| |
|
Ramsey ruling overturned by Appeals panel
The Tennessee Court of Appeals has overturned the ruling which threw out the 2014 lawsuit filed by Brenda Ramsey naming Cocke County, Newport and the Cocke County Central Dispatch. Ramsey of Newport alleged her daughter, Rebecca Ramsey, became distraught at her home on Washington Avenue on April 7, 2013. She said the 21 year-old displayed irrational behavior and began to indicate she was suicidal. So Mrs. Ramsey contacted 911 telling the dispatcher she needed assistance to help restrain her daughter, and to prevent her from harming herself. But the dispatcher allegedly refused to send police officers saying it “was not their policy to respond to domestic family issues.” The plaintiff contacted 911 again 45 minutes later asking for assistance, and was told that officers did not respond to issues that were domestic in nature. Eventually Ms. Ramsey drove to the police department where she found the doors were locked and there was no officer at the location, so the mother drove back home. Ms. Ramsey said she found her daughter dead in the basement of her home at 11pm, two and one-half hours after she initially requested assistance. She had died from hanging or strangulation, the lawsuit said. According to the litigation, the governmental entities had failed to adequately train their employees, and it demanded $5 million in compensatory damages and $2.5 million in punitive damages, for negligence/wrongful death and negligent infliction of emotional distress. The plaintiffs in response denied that one of its employees refused to send an officer or first responder to the home of Ramsey. In its answer, they say she “did not inform Cocke County E-911 of suicidal threats, altered behavior, property damage or violence.” And that the District “offered to send an officer to the home, but Ramsey asked that a police officer instead call her.” Circuit Court Judge Richard Vance dismissed the case saying the suicide constituted "an intervening, superseding cause.” But the appeals panel says “we conclude that the suicide was foreseeable and that the special duty exception to the public duty doctrine applies. We therefore, reverse the trial court’s granting of summary judgment and remand for further proceedings.” The ruling says the case law is clear. “Our Supreme Court and Court of Appeals on multiple occasions have held that suicide is an act, potential act, that is an intervening cause in many situations that negates any previous negligence. In this case, because of the suicide as an intervening cause, the exceptions must be met. Authoring Judge Andy D. Bennett writes, “The evidence in the record, viewed in the light most favorable to Ms. Ramsey, is sufficient to permit a finding by the trier of fact that the defendants consciously disregarded a substantial and unjustifiable risk of such a nature that its disregard constituted a gross deviation from the standard of ordinary care.”
|
Return to Today's News Stories - Front PageThursday, April 29, 2021
US 411 Project News
Mill Creek Wildfire Update
More Bad News For Smokies' Fans
Wednesday, April 28, 2021
Mill Creek Wildfire doubles in size
Goodbye Smokies?
Keep Cocke County Beautiful
Cocke Co. High School Remote Learning today!
Tuesday, April 27, 2021
The fireflies are coming!
Burnout Operations on MillCreek wildfire today
Gas prices drop
Tennessee keeps all US House seats
Monday, April 26, 2021
Boat accident victim ID'd
Traffic stop yields drug arrest
Cocke County Wildfires
Friday, April 23, 2021
Leaving WNPC
Mathis announces candidacy
Newport drug roundup
Cruise Against Cancer
Jobless numbers
|
|
|