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VOL. 111 | NO. 75 | Thursday, April 17, 1997
Sheyla P
BellSouth Advertising and Publishing Corp. vs. Industrial Machine and Fabrication Inc. A Georgia corporation has filed suit in Circuit Court against a Tennessee machine company for breach of contract. On or about April 17, 1991, Industrial Machine and Fabrication Inc., which has its principal office in Memphis, entered a contract with BellSouth Advertising and Publishing Corp. where BellSouth agreed to publish advertising for the defendant in the December 1991-December 1992 issue of the Greater Memphis Area Yellow Pages. BellSouth published the advertisement but claims that the defendant has not paid for the service. According to the suit, Industrial Machine and Fabrication, after all just credits have been given, owes BellSouth Advertising $23,413. The suit alleges the defendant has failed and refused to make any payments to the plaintiff. According to the suit, Industrial Machine and Fabrication Inc. is liable to the plaintiff for reasonable attorneyís fees, late charges in the maximum amount allowed by law and court costs incurred by the plaintiff in collecting the payments due under the contract. H. Leo Beale is the attorney for the plaintiff.
Sheyla P. Brooks, individually and as next friend of Brandy D. Jackson, a minor vs. Harding Academy of Memphis Inc.; James Hassell and Joy Hassell, and as parents of Jim Hassell; John Grisanti Jr. and Toni Grisanti, individually, and as parents of Anthony Grisanti; Eunjung Lee and Hyon Lee, individually, and as parents of Jonathan Lee. A Memphis woman has filed suit in Circuit Court against Harding Academy and the parents of three kindergarten boys for negligence. Brooks claims that on or about April 15, 1996, her 7-year-old daughter was assaulted on the playground at Harding Academy by the three minor defendants, also in the kindergarten class at Harding. Brooks claims Harding Academy was negligent and the parents of the three boys were negligent. Brooks claims her daughter sustained and that as a direct and proximate result of the negligence of the defendants she has incurred medical expenses and lost wages. She is seeking damages not to exceed $100,000, and her daughter, Jackson, through her mother, is seeking damages not to exceed $200,000. Lee Ann Pafford Dobson is the attorney for the plaintiff.
Charles S. McDonald, executor of the estate of Alice M. McDonald vs. Robert L. Green; Neeley Green; Fargarson Brooke and Summers, a Tennessee partnership; Dixie White Ishee; and Harkavy, Shainberg, Kosten and Kaplan, P.A. A Memphis man has filed suit in Circuit Court against several Memphis attorneys for negligence. In February 1991, the estate of Alice M. McDonald retained the defendant Ishee to represent it in the prosecution of a medical malpractice claim against certain physicians and a hospital whose negligence caused the death of McDonald, according to the suit. In late 1994, the estate sought the services of the defendant Green to further the prosecution of the cause. In November 1995, offers in the aggregate amount of $425,000 were made to the plaintiff by the defendants in the medical malpractice action. Upon the advice of the counsel representing the estate, the offer of $100,000 from the defendant hospital was accepted, however, the offer of $325,000 from the physiciansí insurance company was declined. Throughout the defendant Isheeís representation of the estate, she had assured the plaintiff that the case was worth in excess of $1 million, the suit says. She failed to advise McDonald to accept the offer, according to the suit. Green, in turn, failed to advise the plaintiff to accept the offer and convinced the plaintiff to not accept the offer of $325,000 from the defendant physicians. The suit claims that the defendant attorneys were the ìproximate cause of the plaintiffís losses and damages which exceed $500,000.î In February 1996, following a jury trial, a verdict was rendered in favor of all defendants in the medical malpractice action. Green continued in his representation of the estate through April 15, 1996, when the court entered an order dismissing or withdrawing the plaintiffís motion for a new trial. Green had advised the plaintiff to withdraw his motion in the erroneous belief that the defendant physicians had made a valid offer of judgment and under Rule 68 would be able to recover substantial expenses from the plaintiff. McDonald is seeking compensatory damages and demands a jury to try the cause when the issues are joined. James F. Schaeffer Jr. is the attorney for the plaintiff.