

Robert D. Meyers, Ryan M. Skertich, and Brandon D. Pettes, Memphis, Tennessee, for the amicus curiae, the Tennessee Defense Lawyers Association

Judge: WADE

The plaintiff asserted claims for retaliatory discharge pursuant to both the common law and the Tennessee Public Protection Act, alleging that the owner of the employer had engaged in illegal conduct and had terminated the plaintiff’s employment when he acted as a whistleblower by complaining of the conduct to the owner. The trial court dismissed the plaintiff’s claims because, according to his own allegations, he had not reported the illegal activity to anyone other than the person responsible for the activity. The Court of Appeals affirmed. We hold that an employee must report an employer’s wrongdoing to someone other than the wrongdoer to qualify as a whistleblower, which may require reporting to an outside entity when the wrongdoer is the manager, owner, or highest ranking officer within the company. The judgment of the Court of Appeals is affirmed.

• haynesc_032715.pdf

Congratulations to TDLA member, David Eaton, who along with his partner,  Carl Hagwood, obtained a defense verdict in a matter involving a long-term care facility.  To learn more about this verdict, please go to the Members Only section.