 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Limbaugh v. Coffee Medical Center5/31/2000
In January 1997, Emma Ruth Limbaugh, an Alzheimer's patient in Coffee Medical Center's nursing home, received injuries to her face and arm during an altercation with one of the Medical Center's certified nursing assistants, Louise Ray. Limbaugh's son, Eddie Brown Limbaugh (Plaintiff), subsequently filed a complaint against the Medical Center and Ray in which he alleged that his mother's injuries were caused when she was assaulted by Ray. The Medical Center filed an answer, a motion to dismiss, and a motion for summary judgment raising the affirmative defense of governmental immunity. The trial court dismissed the Plaintiff's claim that the Medical Center was vicariously liable for Ray's "intentional assault;" however, the court permitted the Plaintiff to proceed to trial on his claim that the Medical Center was negligent in hiring and/or retaining Ray. At the conclusion of a bench trial, the trial court found that Limbaugh's injuries were caused by Ray's "assault and battery." The trial court also found that the Medical Center had prior notice of Ray's propensity for "physical aggressiveness" and that the Medical Center's failure to take corrective action was the "direct and proximate legal cause" of Limbaugh's injuries. Based upon these findings, the trial court entered a judgment against Ray in the amount of $25,000 and a judgment against the Medical Center in the amount of $40,000. We affirm the trial court's judgment against Ray based upon our conclusion that the evidence does not preponderate against the court's decision; however, we reverse the trial court's judgment against the Medical Center because we conclude that, regardless of whether the Plaintiff's claim was based upon the theory of vicarious liability or the theory of negligent retention, the Governmental Tort Liability Act (GTLA) did not permit the Plaintiff to sue the Medical Center for Ray's intentional tort.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed in part; Reversed in Part; and Remanded
Farmer, J., delivered the opinion of the court, in which Crawford, P.J., W.S., and Highers, J., joined.
OPINION
On the afternoon of January 19, 1997, Louise Ray's supervisor, Betty Adams, a licensed practical nurse, was pushing a medicine cart down the hall of the Medical Center's nursing home when she heard a noise coming from Emma Ruth Limbaugh's room. When Adams entered the room to investigate, she saw Ray and Limbaugh engaged in some sort of struggle on Limbaugh's bed. Ray was using her left hand to grab at Limbaugh's arms, and Ray's right hand was clenched in a fist. Adams yelled, "No, Louise," because she "felt like there might be a potential for a lick"; however, Adams did not see Ray strike Limbaugh.
Adams soon noticed that Limbaugh had a hematoma near her right eyebrow and a lump on her right jaw. Blood ran from Limbaugh's mouth and right nostril, so Adams packed Limbaugh's nostril with Vaseline and gauze to stop the bleeding. Later that afternoon, Adams noticed that Limbaugh had another hematoma near her left eyebrow. Adams reported the incident to Medical Center administrators. A subsequent examination by Limbaugh's treating physician at the Medical Center, Harrison Yang, revealed that Limbaugh had bruises around both eyes, a bruise on the right side of her face, and a skin tear on her right forearm. Dr. Yang also observed that Limbaugh had a deviated septum, but he noted that this condition could have existed at Limbaugh's birth or been caused by a previous injury.
Shortly after the incident, Limbaugh's relatives were called to the nursing home. When Limbaugh's daughter, Lina Baker, arrived, she observed that Limbaugh's face and neck wer
Page 1 2 3 4 5 6 7 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|