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Planet Rock Inc. v. Regis Insurance Co.5/28/1999
FROM THE MADISON COUNTY CIRCUIT COURT THE HONORABLE FRANKLIN MURCHISON, JUDGE
AFFIRMED AND REMANDED
W. FRANK CRAWFORD, PRESIDPRESIDING JUDGE, W.S.
CONCUR:
ALAN E. HIGHERS, JUDGE
This appeal concerns a dispute over coverage under a general liability insurance policy. Defendant/appellant, Regis Insurance Company (Regis), appeals the order of the trial court granting summary judgment to plaintiff/appellee, Planet Rock, Inc. (Planet Rock) f/u/b Bobby and Vicky Williams.
Planet Rock is a Jackson, Tennessee nightclub, and on September 29, 1995, an altercation occurred between two of Planet Rock's patrons. Craig Williams (Williams) and Benjamin Blackwell (Blackwell) got into a heated argument inside the club. After moving the argument outside to a nearby Kmart parking lot, they began fighting. Williams received the worst of the exchange and was knocked unconscious. He was brought back into Planet Rock by the nightclub's employees and possibly some patrons and placed on a couch in one of the club's offices to rest. When Planet Rock employees later checked on Williams, they found that he had died from his injuries.
Bobby and Vicky Williams, parents of Craig Williams, sued Planet Rock and others in Madison County Circuit Court seeking damages for their son's wrongful death. As pertinent to the case before us, the complaint alleges that when the disagreement arose between Williams and Blackwell, they were ordered to get out of the club "if they were to begin striking each other," and they left the club. The complaint states:
"19. Ultimately, the physical confrontation began between Plaintiffs' deceased and Defendants Blackwell and Lewis. The physical confrontation resulted in Plaintiffs' deceased being knocked unconscious by Defendants Blackwell and Lewis and then viciously and violently kicked in the head, torso and groin by Defendants Blackwell and Lewis. "20. At the Conclusion of this vicious attack by the Defendants Blackwell and Lewis, but before Plaintiffs' deceased expired, patrons and employees of Defendant Planet Rock brought the Plaintiffs' deceased, Craig Williams, back inside the establishment of Defendant Planet Rock. "21. At no time, while Craig Williams was still alive and physically situated within the offices of Defendant Planet Rock, did any agent, employee or servant of Defendant Planet Rock call for medical assistance. In fact, an employee of Defendant Planet Rock called and canceled a request for police assistance after the fight had begun. "22. Sometime later and without the benefit of medical assistance, the Plaintiffs' deceased, Craig Williams, died of the injuries he received in the vicious attack conducted by Defendants Blackwell and Lewis. "* * * "42. Upon being informed of the serious injuries to the deceased, Defendant Planet Rock, by and through its agents, servants or employees, voluntarily undertook the medical care of the injured Craig Williams. Defendant Planet Rock, by and through its agents, servants or employees, undertook the medical care of the injured Craig Williams in a grossly negligent manner, failing or refusing to make available professional medical assistance which was available, thereby denying the deceased proper medical care ultimately leading to and proximately causing his death. The medical care provided by Defendant Planet Rock's employees, agents or servants fell below the minimum acceptable standard of medical care recognized in like or similar circumstances in Jackson, Madison County, Tennessee by those health care professionals familiar with said standard of care."
At the time of the occurrence involving Blackwell and Williams, Planet Rock had in ful
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