Kim Brown v. Christian Brothers University
2013 Tenn. App. LEXIS 512
| Tenn. Ct. App. | 2013Background
- Incidents occurred on February 27, 2011 and March 9, 2011 on Christian Brothers University's campus involving Kim Brown and campus security.
- Brown, a former CBU student, misrepresented himself as a current student and later failed to obtain proper parking and ID decals.
- On Feb. 27, Brown was questioned at the guard booth, fled, and security searched for him in the IT Building.
- On Mar. 9, Brown was detained briefly by campus police after being identified and checked for warrants, then released with conditions.
- Brown filed suit on March 14, 2011, later amending to assert thirteen claims including defamation, false light, false imprisonment, malicious harassment, negligence, assault, battery, and civil conspiracy.
- The trial court granted a directed verdict on all remaining claims after Brown nonsuited some counts; the appellate record was limited to portions approved for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the directed verdict proper on multiple claims? | Brown contends factual issues remained for trial. | CBU argues sufficient evidence supports dismissal on all claims. | Directed verdict affirmed; no material evidence supports Brown’s prima facie case on those claims. |
| Was cross-examination about Brown's prior lawsuits permissible? | Brown objects to cross-examination on other lawsuits as irrelevant. | Brown opened the door by his testimony; questioning permissible to impeach motive. | Court did not abuse discretion; admission was within trial court's control and door-opening doctrine applied. |
| Was the denial of dialing a phone number and admission of video evidence an abuse of discretion? | Brown sought to introduce phone and video evidence. | Record incomplete; appellate review limited by truncated transcript; decisions supported by record. | No reversible error; evidentiary ruling not shown to be an abuse of discretion. |
Key Cases Cited
- Coffee v. State, 216 S.W.2d 702 (Tenn. 1948) (cross-examination is within trial court’s discretion)
- Davis v. Wicker, 333 S.W.2d 921 (Tenn. 1960) (limits on cross-examination discretion)
- Brown v. Mapco Express, 393 S.W.3d 696 (Tenn. Ct. App. 2012) (defamation: whether statements are actionable and publication requirements)
- West v. Media Gen. Convergence, Inc., 53 S.W.3d 640 (Tenn. 2001) (false light invasion of privacy elements)
- Poulos v. Lutheran Social Services of Illinois, Inc., 728 N.E.2d 547 (Ill. Ct. App. 2000) (special relationship concept in false light publicity)
- Outdoor Management LLC v. Thomas, 249 S.W.3d 368 (Tenn. Ct. App. 2007) (presumption of evidentiary support in absence of complete transcript)
- Richardson v. Miller, 44 S.W.3d 1 (Tenn. Ct. App. 2000) (standards for directed verdict)
