Nashville at Law: A weekly roundup of civil litigation

Monday, June 16, 2008 at 12:03am

Here are some judicial cases of note for the week of June 5-11:

Davidson County Chancery Court:

• Metropolitan Government of Nashville and Davidson County, by and through Nashville Electric Service v. XO Communications Services Inc. Filed June 5. N.E.S. hired XO to lay fiber-optic cable across the Metro area in the 1990s. The deal specified that the utility would own certain strands of each cable, N.E.S. asserts, but XO has never handed over title to that bandwidth. Plaintiff's attorneys: Mary A. Baugh and Nancy A. Vincent of the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., with N.E.S. General Counsel Eugene W. Ward and staff attorney Kent W. Cochran.

• Debbie Piazza et al. v. Interactive Media Marketing Inc. and Smiley Miley Inc. Filed June 5. A mere change of venue for the Hannah Montana ticket dispute that broke out last year after fan-club members found that they could not buy concert tickets even though they had paid dues. Both parties agreed in April to move the class-action complaint from federal to state court. Plaintiff's attorneys: B.J. Wade and Lewis Lyons of Glassman, Edwards, Wade & Wyatt P.C. in Memphis, with two Pittsburgh lawyers of counsel.

• Tennessee Commercial Roe Fishermen's Association and Tennessee Commercial Fishermen's Association v. Tennessee Wildlife Resources Agency. Filed June 6. Our state does have commercial fishermen, believe it or not, and they say the state has imposed unconstitutional regulations on them. They bristle at restrictions on fyke nets, a change in minimum block lengths for paddlefish, a ban on fishing for shovelnose pallid hybrid sturgeon, and more. Well, wouldn't we all? The plaintiffs have had it up to the gills, and they want an injunction to bar enforcement of the new rules. Plaintiff's attorneys: James R. McKoon and Blake F. Murchison of McKoon, Williams & Haun, Chattanooga.

Davidson County Circuit Court:

• Davene Sawyers and Kenneth Cage, individually and as surviving parents of Aaliyah Cage (deceased) v. Tennessee Women's Care P.C. a/k/a Women's Health Alliance P.C. and Melissa Reynolds M.D. Filed June 5. Parents of a stillborn child say that a medication prescribed late in the mother's pregnancy for a urinary tract infection caused the death of the fetus. $5 million in damages sought. Plaintiff's attorney: Jonathan R. Perry of Franklin.

• Kerry Jordan v. YMCA of Middle Tennessee & Camp Widjiwagan. Filed June 5. An adult volunteer filed this complaint against the Y's popular lakeside camp. Jordan admits she did not wear a helmet offered to her as she mounted a horse at the camp a year ago, but says personnel ought to have "insisted" she wear one. Spooked by construction noise, the horse threw her, causing injuries. Unspecified damages sought for negligence. Plaintiff's attorney: Delain L. Deatherage of Hughes & Coleman.

• Lee & Dorothy Coley v. Baptist Hospital, Urology Associates P.C., Anesthesia Medical Group et al. Filed June 9. Lee Coley says he went into Baptist to have kidney stones zapped by lithotripsy. Coming out of anesthesia, he says, he fell off the operating table and suffered injuries the defendants failed to treat adequately. $1 million in damages sought. Plaintiff's attorneys: Michael H. Sneed & G. Wayne Davis of Nashville.

• William Gemmill v. Premier Orthopedics and Sports Medicine, PLC. Filed June 6. Further proof that medical care is hazardous to your health: Gemmill was a patient undressing in a treatment room, he says, when he grabbed a locker and it fell on top of him. $300,000 in damages sought. Plaintiff's attorney: Larry L. Crain of Brentwood.

Davidson County Probate Court:

• Regions Bank, trustee, in the matter of the John F. and Eliza C. Houston Trust. Filed June 10. This one is something of a historical curiosity. Regions, as successor to American National Bank – First American's predecessor – sues to change the terms of a 1939 trust that is still in effect.

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