Metro Seeks To Merge Suits Over $1 Million In Thefts

By Walter F. Roche Jr.

Metro government is seeking to merge suits filed in the aftermath of the theft of some $1 million from two local residents whose finances had been entrusted to a court appointed attorney.
In motions filed this week in Nashville Probate Court, Metro attorneys have asked that four pending suits be merged into two.
All four suits came in the aftermath of disbarred Nashville attorney John Clemmons' guilty pleas to charges that he stole over $1 million from wards whose finances had been entrusted to him in Davidson Probate Court.
Two of the suits are focused on the estate of William C. Link, from who Clemmons has admitted stealing some $771,000. One suit was filed directly against Clemmons while the second names Metro as the defendant.
That second suit charges that the thefts could never have happened if Davidson Probate Court officials had performed their duties in overseeing Clemmons' action.
Parallel suits have been filed for Donald Griggs. Clemmons has admitted stealing $172,506 from Griggs while serving as his conservator.
In the Wednesday filings, Metro lawyers have argued that merging the two Link cases into one would conserve time and effort.
"Instead of digging into these issues twice in two different courts, this entire litigation can proceed simultaneously," the motion states.
Metro attorneys said in their motions that all four suits raise the same basic question: who must pay the damages.
Paul Gontarek, who filed the original suits, said that he is still reviewing the filings and has not yet decided on a response.
In both sets of cases, records show, recovery directly against Clemmons is regarded as doubtful. Clemmons is serving a lengthy prison sentence of up to 18 years as a result of his guilty pleas in four different cases.
Under Metro's motions, the merged suits would be heard by Senior Judge Ben Cantrell. Davidson judges previously recused themselves from the cases.
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Homeless Man Moved From Hospital to Group Home

By Walter F. Roche Jr.

A 63-year-old Nashville man,  who has been homeless for two decades, has been transferred from Vanderbilt University Hospital to a group home under the provisions of a new state law governing conservatorships.
Court records show Ronald Carter, who had been a patient at Vanderbilt for over a month, was sent to a group home by a court appointed fiduciary following a recent hearing.
The court was acting on a petition filed by Vanderbilt seeking to have Carter discharged over his objections.
Probate Judge David "Randy" Kennedy also issued an order in mid-July appointing Carter's brother and sister as co-conservators.
The relatives were located, according to court filings, by Anthony Burns, who had been appointed by Kennedy to serve as Carter's healthcare fiduciary. Vanderbilt had stated in its filing that Carter's relatives could not be located.
The petition is one of several to be filed by local hospitals following the passage of a new conservatorship law in 2013. A last minute addition to that law carved out a special process for hospital administrators to seek the discharge of patients that they believed no longer needed hospitalization but lacked the capacity to make such a decision.
Records show most of the patients who have become subjects of the petitions are homeless.
Though the law only provides for a temporary conservatorship in such cases, Carter was eventually placed in a permanent conservatorship because of his condition.
Court records show Carter was admitted to Vanderbilt on April 26 for treatment of pneumonia. It was his fourth admission in the prior year.
In its original petition Vanderbilt attorneys said Carter was in need of a temporary conservator because his cognitive functions were "severely impaired."
In addition to Burns, Kennedy appointed April Jackson to act as an advocate for Carter.
Both Jackson and Burns have submitted bills for their services which, according to a ruling by Kennedy, will be charged to Vanderbilt. Burns submitted a bill for $3,075, while Jackson sought $2,045. Both charged $150 an hour.
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