Jones v. Life Care Ctrs. of Am.
| Decision Date | 16 May 2023 |
| Docket Number | M2022-00471-COA-R3-CV |
| Parties | ANNIE J. JONES, BY AND THROUGH HER CONSERVATORSHIP, JOYCE SONS a/k/a CALISA JOYCE SONS v. LIFE CARE CENTERS OF AMERICA d/b/a LIFE CARE CENTER OF TULLAHOMA |
| Court | Tennessee Court of Appeals |
Session January 5, 2023
Appeal from the Circuit Court for Coffee County No. 2020-CV-46643 William A. Lockhart, Judge
This appeal arises from an incident in which the nude body of a resident at an assisted living facility was exposed on a video call via telephone when an employee of the healthcare facility engaged in a personal call while assisting the resident in the shower. The resident, by and through her conservator/daughter ("Plaintiff"), sued the owner and operator of the healthcare facility, Life Care Centers of America d/b/a Life Care Center of Tullahoma ("Defendant"), asserting a claim of "Negligence Pursuant to the Tennessee Medical Malpractice Act" and a generalized claim for invasion of privacy with allegations of "Gross Negligence, Willful Wanton, Reckless, Malicious and/or Intentional Misconduct." Relying on the undisputed fact that the resident was unaware and never informed that the incident occurred, Defendant moved for summary judgment due to the lack of a cognizable injury or recoverable damages. Plaintiff opposed the motion, contending that actual damages were not an essential element of her claims and, in the alternative moved to amend the complaint to specifically assert a claim for invasion of privacy based on intrusion upon the resident's seclusion and a claim for negligent supervision. The trial court summarily dismissed the complaint on the ground "that damages for invasion of privacy . . . cannot be proven as it would be impossible to suffer from personal humiliation, mental anguish or similar damages since [the resident] is unaware that the incident happened" and denied the motion to amend the complaint on the basis of futility. Plaintiff appealed. We have determined that the gravamen of the complaint states a claim for invasion of privacy based upon the distinct tort of intrusion upon seclusion. We have also determined that actual damages are not an essential element of a claim for invasion of privacy based on the distinct tort of intrusion upon seclusion. Thus, Defendant was not entitled to summary judgment. Moreover, granting leave to amend the complaint would not have been futile. Accordingly, we reverse the trial court's decision to summarily dismiss the complaint reverse the decision to deny the motion to amend the complaint, and remand with instruction to reinstate the complaint, grant the motion to amend the complaint, and for further proceedings consistent with this opinion.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Reversed and Remanded
Richard D. Piliponis, Benjamin J. Miller, Sarah L. Martin, Nashville, Tennessee, for the appellant Calisa Joyce Sons as Administrator Ad Litem for the Estate of Annie J. Jones.
Alan S. Bean, K. Nicole Poole, Franklin, Tennessee, for the appellee Life Care Centers of America, Inc. d/b/a Life Care Center of Tullahoma.
OPINION
Ms Annie Jones, a resident of Life Care Center of Tullahoma since 2017, had impaired cognitive functioning and required assistance with activities of daily living. On February 12, 2019, a certified nursing aide ("CNA") employed by the healthcare facility was assisting Ms. Jones in the shower room when she received a video call from her incarcerated boyfriend. The CNA propped her phone on a shelf to continue the call, while continuing to assist Ms. Jones in the shower. During the call, Ms. Jones's nude body was partially visible, one staff member called Ms. Jones by her first name, while two other CNAs removed Ms. Jones's briefs. However, Ms. Jones was unaware of the video incident, and it is undisputed that no one ever informed her of the incident.
Nevertheless, an employee of the Bedford County Sheriff's Department, who was monitoring the inmate's video call, saw the nude resident and notified Defendant shortly thereafter. Two members of Defendant's staff later viewed the video and identified the nude resident as Ms. Jones and the CNA involved in the video call.[1] Acting on behalf of Defendant, a physician and social services representative interviewed Ms. Jones the day after the incident and concluded that she showed no signs of distress or knowledge that the event had occurred. It is also undisputed that Ms. Jones never mentioned the incident, nor did she make any indication that she was aware that the event occurred. Further, it is undisputed that Ms. Jones incurred no financial expenses as a result of the incident.
