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Castle v. State9/27/2005
Background
Plaintiff, an inmate at the Brushy Mountain Correctional Complex in Morgan County, Tennessee, is proceeding pro se and appeals the dismissal of his lawsuit against the State, Rick Cox Construction Company ("Rick Cox"), and Batley Baptist Church (collectively "Defendants"). According to the complaint, while an inmate at Brushy Mountain, Plaintiff was a trustee and worked as a carpenter for the State earning $68 to $72 per month. Plaintiff claims that while working as a carpenter in March of 2003, he was ordered to climb a scaffold at the Batley Baptist Church "where Rick Cox Construction was contracted to construct an addition to the church." Plaintiff alleges that Defendants knew or should have known that the scaffolding was in a dangerous or defective condition and wet due to rain. Plaintiff apparently slipped and fell several feet to the ground and landed on a concrete slab, resulting in what he claims were severe personal injuries. When Plaintiff filed the lawsuit, he was represented by attorney Cynthia Fields Davis ("Davis").
The State filed a motion to dismiss claiming the Morgan County Circuit Court was without subject matter jurisdiction over negligence claims brought against the State because of the State's sovereign immunity. In September of 2004, the Trial Court entered an Order granting the State's motion to dismiss "on the basis of sovereign immunity from suit and upon the concession of the [plaintiff's attorney] to said motion ...."
In January of 2005, Batley Baptist Church filed its motion for summary judgment. This motion for summary judgment was based on the Church's claim that the scaffolding was brought to the construction site by the guards and prisoners from Brushy Mountain and the guards were in complete control of the scaffolding. Batley Baptist Church filed the affidavit of Pastor Luther Kidwell in support of its motion for summary judgment. A Notice of Hearing was filed informing all counsel of record that a hearing on this motion for summary judgment had been scheduled for March 16, 2005.
In February of 2005, Rick Cox filed its motion for summary judgment. According to this motion and supporting affidavit, the undisputed material facts showed Rick Cox did not owe a duty of care to Plaintiff. Rick Cox also claimed that Plaintiff was not its employee, that the scaffolding was brought to the construction site by the prisoners and guards, the scaffolding was erected by the prisoners, and Rick Cox had no involvement whatsoever with the use of the scaffolding from which Plaintiff fell. The affidavit of Allan R. "Rick" Cox was filed in support of this motion. A Notice of Hearing was filed informing all counsel of record that a hearing on this motion for summary judgment likewise had been scheduled for March 16, 2005.
The motions for summary judgment were heard on the scheduled date. Neither Davis nor anyone else appeared on Plaintiff's behalf. Following the hearing, the Trial Court granted both motions. After all three Defendants had been dismissed, Plaintiff sent a letter directly to the Trial Court Judge stating, in relevant part:
For some reason I keep getting notices about a hearing to grant summary judgment. On the Certificate of Service it shows Cynthia Fields Davis as being my attorney; this is incorrect. My attorney's name is Angela R. Morelock .... Since Ms. Fields Davis has left the case she probably should have filed notice with this very court showing Ms. Morelock as my new attorney. And likewise Ms. Morelock should have filed a notice of attendance with this court. I cannot believe that court was held on March 16, 2005 without notice to Ms. Morelock.
The Trial Judge responde
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