Shouse v. Otis
| Decision Date | 18 December 1969 |
| Citation | 448 S.W.2d 673,2 Pack 1,224 Tenn. 1 |
| Parties | , 224 Tenn. 1 Margaret P. SHOUSE, Administratrix of the estate of Elton E. Shouse, and Berry Morticians, Inc., Petitioners, v. Mildred C. OTIS, Respondent. |
| Court | Tennessee Supreme Court |
Richard L. Carson, Arthur D. Byrne, Charles D. Lockett, Knoxville, for petitioners.
Robert H. Leonard, Sumter D. Ferguson, Jr., Knoxville, for respondent.
Mrs. Mildred C. Otis, the plaintiff, sued Dr. Elton E. Shouse and Berry Morticians, seeking damages for allegedly being forcibly and wrongfully committed to Eastern State Hospital, a mental institution. The declaration contained a common law count alleging negligence and wrongful conduct on the part of each of the defendants and a statutory count alleging violation by defendants of T.C.A. Sections 33--304, 33--603 and 33--605, which are part of the 1965 Mental Health Law. Compensatory and punitive damages were sought on both counts.
Special pleas were ordered, and the plea of Dr. Shouse admitted the execution of a committing form, and that he wrote a note which was attached to the form, describing Mrs. Otis' condition and recommending commitment. Both defendants denied any negligent act or violation of any statute on their part which caused or resulted in plaintiff's arrest, imprisonment and detention.
At the close of all the evidence the trial judge directed a verdict for the defendant, Berry Morticians, on all counts. Also, a verdict was directed in favor of the defendant, Dr. Shouse, as to the common law count with a verdict being directed in favor of the plaintiff and against Dr. Shouse on the question of liability as to the statutory count.
Only the issues of compensatory and punitive damages, as they pertained to Dr. Shouse on the statutory count, were submitted to the jury. A verdict was returned in favor of the plaintiff for $35,000.00 compensatory damages and $10,000.00 punitive damages. Plaintiff and defendant Dr. Shouse filed motions for new trials which were overruled, with the court suggesting a remittitur of $20,000.00 as to the compensatory damages and $5,000.00 punitive damages. Plaintiff and defendant, Dr. Shouse, appealed to the Court of Appeals.
Subsequent to the initiation of the appeal Dr. Shouse died, but the suit was revived in the name of Margaret P. Shouse, Administratrix of the Estate of Elton E. Shouse.
The Court of Appeals affirmed the $15,000.00 judgment for compensatory damages and reversed as to the award for punitive damages, holding that it was improper to submit to the jury the question of punitive damages. That Court also reversed the trial judge in directing a verdict for Berry Morticians and remanded the case to the Circuit Court for a new trial against Berry.
Mrs. Otis, Margaret Shouse and Berry Morticians filed petitions for certiorari in this court. Only the petition for certiorari as to Berry Morticians was granted.
The sole question in this Court is whether the trial judge was in error in directing a verdict in favor of Berry Morticians, as to the plaintiff's common law count alleging negligence and wrongful conduct on its part.
The pertinent facts are as follows:
Mildred Otis, a divorcee, married Mr. Otis in February 1963. Dr. Shouse had treated Mrs. Otis for some time and performed an operation on her late in 1964. After the operation he saw her periodically until April 1965. This was the last date he had seen or examined her.
On the afternoon of September 9, 1965, Dr. Shouse received a call from Mr. Otis who stated that he was concerned about his wife's behavior. Mr. Otis visited the office of Dr. Shouse that evening and told him about some of their marital difficulties. He advised the doctor that both he and his wife had been to Child and Family Services in search of a solution to their problems; but Mrs. Otis had become highly agitated and refused to return for further meetings. Dr. Shouse recommended that Mr. Otis get her to someone for a psychiatric examination.
On September 10, 1965, Mr. Otis returned to the office of Dr. Shouse. Arrangements were made by Dr. Shouse for Mr. Otis to go to Eastern State Hospital and procure the necessary commitment form. This form was returned to Dr. Shouse who completed it, signed same along with Mr. Otis and attached thereto a written note:
'I believe the only solution is for the patient to be committed for study.'
While at Eastern State Hospital Mr. Otis obtained the services of two orderlies. He then called Berry Morticians for an ambulance. Berry's ambulance with two attendants met with the two orderlies and Mr. Otis near the Otis' home. Upon instructions of Mr. Otis these four men were to wait a few minutes so as to give Mr. Otis time to take his child out of the house and then proceed to the Otis' home to pick up the plaintiff.
During this conversation one of Berry's attendants asked Mr. Otis if he had the commitment...
To continue reading
Request your trial
-
McClenahan v. Cooley
... ... See Lindsey v. Miami Dev. Corp., 689 S.W.2d 856, 858 (Tenn.1985); Shouse v. Otis, 224 Tenn. 1, 448 S.W.2d 673 (1969); Ruth v. Ruth, 213 Tenn. 82, 372 S.W.2d 285 (1963). Our opinions have recognized that proximate ... ...
-
Roberts v. Robertson County Bd. of Educ.
... ... Shouse v. Otis, 224 Tenn. 1, 7, 448 S.W.2d 673, 676 (1969), and Ruth v. Ruth, 213 Tenn. 82, 86, 372 S.W.2d 285, 287 (1963) ... Any ... ...
-
Winchester v. Little
... ... Shouse v. Otis, 224 Tenn. 1, 448 S.W.2d 673 (Tenn.1969). Failure to establish any one of these elements is fatal to a cause of action for negligence ... ...
-
Sumner v. US, 3:90-0204.
... ... In addition, proximate cause means cause in fact or that "but for" the actor's negligence the injury would not have been inflicted. Shouse v. Otis, 224 Tenn. 1, 448 S.W.2d 673, 676 (1969). In order to establish proximate cause, a plaintiff must introduce evidence that affords a ... ...