Anderson County Circuit Court Archives

Lawsuit seeks up to $5 million in fatal truck-lawn mower crash

Posted at 4:24 pm April 9, 2019
By John Huotari Leave a Comment

A wrongful death lawsuit filed in Anderson County in December seeks up to $5 million in damages from the driver of a pickup truck who struck a man riding a commercial lawn mower on South Illinois Avenue in Oak Ridge in September.

The driver of the lawn mower, Danny Palmer, 75, of Oak Ridge, died after the crash.

The lawsuit was filed on behalf of Palmer in Anderson County Circuit Court in Clinton on December 5 by his wife, Barbara Palmer, who is represented by attorney Bruce D. Fox of Clinton.

The crash between the commercial mower being operated by Palmer and the GMC pickup truck was reported near Summit Place on South Illinois Avenue at about 2 p.m. Thursday, September 13. Preliminary findings indicated that the pickup truck hit the mower, which was in the roadway at the time of the crash, according to the Oak Ridge Police Department. Palmer died of his injuries, the ORPD said. [Read more…]

Trial set for man charged with vehicular homicide in death of 3-year-old

Posted at 12:38 pm April 1, 2019
By John Huotari Leave a Comment

A plea agreement has not been reached, and trial dates were set during a plea agreement hearing for Jason Robert Braden, center, in Anderson County Circuit Court on Friday, March 29, 2019. At left is defense attorney David Stuart, who represents Braden in a vehicular homicide case from a crash that killed a three-year-old boy in Oak Ridge in January 2017. (Photo by John Huotari/Oak Ridge Today)

A plea agreement has not been reached, and trial dates were set during a plea agreement hearing for Jason Robert Braden II, center, in Anderson County Circuit Court on Friday, March 29, 2019. At left is defense attorney David Stuart, who represents Braden in the vehicular homicide case from a crash that killed a three-year-old boy in Oak Ridge in January 2017. (Photo by John Huotari/Oak Ridge Today)

CLINTON—Prosecutors and the defense have not been able to reach an agreement on a plea deal, so a two-day trial has been set for Jason Robert Braden II, the 25-year-old Anderson County man charged with two counts of vehicular homicide, among other charges, in the death of a three-year-old boy, Jason Robert Braden III, in a crash in Oak Ridge in January 2017.

Braden had two plea agreement hearings scheduled in Anderson County Circuit Court in Clinton last month, one on Friday, March 1, and the other on Friday, March 29. But no agreement was announced during either hearing. The date was rescheduled during the March 1 hearing, and on Friday, defense attorney David Stuart said the defense and the state wouldn’t be able to reach an agreement.

At the start of Friday’s hearing, Stuart said an issue had come up. Braden had requested copies of the discovery, potential evidence that could be used at trial, so copies were made and delivered to the jail, Stuart said. But they went to the wrong Jason Braden, and Jason Robert Braden thinks that’s an ethics breach, Stuart said.

Stuart said he would have to self-report the breach if he thought he had done something wrong. Other legal officials, such as the judge and district attorney general, would also have to report him if they thought he had done something wrong, Stuart said. [Read more…]

Despite censure, lawsuit, calls for resignation, Jones still running in May 1 primary

Posted at 7:57 am May 1, 2018
By Oak Ridge Today Staff Leave a Comment

The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)

The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Court Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)

Note: This story was updated at 10:40 a.m.

CLINTON—He’s been accused of inappropriate behavior that includes unwelcome sexual advances, unwanted touching, and lewd and vulgar text messages. He’s been unanimously censured and asked to resign by the Anderson County Commission. He’s been sued in federal court. And some residents have joined commissioners in asking him to resign, or at least not seek re-election.

Despite those pleas, though, Anderson County Circuit Court Clerk William Jones, who has denied many allegations and called others false, is seeking re-election in the Anderson County Republican Party primary election on Tuesday, May 1. Jones has filed counterclaims in federal court and filed a defamation lawsuit in state court.

Some of the sexual harassment allegations appear to have been forwarded to the Federal Bureau of Investigation and other agencies, including the Tennessee Attorney General, Tennessee Department of Labor, and Tennessee Administrative Office of the Courts, according to records released by Anderson County. It’s not clear which outside agencies, if any, might be investigating the complaints, or whether the local district attorney general might be investigating.

Willliam T. Jones

Commission censures Jones, asks him to resign

The accusations against Jones, who is seeking his second four-year term, were publicly disclosed during a review of a sexual harassment complaint at an Anderson County Commission meeting on February 20.

During that meeting, Kim Jeffers-Whitaker, Anderson County’s chief deputy director of human resources and risk management, said her department had received five reports of inappropriate workplace behavior by Jones.

“The five reports create a harassing pattern,” Jeffers-Whitaker said.

She said the reports are supported by two affidavits and four sworn statements that the county’s human resources department obtained from the victims, who include four past or present employees and one citizen.

