 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Pate v. State11/20/2003
Background
This is a slip and fall case brought by Plaintiff who alleges that on April 4, 2000, she was on her way to class at PSTCC when she tripped and fell on the pavement. According to Plaintiff, there was a gap in the pavement measuring 1 to 1 ½ inches as well as a metal bar "which stuck out above the pavement" causing her to fall, resulting in a three part proximal humerus fracture to her left shoulder. Plaintiff claims the State was negligent by not correcting the defective pavement and in allowing such a hazardous condition to exist. Plaintiff sought $300,000 in damages for her physical injuries and lost wages.
In its answer to the complaint, the State generally denied any liability to Plaintiff and further denied any hazardous condition existed. The State also denied the existence of any act or omission on the part of a State employee which resulted in Plaintiff's injuries. The State also alleged Plaintiff's claim was barred under comparative fault principles because Plaintiff's negligence in not watching where she was walking was greater than any claimed negligence by the State.
On October 31, 2002, the State filed a motion for summary judgment claiming Plaintiff was judicially estopped from maintaining this lawsuit because she failed to disclose the existence of this claim in her petition for Chapter 13 bankruptcy . The State also claimed that Plaintiff was no longer the real party in interest and lacked standing to proceed with the present case because she had filed for Chapter 13 bankruptcy. In support of its motion, the State attached portions of Plaintiff's deposition wherein she admitted contemplating legal action against the State within one week of the accident. Plaintiff filled out a "Claim for Damages" on December 6, 2000, and filed this claim with the Division of Claims Administration on March 13, 2001. Plaintiff also acknowledged in her deposition that she made a demand upon the State to settle the claim in March of 2001. On May 3, 2001, Plaintiff filed for Chapter 13 bankruptcy. When her personal injury claim was denied by the Division of Claims Administration, Plaintiff filed the present complaint with the Claims Commission on November 19, 2001. Plaintiff admitted in her deposition that she did not disclose the present lawsuit or claim as an asset in her bankruptcy petition and she did not inform her bankruptcy attorney or the United States Bankruptcy Court about this lawsuit. Plaintiff claimed she did not disclose the present lawsuit because the complaint was not filed until after she had already filed for bankruptcy. She did not consider the present claim an "asset" because she had not yet received any money. According to Plaintiff, " t doesn't become an asset to me until you get some money. Money is an asset and nothing is nothing."
On December 16, 2002, the Commission entered an Order of Dismissal. In pertinent part, the Order of Dismissal provides:
This claim was appealed to the Tennessee Claims Commission from denial of the Division of Claims Administration on September 10, 2001. By letter dated September 21, 2001, the Commission advised counsel for the Claimant that the Rules of Civil Procedure and the Rules of Evidence of the State of Tennessee were applicable to Claims Commission procedure and that the Tennessee Claims Commission Rules complemented the Rules of Civil Procedure. Counsel for the Claimant filed a formal Complaint on November 19, 2001. The State filed its Answer on February 14, 2002, following an extension of time granted by the Commission within which to do so.
On October 31, 2002, the State filed a Motion for Summary Judgment, Memorandum in Support of
Page 1 2 3 4 5 6 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|