For the first time in history, on Wednesday, April 1, 2020, the Tennessee Supreme Court held an oral argument by video conference. A recording of the video conference oral argument is available on the Supreme Court’s oral argument videos webpage. This new approach is part of efforts by courts at all levels to find innovative and creative ways to continue to conduct essential court business across the state. All of these efforts are part of the commitment to keep courts open during the COVID-19 pandemic, while balancing that priority with concerns for the health and well-being of all litigants, attorneys, judges, and employees of the court system.
The case heard via video was Lataisha M. Jackson v. Charles Anthony Burrell et al.This healthcare liability action arose when the plaintiff, Lataisha Jackson, alleged that an employee, Charles Burrell, at Gould’s Salon Inc. d/b/a Gould’s Day Spa & Salon (“Gould’s”) sexually assaulted her while she was getting a massage. Ms. Jackson filed claims of vicarious liability, negligence, and negligent supervision, retention, and training against Gould’s. Gould’s filed a motion for summary judgment claiming, in part, that the negligence claims could not survive because Ms. Jackson failed to file a certificate of good faith, which is a pre-suit notice requirement under the Tennessee Health Care Liability Act (“THCLA”). Please note the content of this oral argument may not be appropriate for all ages.