Dan Berexa's Tennessee Law Blog

George Wythe: Murder of a Founding Father

Dan Berexa's article, The Murder of Founding Father George Wythe, was published in the Tennessee Bar Journal. The article explores the life of Thomas Jefferson's mentor, George Wythe, and the trial of Wythe's grandnephew, who was accused of poisoning Wythe and two members of his household. Wythe was a distinguished jurist, statesman, and signer of the Declaration of Independence.

On June 5, 1806, 80-year-old Chancellor George Wythe cried in agony, “I am murdered!” Days later the distinguished jurist, statesman and signer of the Declaration of Independence died following a horrific two-week illness. The apparent poisoning at Wythe’s home also caused the illness of Wythe’s former slave, Lydia Broadnax, and killed Michael Brown, a young freed slave who worked and lived in the house. Our fledgling American nation was shocked to learn that Wythe’s death allegedly came at the hands of his namesake, and reprobate grandnephew, George Wythe Sweeney.[1] Wythe had taken Sweeney into his Richmond home with the hope of molding and educating the teenager, as he had done with so many young men over the years. Many of Wythe’s former pupils were the nation’s most prominent leaders, his most notable protégé and closest friend being none other than President Thomas Jefferson. The president and the young nation would follow the case closely with the expectation that the prosecution would prevail under a Virginia system of justice, which developed in large part because of the efforts and influence of Wythe and Jefferson.

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Tennessee Tort Reform Signed into Law by Governor Haslam

Today Governor Bill Haslam signed the "Tennessee Civil Justice Act of 2011" into law. The controversial tort reform package was one of the new governor’s legislative priorities and was touted as a means to create a more attractive business climate by bringing predictability and certainty with respect to litigation risks and costs. Two key provisions of the far reaching act are the caps on non-economic damages and punitive damages. Non-economic damages are broadly defined as damages for "physical and emotional pain; suffering; inconvenience; physical impairment; disfigurement; mental anguish; emotional distress; loss of society, companionship, and consortium; injury to reputation; humiliation; non-economic effects of disability, including loss of enjoyment of normal activities, benefits and pleasures of life, and loss of mental or physical health, well-being or bodily functions; and any other non-pecuniary loss of any kind or nature."

The bill caps all non-economic damages in most civil actions at $750,000 per injured plaintiff. There are exceptions, increasing the cap to $1,000,000, in cases where the injured party sustained a catastrophic loss or injury such as paraplegia or quadriplegia due to a spinal cord injury, extensive third-degree burns, multiple amputations or a wrongful death claim where the decedent is survived by one or more minor children. Also exempt from the cap are claims for intentional injuries; cases where the defendant intentionally conceals or destroys evidence to evade liability; or injuries resulting from the defendant’s intoxication. The cap does not apply to economic damages such as medical expenses, lost earnings or earning capacity, property damage, loss of business or employment opportunities or other objectively verifiable monetary losses.　

Attack on Hannan - Two New Bills Conform Tennessee Summary Judgment Standard to Federal Standard

Two new bills address Tennessee’s standard for granting motions for summary judgment.  One of the acts, which will be codified as Tenn. Code Ann.§ 20-16-101, is intended to bring Tennessee law in line with the federal standard applicable to motions for summary judgment.  This statute act is a direct response to the Tennessee Supreme Court’s 2008 decision in Hannan v. Alltel Publishing Company, which greatly restricted the availability of summary judgment, a procedure by which the court can determine the legal merits of a case prior to trial.  Prior to Hannan, summary judgment was available to dismiss a case, in full, or in part, if a party was unable to offer evidence, prior to trial, to establish the essential elements of its claims.  The act returns Tennessee law to a standard which is consistent with the federal standard and should lead to an increase in the number of cases that are dismissed, in whole or in part, on summary judgment.  The Hannan decision caused a dramatic decrease in the number of summary judgment motions that were being filed and granted.  Tenn. Code Ann. § 20-16-101 will apply to actions filed on or after July 1, 2011. 

On a related topic, Senate Bill No. 940/House Bill No. 1641 clarifies the law as it relates to summary judgment in the context of employment claims for discrimination, retaliatory discharge and wrongful discharge.  This act incorporates the federal burden-shifting standard that was also rejected by the Tennessee Supreme Court.  The new law will apply to claims accruing on or after the effective date of the act.

Dan Berexa
Nashville, Tennessee