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Johnston v. Cowden5/25/2000
ile a claim within one year, Ms. Johnston cannot show the essential element of damage.
Ms. Johnston's affidavit in response to the motion for summary judgment addresses primarily the civil lawsuit against her attacker and only mentions in passing a potential judgment from the State of Tennessee. The affidavit nowhere responds to the allegation that she could show no harm regarding any failure on the part of Mr. Cowden to file a claim with the criminal injuries compensation fund.
Accordingly, the judgment of the trial court is affirmed. This case is remanded for any further proceedings which may be necessary. Costs of this appeal are taxed to Ms. Johnston, for which execution may issue if necessary.
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