Hill v. Germantown, (TN), et al. - Judgment for $313,000.00
McCracken v. Millington, (TN), et al. - Judgment for $196,000.00
Carleton v. Tulsa, (OK), et al. – Dismissed by 10th Circuit - 166 F.3d 1220 (10th Cir. 1999), cert. denied 120 S.Ct. 40 (1999)
Trigalet v. Tulsa, (OK), et al. – Dismissed by 10th Circuit - 239 F.3d 1150 (10th Cir. 2001), cert. denied 122 S.Ct. 40 (2001)
Isom/Tucker v. City of Grand Junction, (TN), et al. - Settled for $400,000.00
Mims v. Holly Springs, (MS) - Settled confidential amount
Brooks v. Millington, (TN), et al. - Settled for $50,000.00
McElroy v. City of Grenada, (MS), et al., - Settled $55,000.00
Godwin, et al. v. Gulf Shores, (AL) et al. - Settled confidential amount
Epps, et al. v. Lauderdale County, (TN), et al. - Total Recovery (state law) by Judgment and Settlement - $196,000.00; federal claims Dismissed by 6th Circuit - 45 Fed.Appx. 332 (6th Cir. 2002)
Harris v. Coweta County, (GA) et al. – Dismissed by U.S. Supreme Court (SCOTUS) in Scott v. Harris, 127 S.Ct. 1769 (2007)
Randolph v. Crossville, (TN), et al. – Judgment for $90,001.00 plus attorney fees
Swindle v. Memphis, (TN) – Judgment $300,000.00
Robinette v. Greene County, (TN) –Settlement (Greenville) - $25,000.00; Judgment (Greene County) - $91,902.00; Costs (Greene County) - $21,813.16
Rogers v. Rutherford County, et al. – Settled confidential amount
Restraint Asphyxia Cases
Brunson v. Shelby County Sheriff’s Department (TN), et al. - Settled with Shelby County for $3,500,000.00 plus unlimited future medical expenses for a man rendered comatose after being hog-tied by members of the Shelby County Sheriff’s Department
Boyd v. City of Memphis, (TN), et al. - Settled for $200,000.00
Duke v. Gwinnett County Police Department (GA), et al. - Settled for $400,000.00
Rich v. City of Savannah, (TN), et al. - Settled $300,000.00
Excessive Force Cases
Wright v. City of Memphis, (TN), et al. - Settled confidential amount
Barton v. Independence County, (AR), et al. - Settled $300,000.00
Palazola v. Memphis, (TN), et al. - Settled $300,000.00
Brown v. Memphis, (TN), et al. – Settled $20,000.00
Bland v. Memphis, (TN), et al. – Settled $300,000.00
Fortner v. Memphis, (TN), et al. – Settled $100,000.00
Partee v. Memphis, (TN), et al. – Defense verdict
Nelson v. Memphis, (TN), et al. – Settled $15,000.00
Letterman v. Miller County, (AR) – Settled confidential amount
Knox v. Miller County, (AR) – Settled confidential amount
Crift v. McGehee (AR), et al. – Settled confidential amount
Dreaden v. Humphries County (TN), et al. – Settled for $20,000.00 against Waverly defendants; dismissed against Humphries County Defendants.
Capps v. Humprheys County (TN) et al. – Settled $10,000.00
Smith v. Shelby County, et al. (TN) – Settled 72,500.00
Deadly Force Cases
Turner v. City of Henning Police Department (TN), et al. - Settled confidential amount
Thompson v. City of Lebanon, (TN), et al. – Settled confidential amount
Peatross, et al v. City of Memphis, (TN) s, et al– Settled confidential amount
Royal v. City of Columbus (MS), et al – Pending
False Arrest Cases
Anderson v. City of Memphis, (TN) et al. - Settled $20,000.00
Taylor v. City of Brownsville, (TN) et al. - Settled $15,000.00
Gater/Hendrix/Christian v. City of Brownsville, (TN), et al. - Settled $29,000.00
Crawford/Graham v. City of Brownsville, (TN), et al. – settled $10,000.00
Shuart v. Sevier County (TN), et al. – Settled confidential amount
Milligan v. Nashville, (TN) et al. – Settled Nashville - $250,000.00; Dismissed against United States and Sinclair Broadcasting.
