Pamela Champion v. CLC of Dyersburg, LLC
2011 Tenn. App. LEXIS 77
| Tenn. Ct. App. | 2011Background
- Maggots found in a hospice patient Christine Johnson’s foot wound at Oakwood, a CLC facility.
- Ms. Johnson, age 80, terminally ill, with decubitus ulcers, admitted to hospice care on Sept. 12, 2006.
- Ms. Johnson died Sept. 18, 2006, from causes unrelated to maggots.
- Pamela Champion filed a May 2007 personal injury action on behalf of her mother and others against Oakwood, CLC, and Community Eldercare; 19 negligence allegations and claims for damages.
- Defendants moved for summary judgment (Oct. 2009) arguing no evidence of actual harm or conscious pain; Community Eldercare dismissed (Apr. 2010); trial court granted summary judgment on damages; Champion appealed.
- The Court reverses and remands, holding summary judgment on damages improper and that evidence creates a genuine issue of injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether loss of flesh constitutes a cognizable injury under Tennessee law | Champion argues injury existed via physical/psychological harm | CLC asserts no proof of injury or conscious pain | Damages element not affirmatively negated; issue remanded for trial |
| Whether defendants shifted the burden of production to Champion | Champion contends CLC failed to negate essential element of damages | CLC contends it negated element with expert and records | Trial court erred; moving party must negate element or show lack of evidence, which didn’t occur at this stage |
| Whether there was evidence of injury or damages from the maggots | Champion relies on expert/medical testimony to show injury | CLC relies on Hines affidavit to negate injury | Material issues of fact remain; Hines affidavit insufficient to negate injury; remand for trial |
Key Cases Cited
- Hannan v. Alltel Publ’g Co., 270 S.W.3d 1 (Tenn. 2008) (moving party must affirmatively negate an element or show nonproof of an essential element)
- Martin v. Norfolk S. Ry. Co., 271 S.W.3d 76 (Tenn. 2008) (de novo review of summary judgment; shifting burden on moving party)
- Overstreet v. Shoney’s, Inc., 4 S.W.3d 694 (Tenn. Ct. App. 1999) (pain and suffering includes distinct losses and components)