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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