Parrish v. Millington, (TN) – Settled $10,001.00
Rushing v. Memphis, (TN) – Settled confidential amount.
State Created Danger
Finley v. Dyersburg, (TN), et al. - Settled $175,000.00
Jane Doe v. Private Prison Company – Settled $790,000.00
Reidel v. Greene County (TN) – Settled $180,000.00
Sullivan v. Anderson County, (TN), et al. – Settled confidential amount
Smith v. Aramark – Settled confidential amount
Freeman v. Aramark – Settled confidential amount
Bobo v. UPS – Settled confidential amount
Beard v. Bellsouth – Settled confidential amount
Graves, et al. v. Oakland – Settled five separate claims against Town of Oakland
Green v. Sheriff Rambo – Settled confidential amount
Crumley v. Greyhound – Settled confidential amount
Goree/Wherry v. UPS I – Jury Verdict $4,600,000.00; reduced to $2,000,000.00; reduced verdict affirmed on appeal
Jones v. Complex Industries – Verdict $452,000.00; confidential settlement
Shamsabdi v. Motel 6 – Settled confidential amount
White v. Nashville – Defense Verdict
Johnson, et al v. ONYX - Settled confidential amount
Access to Public Records
Clarke v. Memphis – access granted; no fees granted
Friedman (PLN) v. Corrections Corporation America – access granted; fee granted $50,000.00
Clarke v. Memphis (2) – access granted; fees granted
General Civil Rights
Murphy v. Motel 6 – Settled $20,000.00
Skaggs v. ETHRA – Settled $200,000.00
Wilson v. ETHRA – Judgment $300,000.00
Bauswell v. Scott County, (TN) – Judgment $50,000.00
Doe v. Knox County Board of Education – Judgment for $65,000.00 against teacher; verdict in favor of KCBE.
Wright v. Memphis – Defense verdict.
Johnson v. Memphis – Settled $180,000.00
Brunson v. Shelby County. Mr. Brunson was a young black man who was beaten and "hog-tied" by the Shelby County Sheriff's Department in 1991. After being hog-tied, Mr. Brunson suffered anoxic brain damage which rendered him comatose. The case was ultimately settled with Shelby County for $3,500,000.00 plus unlimited future medical expenses. In reaching this settlement, the Defendants argued that the future medical expenses of Mr. Brunson would not be substantial because Mr. Brunson’s life expectancy was greatly diminished due to his serious injuries. However, Mr. Brunson lived for 21 years before passing away.
Bradshaw v. Daniel, 854 S.W.2d 865 (Tenn. 1993). Case of first impression in Tennessee where the Supreme Court held that a physician has a duty to warn foreseeable third parties of the risks of exposure to a non-infectious disease, Rocky Mountain Spotted Fever.
Volz v. Ledes, 895 S.W.2d 677 (Tenn. 1995). Supreme Court clarified that the burden of proof for a plaintiff in a medical malpractice case is a “mere preponderance of the evidence” that a physician's malpractice caused injury not “to a reasonable degree of medical certainty.”
Alexander v. BB Kings, 108 F.Supp.2d 934 (W.D. TN 1999). Mr. Alexander was a patron at BB King’s Night Club. Mr. Alexander became intoxicated and was involved in an altercation with bouncers. Mr. Alexander died from compression asphyxia. After a lawsuit was filed and depositions of the bouncers taken, the parties settled for a confidential amount.
