New SCOTN Case: Trial Court's Decision Denying Arbitration in a Nursing Home Case Reversed on Appeal Because the Attorney-in-Fact Was Authorized to Sign Arbitration Agreement

The Tennessee Supreme Court has released its opinion in Williams v. Smyrna Residential, LLC, No. M2021-00927-SC-R11-CV (Tenn. Feb. 16, 2024). The syllabus from the majority opinion reads: 

Granville Williams, Jr., died while residing at an assisted-living facility. The central question in this appeal is whether his son’s ensuing wrongful-death action against the facility must be arbitrated. To answer that question, we must resolve two subsidiary issues—first, whether the attorney-in-fact who signed the arbitration agreement as Williams’s representative had authority to do so and, second, whether Williams’s son and other wrongful-death beneficiaries who were not parties to the arbitration agreement nevertheless are bound by it. We hold that signing an optional arbitration agreement—that is, one that is not a condition of admission to a health care facility—is not a “health care decision” within the meaning of the Durable Power of Attorney for Health Care Act. The durable power of attorney that gave Williams’s attorney-in-fact authority to act for him in “all claims and litigation matters” thus provided authority to enter the optional arbitration agreement even though it did not specifically grant authority to make health care decisions. We further hold that Williams’s son is bound by the arbitration agreement because his wrongful-death claims are derivative of his father’s claims. Because we conclude that the claims in this action are subject to arbitration, we reverse the Court of Appeals’ contrary decision and remand to the trial court.

Here is a link to that opinion: 

https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2021-00927-SC-R11-CV.pdf.

Here is a link to Justice Lee's dissent:

https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Separate%20Opinion-%20M2021-00927-SC-R11-CV.pdf.

Here is Chief Justice Kirby's opinion joining Justice Lee's dissent:

https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Separate%20Opinion%20%282%29%20-M2021-00927-SC-R11-CV.pdf.

NOTE: This opinion reverses the one from the Tennessee Court of Appeals in this same case that was released on April 8, 2022, which is the subject of my blog post from April 9, 2022, to wit:

http://theduncanlawfirm.blogspot.com/2022/04/trial-courts-denial-of-defendants.html.

Grant of Summary Judgment Reversed on Appeal Because the Issue It Was Based on Was Not Raised in the Motion

The Tennessee Court of Appeals has released its opinion in Bakker v. Chattanooga-Hamilton County Hospital Authority, No. E2022-00872-COA-R3-CV (Tenn. Ct. App. Mar. 5, 2024). The syllabus from the slip opinion reads: 

The trial court granted summary judgment in favor of the defendant hospital in this premises liability case, finding that the defendant had no notice of the alleged dangerous or defective condition on its premises. The plaintiff has appealed. Following our review, we determine that the plaintiff was not provided notice and a reasonable opportunity to respond to all issues to be considered by the trial court at the summary judgment stage. Accordingly, we vacate the trial court's grant of summary judgment.

Here is the link to the opinion: 

Bakker, M.D. v. Chattanooga Hamilton Hospital Authority.pdf (tncourts.gov)

NOTE: This is an excellent opinion that addresses when a trial court grants summary judgment on an issue not raised in the motion seeking same and why that is error. This is a must-read opinin for any lawyer who handles civil actions in Tennessee state courts. 

New Health Care Liability Action: Trial Court's Imposition of Sanctions for Discovery Abuse Upheld on Appeal but Case Is Remanded to Calculate Amount of Sanctions under Applicable Law

The Tennessee Court of Appeals has released its opinion in Salas v. Rosdeutscher, Nos. M2021-00449-COA-R3-CV; M2022-00130-COA-R3-CV (Tenn. Ct. App. Jan. 9, 2024). The syllabus reads:

Plaintiff’s attorneys appeal the trial court’s imposition of sanctions against them in the amount of $68,617.28 and the denial of their second motion to disqualify the trial court judge. We affirm the trial court’s discretionary decision to impose sanctions, but we vacate the amount of sanctions awarded and remand for the trial court to calculate the reasonable amount of monetary sanctions in keeping with the procedures and considerations outlined in this opinion. We have determined that Plaintiff’s attorneys’ issue regarding the trial court’s denial of their second motion to recuse is moot. Finally, we decline to award attorney’s fees on appeal.

Here is a link to the slip opinion: Majority Opinion - M2021-00449-COA-R3-CV.pdf (tncourts.gov).

NOTE: This opinion is a good reminder why a lawyer should never misrepresent matters to a court. 

New Case on Pretrial Discovery Abuse and Sanctions: Trial Court's Dismissal of Action Upheld on Appeal.

The Tennessee Court of Appeals has released its opinion in Plofchan v. Hughey, No. M2021-00853-COA-R3-CV (Tenn. Ct. App. Jan. 5, 2023). The syllabus from the opinion reads:

A man sued his arresting officers and others. He claimed he was neither drunk nor violent when he was arrested and charged with public intoxication, resisting arrest, and assault on an officer. During discovery, the man claimed to have no communications between him and a companion that were not protected by attorney-client privilege or as work product. When such communications were uncovered, the defendants moved for sanctions and attorney’s fees. The trial court awarded attorney’s fees to the defendants and the companion. And it dismissed the case as a sanction. Discerning no abuse of discretion, we affirm.

Here is a link to the slip opinion: E-SIGNED-M2021-0853- COA-PLOFCHAN.pdf (tncourts.gov).

NOTE: This opinion offers a great discussion of discovery sanctions for pretrial discovery abuses, etc. It also notes that Tennessee does not recognize "motions to reconsider," slip. op. at 8. This is a must-read opinion for any Tennessee trial lawyer.