Defendant subsequently notified Calisa Joyce Sons, Ms. Jones's daughter and conservator, of the incident by phone. Defendant also sent her a letter that included a report of the incident and Defendant's response, which reads in pertinent part:
Breach of privacy was reported to Adult Protective Services, area Ombudsman, and to TN Department of Health. These agencies conducted additional investigations. The facility began an investigation and gathered additional information from area law enforcement. The associate was charged with unlawful photographing in violation of privacy and facility terminated employment on 2-13-19. During the investigation, three witnesses were identified who failed to report knowledge of cell phone use in a patient area, which is prohibited by facility policy. Patient assessments and interviews were completed. Patient was seen by MD and Social Services and no acute changes of condition identified. Associate education related to cell phone policy, social media policy, abuse and neglect, and reporting requirements was completed.
On February 12, 2020, Ms. Sons, acting in her capacity as Ms. Jones's conservator, filed a complaint alleging "Negligence Pursuant to the Tennessee Medical Malpractice Act, Tenn. Code Ann. §29-26-115, et seq." and a generalized claim for invasion of privacy with allegations of "Gross Negligence, Willful, Wanton, Reckless, Malicious and/or Intentional Misconduct." After discovery, Defendant filed a motion for summary judgment, stating, "There is no genuine issue as to any material fact regarding the lack of any cognizable injury under Tennessee law or any resulting recoverable damages from the incident alleged." Plaintiff then filed a response in opposition to the motion for summary judgment, noting that Ms. Jones "has not claimed physical, mental, or emotional injury" but has instead claimed "injuries of loss of privacy and dignity." Plaintiff also filed a motion to amend her complaint to include claims of invasion of privacy based on intrusion upon seclusion and negligent supervision. Defendant filed a response in opposition to the motion to amend on the basis that Plaintiff could not show actual damages, contending that any proposed amendments would be futile without such proof.
In support of and as an exhibit to Defendant's motion and statement of undisputed material facts, Defendant offered the affidavit of Larry Tune, M.D., a professor of psychiatry and neurology, who has practiced and served as medical director in several long-term care facilities in Georgia. After reviewing Ms. Jones's records, Dr. Tune concluded, "More likely/probably than not, Ms. Jones did not suffer any physical, mental, or emotional injury as a result of the events surrounding the allegations in the Complaint, which would not otherwise have occurred." In her response to the motion for summary judgment, Plaintiff presented the affidavit of Jonathan Klein, M.D., a licensed physician in Virginia with training and knowledge in nursing home and hospital care. Based upon a review of Ms. Jones's records, Dr. Klein opined:
Annie Jones suffered a loss of privacy and dignity due to the inadequate care and treatment provided by Life Care Center of Tullahoma. . . . It is my opinion, that to a reasonable degree of medical certainty, the foregoing injuries were caused by the negligent and/or abusive care provided by Life Care Center of Tullahoma. . . . I believe to a reasonable degree of medical certainty that Life Care Center of Tullahoma deviated from the standard of care required of them in their treatment of Annie Jones. . . . It is my opinion, to a reasonable degree of medical certainty that the foregoing deviations in the standard of care by Life Care Center of Tullahoma caused Annie Jones to needlessly suffer the injuries detailed above.
After a hearing on Defendant's motion for summary judgment and Plaintiff's motion to amend the complaint, the trial court granted Defendant's motion for summary judgment, reasoning that "Plaintiff cannot prove the existence of any cognizable injury or damages from the incident" and that "the undisputed expert testimony by Dr. Tune affirmatively negate[s] the essential element of injury or loss." The court also denied Plaintiff's motion to amend the complaint, reasoning, "[E]ven if the court were to allow the requested amendment, a claim for invasion of privacy still requires actual damages."
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