Culbreath v. First State Bank Nat'l Ass'n, 44 S.W.3d 518 (Tenn. 2001). Tennessee Supreme Court held that punitive damages can be assessed against a successor bank corporation based on the conduct of the predecessor bank corporation.
Morris v. Alco Management & B.R.K. Brands. A fire at an apartment complex caused the death of a mother and serious burn injuries to her son. A negligence action was filed against the apartment complex for improperly installing the smoke detector and a products liability action was filed against the smoke detector company for producing a defective smoke detector. The cases against both the apartment complex and the smoke detector company were settled for a confidential amount.
Thomas v. Nissan. Mr. Thomas was working at a factory when a forklift tipped forward and released a 3,400 pound spool of wire. The spool of wire landed on top of Mr. Thomas, causing serious crush injuries to his legs and pelvis. The forklift in question was originally rated to carry six thousand pounds and Nissan allegedly modified the forklift to carry six thousand eight hundred pounds. In this products liability action, the Plaintiff proved that the modification made by Nissan was not sufficient to carry a 3,400 pound load. The Plaintiff settled the case for a confidential amount.
Metcalfe v. Waters, 970 S.W.2d 448 (Tenn. 1998). In this legal malpractice case, the Defendant committed malpractice and engage in a conscious effort to conceal his malpractice. In the legal malpractice case, the Plaintiff sought both compensatory and punitive damages. At trial, the jury awarded both compensatory and punitive damages. On appeal, the award of punitive damages was reversed because the conduct that formed the basis of the award of punitive damages was not contemporaneous with the conduct that caused the compensatory damages. The Supreme Court reinstated the punitive damages award by noting that punitive damages are recoverable in legal malpractice actions and that the conduct forming the basis of the punitive damages award need not be contemporaneous with the conduct forming the basis of the punitive damage award.
Hill v. Germantown, 31 S.W.3d 234 (Tenn. 2000). During a high-speed pursuit of a traffic offender by the Germantown Police Department, two innocent third parties were killed and a child was injured. After a verdict in the high-speed pursuit case, the Defendant appealed and the Plaintiffs filed a cross-appeal regarding the damages recoverable in a wrongful death action. In the original action, the Plaintiffs sought damages for the loss of love, affection and consortium of family members of the deceased parties. After the Supreme Court ruled that these damages were recoverable, the Court of Appeals held that the Supreme Court’s ruling did not retroactively apply to cases filed prior to the decision. The Supreme Court reversed and held that loss of consortium damages are available in all pending cases where the issue was raised.
Gipson v. Methodist Hospital, et al. Medical malpractice case against physician and hospital for injuries sustained by a child during labor and delivery. Child was diagnosed with cerebral palsy after delivery. Case settled against the doctor and hospital for a confidential amount.
Doe v. Dixie Stampede – Sexual assault of minors. Settled confidential amount.
Scott v. Harris, 127 S.Ct. 1769 (2007). United States Supreme Court reversed 11th Circuit opinion holding that summary judgment was properly denied and dismissed case filed by Plaintiff alleging constitutional violation against police officer who intentionally rammed a fleeing suspect during the course of a pursuit.
Milligan v. Metropolitan Government of Nashville and Davidson County, et al., 644 F.Supp.2d 2010 (M.D. TN 7/21/09). Plaintiff was falsely arrested during a federal law enforcement operation (Operation Falcon). Plaintiff filed a Bivens action against the federal law enforcement officers, FTCA claim against United States, a Monell action against Nashville and a defamation action against Sinclair Broadcasting. Plaintiff alleged that the policies, practices and customs of Nashville’s Warrants’ Division were maintained with deliberate indifference to the risk of false arrest. District Court denied Nashville’s Motion for Summary Judgment on Plaintiff federal civil rights claims pursuant to Monell and state law claims and case proceeded to trial against Nashville. Jury verdict entered in favor of Nashville, but state law claims settled for $250,000.00. Claims against United States and Sinclair Broadcasting on appeal before the Sixth Circuit.
