In Re Estate of William C. Link
M2016-02202-COA-R3-CV
Tenn. Ct. App.Oct 5, 2017Background
- John Clemmons was appointed Administrator C.T.A. of William Link’s estate in 2003 and failed to file required annual accountings after 2004; he was removed in April 2013.
- Paul Gontarek was appointed successor administrator in April 2013; Clemmons pled guilty in November 2013 to stealing over $770,000 from the estate.
- Gontarek sued the Metropolitan Government of Nashville & Davidson County (Metro) on April 1, 2014, alleging the probate clerk’s office negligently failed to cite Clemmons under Tenn. Code Ann. § 30-2-602, allowing the theft.
- Metro moved for summary judgment arguing (1) the suit was barred by the one-year GTLA statute of limitations and (2) comparative fault/joint-liability principles barred recovery because a default judgment had been entered against Clemmons in a separate action.
- The trial court granted summary judgment holding the claim time-barred; the Court of Appeals reversed, finding (a) the limitations period did not run while Clemmons (the wrongdoer) was the sole personal representative who would have been the only person able to sue on the estate’s behalf, and (b) joint-and-several liability principles permit suit against Metro despite a separate judgment against Clemmons.
Issues
| Issue | Plaintiff's Argument (Gontarek) | Defendant's Argument (Metro) | Held |
|---|---|---|---|
| Whether suit is time‑barred by GTLA (1‑year) | Limitations began when successor was appointed; suit filed within one year | Limitations began when losses occurred (before April 1, 2013), so suit filed after one year | Reversed: limitations did not run while Clemmons, the sole personal representative and wrongdoer, was in office; successor could timely sue after appointment |
| Whether prior recovery/default against Clemmons bars suit against Metro (comparative fault / double recovery) | Prior action against Clemmons does not preclude suit against Metro; plaintiff limited to one satisfaction | Plaintiff already obtained a default judgment finding Clemmons 100% liable, so Metro should be shielded from further liability | Reversed: joint-and-several liability applies where negligent actor’s conduct enabled another’s intentional tort; suit against Metro may proceed and plaintiff is limited to one satisfaction |
Key Cases Cited
- Staples v. CBL & Assocs., Inc., 15 S.W.3d 83 (Tenn. 2000) (summary judgment standard)
- McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) (adoption of comparative fault and discussion of joint-and-several liability)
- Turner v. Jordan, 957 S.W.2d 815 (Tenn. 1997) (negligent defendant’s liability not compared to foreseeable intentional third‑party tortfeasor; foreseeability supports joint liability)
- Limbaugh v. Coffee Med. Ctr., 59 S.W.3d 73 (Tenn. 2001) (where negligent actor and intentional actor are both defendants, defendants may be jointly and severally liable)
- Peyton v. Chase County Nat’l Bank, 262 P. 595 (Kan. 1928) (statute of limitations does not run while wrongdoer retains exclusive control as executor/administrator)
- Schoenly v. Nashville Speedways, Inc., 344 S.W.2d 349 (Tenn. 1961) (separate tortfeasors may be proceeded against separately to judgment)