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.
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