By Walter F. Roche Jr.
A clearly frustrated Davidson circuit court judge has ruled that former Public Guardian Jeanan Stuart must stand trial on charges in a civil suit that she engaged in willful misconduct in her role as the court appointed conservator for a Hendersonville woman.
"This is going on and on and on," Gayden said in a recent hearing. "Let's get this case going."
The ruling came in a longstanding suit filed by Ginger Franklin who was placed in a conservatorship in 2008 without her knowledge following a fall.
Franklin has charged that after her appointment Stuart engaged in "willful and malicious conduct" in her case by failing to act on her request to have the conservatorship ended.
During the same Dec. 12 hearing Gayden also ruled that Metro government could not be held liable for Stuart's actions. Stuart's lawyers had argued that Stuart was a Metro employee and thus was protected from claims under provisions of the Governmental Tort Liability Act.
"She was acting within the scope of her duties as an employee," said William Hubbard, Stuart's lawyer, according to a transcript of the session.
But Michael Hoskins, Franklin's attorney, disagreed.
"It's clear that the legislature never intended to give some special immunity to the public guardian," he said, adding that previously Stuart had claimed immunity as a state employee.
Gayden later agreed with Hoskin's that even if the liability act did apply, the charges of willful and intentional misconduct would not be protected.
Hoskins and Metro attorney Jeff Campbell also noted that Stuart made her claim against Metro long after the statute of limitations had passed.
Gayden also granted Stuart's lawyer's motion to file an appeal of his rulings in the case.
Stuart stepped down as public guardian last year on the same day Probate Judge David "Randy" Kennedy stated that he would no longer appoint her to any cases because of questionable billing practices. Her job has remained vacant ever since.
wfrochejr999@gmail.com
Friday, December 26, 2014
Wednesday, December 10, 2014
Metro Denies Liability in Probate Cases
By Walter F. Roche Jr.
Metro Nashville government says it should not be held liable for losses in two probate court cases in which $688,413.54 was stolen by a now jailed court appointed attorney.
In papers filed this week in Circuit Court, Metro attorneys denied that any employees had been negligent in monitoring the two cases. They also invoked a state statute, the Tenneessee Governmental Liability law, which they contend shields the government from such claims.
The nearly identical immunity claims came in two separate cases in which Davidson Probate officials are being blamed for the losses.
The suits charge that due to the lack of monitoring by the court, John Clemmons was able to steal $515,907.19 from the estate of William C. Link and $172,506.35 from the conservatorship of Donald E. Griggs.
The suits charge that court officials were negligent in not demanding that Clemmons' file required annual accountings in the two cases. Had they done so, the suits contend, Clemmons' actions would have been detected years earlier.
The suits were filed by Paul Gontarek, the attorney appointed by Probate Judge David "Randy" Kennedy to replace Clemmons.
Clemmons already is serving a prison term of up to 18-years after he pleaded guilty to stealing $771,009 in four separate cases, including Griggs and Link. He also entered guilty pleas in a similar case in Rutherford County.
"Metro government denies that any of its employees were negligent," Metro lawyers wrote in a five-page answer filed this week.
And, the answer continues, Metro's liability should be reduced "by the amount of fault attributable to other parties."
It cites Clemmons and other attornies involved in the cases as liable parties.
wfrochejr999@gmail.com
Metro Nashville government says it should not be held liable for losses in two probate court cases in which $688,413.54 was stolen by a now jailed court appointed attorney.
In papers filed this week in Circuit Court, Metro attorneys denied that any employees had been negligent in monitoring the two cases. They also invoked a state statute, the Tenneessee Governmental Liability law, which they contend shields the government from such claims.
The nearly identical immunity claims came in two separate cases in which Davidson Probate officials are being blamed for the losses.
The suits charge that due to the lack of monitoring by the court, John Clemmons was able to steal $515,907.19 from the estate of William C. Link and $172,506.35 from the conservatorship of Donald E. Griggs.
The suits charge that court officials were negligent in not demanding that Clemmons' file required annual accountings in the two cases. Had they done so, the suits contend, Clemmons' actions would have been detected years earlier.
The suits were filed by Paul Gontarek, the attorney appointed by Probate Judge David "Randy" Kennedy to replace Clemmons.
Clemmons already is serving a prison term of up to 18-years after he pleaded guilty to stealing $771,009 in four separate cases, including Griggs and Link. He also entered guilty pleas in a similar case in Rutherford County.
"Metro government denies that any of its employees were negligent," Metro lawyers wrote in a five-page answer filed this week.
And, the answer continues, Metro's liability should be reduced "by the amount of fault attributable to other parties."
