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State v. Thomas2/27/2004
was admitted at trial. Mr. Day had testified that he was employed as a guard by Loomis Fargo in April 1997. He stated that he wore a dark blue uniform, a gun belt and a bullet-proof vest. Mr. Day also carried a gun. He recalled that, on April 21, 1997, the Walgreens store at 4522 Summer was on his route. He further recalled arriving at the Walgreens store at approximately 12:30 p.m. Mr. Day went into the store, proceeded to the cash office, retrieved the deposit from the store manager, and left. Upon exiting the store, Mr. Day looked both ways before proceeding out of the store. When he went out the door, " legs felt weak, so some way I feel I had been shot, so I started to go on and try to make it to the truck, but then I thought better because it was an armored truck. I didn't want to fall on no truck, so I just went down right there." Mr. Day was transported to the hospital where he learned he had been shot in the back of his head. He never heard the gunshot nor did he see the gunman. As a result of the gunshot, Mr. Day lost the use of his legs and underwent numerous surgeries. He was never again able to work.
At trial, Faye Day, the victim's widow, explained that her husband James had been a guard for Loomis Fargo Company. Prior to April 21, 1997, James Day had been in excellent physical condition with the exception of a minor sinus problem. Mrs. Day recalled that, on the day of the shooting, she completed her errands and returned home at approximately 1:00 p.m. At home, she received a telephone call from the emergency room at The Med advising that her husband had been shot. A few hours after her arrival at the trauma unit, Mrs. Day was told that her husband would have to have surgery because fluid had built up. After the surgery, James Day was unable to move his lower extremities. Mr. Day remained in the Med for thirty-eight days. During his stay at the hospital, his "lungs kept collapsing. He had numerous surgeries. He had pneumonia. They treated him medically."
Upon being discharged from The Med, James Day was transferred to Health South, a rehabilitative hospital, by ambulance. According to Mrs. Day, her husband was unable at this time to "do anything for himself. He couldn't walk. He couldn't bathe himself. . . . Physically, James was like a baby." Mr. Day was unable to use the bathroom; he was forced to wear a diaper. He remained at Health South for thirty days, during which time he underwent therapy. The therapy was not successful. Mrs. Day had to "cath husband" and use suppositories and enemas during this time because of her husband's bladder and bowel problems.
Mr. and Mrs. Day then moved to Studio Plus Apartments in Germantown, because their home was not designed to accommodate Mr. Day's physical disabilities. Meanwhile, their home was being renovated to be handicap-accessible. After they returned to their home, Mr. Day's world became reduced to one room in his home. That room was his living room, bedroom, bathroom, and kitchen. Stripped of his role as husband and father, he became depressed.
Mr. Day was under the supervision of four different doctors, with whom he met at least once a month. In late September 1999, Dr. Shelton, a urologist, inserted a "leave-in Foley," a bag to collect urine, in an attempt to alleviate Mr. Day being wet. Later that evening, Mr. Day began "passing blood." However, according to Mrs. Day, it was "normal routine to pass a little blood" with a "Foley." This had occurred before and the doctor had advised Mrs. Day to "continue to give [Mr. Day] fluid because the more fluids you have the clearer your urine gets." Mrs. Day was "concerned because it seemed to be a little bit more [blood] than normal." She immediately tried to cont
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Tennessee Personal Injury Attorneys
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