Carter listed home with Crye-Leike, who did not consummate a sale of the home before the listing expired. A buyer whom Crye-Leike had shown the property after the listing had expired contacted Carter a...nd purchased her home for the listing price minus the 7% "saved" commission. Crye-Leike sued. I defeated Crye-Leike once at trial and a second time in the Tennessee Court of Appeals. Crye-Leike declined to stay at bat for strike three.
Medical malpractice
Abshure v. Methodist Healthcare
Oct 20, 2010
OUTCOME: Settled
This is a medical malpractice case I settled for a client after we took the hospital all the way to the Tennessee Supreme Court and won on a procedural aspect. The case involved a vicarious liability c...laim against a hospital based on the conduct of an emergency room physician. A patient and her husband filed a medical malpractice suit in the Circuit Court for Shelby County against a hospital and two physicians, one of whom had treated the patient in the hospital's emergency room. Among other things, the complaint broadly alleged that the hospital was vicariously liable for the conduct of its agents. After the plaintiffs voluntarily dismissed their claims against both physicians for the second time, the hospital sought the dismissal of the vicarious liability claims on the ground that the plaintiffs' claims against its apparent agent, the emergency room physician, were barred by operation of law. The trial court granted the hospital's motion, and the Court of Appeals affirmed the dismissal of the vicarious liability claims against the hospital. Abshure v. Upshaw, No. W2008-01486-COA-R3-CV, 2009 WL 690804, at *5 (Tenn. Ct. App. Mar. 17, 2009). The Tennessee Supreme Court granted the Tenn. R. App. P. 11 application filed by the patient and her husband to determine whether their vicarious liability claims against the hospital should be dismissed under the facts of this case. The Tennessee Supreme Court ruled in my clients' favor when it determined that the lower courts erred by dismissing the vicarious liability claims against the hospital.