It cites Clemmons and other attornies involved in the cases as liable parties.
wfrochejr999@gmail.com
Saturday, December 6, 2014
Former Public Guardian, Metro in Court Faceoff
By Walter F. Roche Jr
Davidson's former Public Guardian, Jeanan Stuart, and lawyers for Metro are battling each other in a suit brought by a woman who was placed in a conservatorship without her knowledge while recovering from serious head injuries.
In the suit now pending in Davidson Circuit Court Ginger Franklin of Hendersonville has charged that Stuart violated her fiduciary duties by placing her in a group home that didn't suit her needs and then ignoring her pleas to end the conservatorship.
Stuart's lawyers contend their client was acting as a Metro employee and should be protected from any liability under a state law, the Tennessee Governmental Tort Liability Act, limiting the claims that can be filed against a government agency or individual employees.
"She was elected by Metro Council," a recent filing states, adding that she also was issued a Metro employee ID badge and Metro provided her with bond coverage.
Stuart resigned from her post last year simultaneous with an announcement by Probate Judge David "Randy" Kennedy that he would no longer appoint her in any conservatorship cases.
In the Franklin case, Stuart's lawyers filed papers naming Metro government as a third party defendant. Metro countered charging that the statute of limitations had run out by the time the claim was made and that Stuart's alleged actions fell outside of those that can be protected under governmental immunity.
"Contrary to Metro's assertions the complaint alleges breaches of fiduciary duty for which Metro would be liable," a recent filing by Robyn E. Smith, Stuart's lawyer, states, adding that Stuart should be immune.
"Metro government also gratuitously asserts that the complaint alleges only intentional torts for which it would not be liable," the filing adds.
In its latest filing Metro lawyers state that while they still want the case dismissed, if it does continue that "discovery be limited to ascertaining the employment status of Ms. Stuart."
Citing a prior ruling in the case by Judge Hamilton Gayden, Metro lawyer Jeff Campbell stated in a filing that the court's original decision to deny proceeding under Governmental Tort Liability Act was "correct."
In another filing seeking dismissal of the claims against Metro, government lawyers argued that "absent an allegation of direct negligence on the part of a supervisor of Ms. Stuart, the government maintains its immunity for intentional torts."
Franklin's lawyer, Michael G. Hoskins, in response to Stuart's move to invoke the governmental immunity statute wrote, "The Metro government did not have any authority to direct or supervise defendants actions as conservator."
wfrochejr999@gmail.com
Davidson's former Public Guardian, Jeanan Stuart, and lawyers for Metro are battling each other in a suit brought by a woman who was placed in a conservatorship without her knowledge while recovering from serious head injuries.
In the suit now pending in Davidson Circuit Court Ginger Franklin of Hendersonville has charged that Stuart violated her fiduciary duties by placing her in a group home that didn't suit her needs and then ignoring her pleas to end the conservatorship.
Stuart's lawyers contend their client was acting as a Metro employee and should be protected from any liability under a state law, the Tennessee Governmental Tort Liability Act, limiting the claims that can be filed against a government agency or individual employees.
"She was elected by Metro Council," a recent filing states, adding that she also was issued a Metro employee ID badge and Metro provided her with bond coverage.
Stuart resigned from her post last year simultaneous with an announcement by Probate Judge David "Randy" Kennedy that he would no longer appoint her in any conservatorship cases.
In the Franklin case, Stuart's lawyers filed papers naming Metro government as a third party defendant. Metro countered charging that the statute of limitations had run out by the time the claim was made and that Stuart's alleged actions fell outside of those that can be protected under governmental immunity.
"Contrary to Metro's assertions the complaint alleges breaches of fiduciary duty for which Metro would be liable," a recent filing by Robyn E. Smith, Stuart's lawyer, states, adding that Stuart should be immune.
"Metro government also gratuitously asserts that the complaint alleges only intentional torts for which it would not be liable," the filing adds.
In its latest filing Metro lawyers state that while they still want the case dismissed, if it does continue that "discovery be limited to ascertaining the employment status of Ms. Stuart."
Citing a prior ruling in the case by Judge Hamilton Gayden, Metro lawyer Jeff Campbell stated in a filing that the court's original decision to deny proceeding under Governmental Tort Liability Act was "correct."
In another filing seeking dismissal of the claims against Metro, government lawyers argued that "absent an allegation of direct negligence on the part of a supervisor of Ms. Stuart, the government maintains its immunity for intentional torts."
Franklin's lawyer, Michael G. Hoskins, in response to Stuart's move to invoke the governmental immunity statute wrote, "The Metro government did not have any authority to direct or supervise defendants actions as conservator."
wfrochejr999@gmail.com
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