Friedmann v. Corrections Corporation of America, 310 S.W.2d 366 (Tenn. App. 2010). Mr. Friedmann filed a public records request with CCA requesting information pertaining to contracts with governmental entities, deficiencies by CCA in performing its contractual obligations and information pertaining to settlements by CCA, regardless of whether CCA contended such settlement were confidential. Trial Court granted request for records, finding that CCA was acting as the functional equivalent of a governmental entity when operating correctional facilities in State of Tennessee. Court of Appeals affirmed finding that CCA was acting as the functional equivalent of a governmental entity when operating correctional facilities in the State of Tennessee and found that CCA was subject to the Public Records Act. However, Court of Appeals remanded to the Trial Court for consideration of whether requested records were protected by “state law.” On remand, Trial Court found that CCA must produce all documents reflecting settlements by CCA with respect to the operation of Tennessee correctional facilities, regardless of whether CCA contended they were confidential.
Bobo v. UPS, 665 F.3d 741 (6th Cir. 1/9/12). Sixth Circuit reversed District Court grant of summary judgment and remanded for trial this employment case filed against UPS alleging unlawful discrimination and retaliation under USSERA, Title VII, 42 U.S.C. Section 1981 and the Tennessee Human Rights Act. Settled on remand for confidential amount.
Jones v. Complex Industries, Employment discrimination case brought pursuant to Title VII and 42 U.S.C. Section 1981 against Complex Industries for sexual discrimination and retaliation against Ms. Jones for reporting that Mexican employees attempted to place a noose around an African American employee’s neck. After reporting this incident, Complex Industries began to retaliate against Ms. Jones by making up false allegations to justify here termination. During the course of the litigation, we were able to get Ms. Jones her job back. After a jury trial, Ms. Jones was awarded $62,000.00 in back pay, $42,000.00 in compensatory damages for emotional pain and suffering and $350,000.00 in punitive damages. After the jury’s verdict, a confidential settlement was reached which included payment of the jury verdict and additional compensation for attorney fees, litigation costs and future lost wages.
Goree/Wherry v. UPS, 490 S.W.2d 413 (Tenn. App. 2015). Employment discrimination case brought pursuant to the Tennessee Human Rights Act filed against UPS by for racial discrimination and retaliation for the wrongful demotion of Mr. Wherry and the improper failure to promote of Mr. Goree. After a jury trial, the jury awarded Mr. Goree damages of $600,000.00 in back pay and benefits and $2,000,000.00 in compensatory damages for emotional pain and suffering. Further, the jury awarded Mr. Wherry damages of $1,042.000.00 in back pay and benefits and $1,000,000.00 in compensatory damages for emotional pain and suffering. After the filing of a Motion for New Trial, the Trial Court remitted the jury award to Mr. Goree to $125,000.00 for back pay and benefits and $1,100,000.00 for pain and suffering and remitted the jury award for Mr. Wherry to $126,000.00 in back pay and benefits and $550,000.00 in pain and suffering. On appeal, the Tennessee Court of Appeals reverse the verdict in favor of Wherry and increased the remitted award of Mr. Goree for back pay from $126,000.00 to $600,000.00.
Cole v. Sargent. Wrongful death case arising from the death of Jantwnette Smith who was killed on Christmas eve by a drunk driver travelling the wrong way on I-40 while she was heading home from her job as a counselor at the Shelby County Jail. Case settled for policy limits of $1,100,000.00 prior to trial.
Cole v Brookhaven Pub & Grill. Dram shop case against Brookhaven Pub & Grill arising from the death of Jantwnette Smith. In this case, a claim was brought against Brookhaven Pub & Grill claiming that its bartenders allowed Mr. Sargent to purchase and consume alcohol while obviously intoxicated and allowed him to drive his vehicle after closing. As a result, Mr. Sargent was involved in a fatal car crash. Case was settled for a confidential amount.