According to Jeffers-Whitaker, the alleged instances of unprofessional conduct include: [Read more…]

Settlement reached after crash between motorcycle, city electric truck

Posted at 12:45 pm February 8, 2018
By John Huotari Leave a Comment

Oak-Ridge-Turnpike-and-Illinois-Avenue-Crash-Aug-14-2016

The Oak Ridge Police Department investigates a crash between a motorcycle and a city electric truck at Oak Ridge Turnpike and Illinois Avenue on Sunday morning, Aug. 14, 2016. The electric truck is pictured at right in the background. (Photo by John Huotari/Oak Ridge Today)

A financial settlement has been reached after a crash between a motorcycle and an Oak Ridge Electric Department utility truck in August 2016 left an Anderson County man with critical, life-threatening injuries, broken bones and compound fractures, a head injury, permanent impairments—and medical bills of almost $1 million, according to court records.

The settlement agreement between Don and Charlotte Wyrick, conservators for Brandon Wyrick, who was critically injured in the crash, and the City of Oak Ridge was approved by Anderson County Circuit Court Judge Don Elledge in Clinton on January 23.

The agreement said Wyrick would be eligible to receive, under Tennessee law (Tennessee Code Annotated 29-20-403), no more than a damage cap of $300,000, if he were successful at trial. In December, the city agreed to pay that $300,000 maximum.

Also as part of the settlement agreement, the city’s insurance provider will “satisfy medical liens and subrogation interests” of about $663,000. That’s reported to be possible through the Tennessee Municipal League Risk Pool.

“This figure is above and beyond the tort cap and will be paid to the medical providers in previously agreed-upon amounts for expenses incurred to date,” the settlement agreement said. [Read more…]

Anderson County man charged with attempted murder

Posted at 11:04 am September 12, 2017
By John Huotari Leave a Comment

Jason Bradley Braden

An Anderson County man was charged with attempted first-degree murder, especially aggravated kidnapping, aggravated assault with serious bodily injury, and carjacking, among other charges, in indictments filed September 5.

Jason Bradley Braden, 28, of Longmire Road, is also facing theft, burglary, and trespassing charges.

The indictments said Braden intentionally tried to kill Marietta Banks on August 12, and he seriously injured her during the assault. Braden also assaulted Melissa Byrge, seriously injuring her, the indictments said.

The assaults were committed while Braden was displaying a crowbar and a knife, according to the indictments.

It’s not clear from the indictments if the alleged assaults occurred at the same time. [Read more…]

Negligence lawsuit of up to $10.5 million filed in car-trailer crash

Posted at 5:51 pm July 10, 2017
By John Huotari Leave a Comment

Car-Trailer-Crash-Emory-Valley-Road-Sept-2-2016-1-Web

The crash between a car and trailer with a skid steer loader on it on Emory Valley Road on Friday evening, Sept. 2, 2016, happened after the trailer came loose from a truck hitch and crossed into an oncoming lane, where it hit the car, authorities said. It took firefighters and rescuers about 55 minutes to free the female driver pinned inside the car, and they used a tow truck to help lift the trailer and loader to take weight off the woman. (Photo by John Huotari/Oak Ridge Today)

A negligence lawsuit of up to $10.5 million was filed last month after a September 2 crash between a car and a trailer carrying a skid steer loader injured an Oak Ridge woman and pinned her inside her car for almost an hour before rescuers were able to free her and fly her to a trauma center in Knoxville.

Arminda “Mindy” Carter, a nurse who lives in Oak Ridge, was driving west on Emory Valley Road in her 2010 Toyota Camry at about 5:29 p.m. September 2, headed to her job at East Tennessee Children’s Hospital, according to the legal complaint, which was filed in Anderson County Circuit Court in Clinton on June 2.

Headed the other way, toward the Oak Ridge Marina, was an eastbound 1994 GMC dump truck driven by Gerald D. Cureton, 71, of Knoxville. He was pulling a trailer with a CASE skid steer loader that weighed about 6,000 pounds, the complaint said.

As the two vehicles approached the intersection of Emory Valley Road and Carnegie Drive in east Oak Ridge, the trailer with the loader on it came off the hitch of the dump truck driven by Cureton, the complaint said.

“Once detached from the dump truck, the trailer and skid steer then crossed into the westbound lane of travel, where it violently collided with the plaintiff’s vehicle (the Camry driven by Carter),” the June 2 lawsuit said. “The trailer and skid steer came to rest on top of the plaintiff’s vehicle, leaving her trapped under its weight for nearly an hour as rescue workers scrambled to free her.”

The trailer carrying the skid steer loader did not have operational brakes or adequate safety chains, a violation of state law, according to the lawsuit. [Read more…]

Applewood Apartments: Case that once called for $400,000 fine has been dismissed

Posted at 10:53 am July 3, 2017
By John Huotari 4 Comments

The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

Note: This story was last updated at 12:25 p.m.

CLINTON—A court has dismissed a case that once called for a $400,000 fine against the owner of three now-vacant Applewood Apartments buildings on Hillside Road in Oak Ridge.

Charges against the original defendant, former Applewood Apartments manager Tammy Sandlin, have been dismissed, and she is the only properly named defendant in the complaint, Anderson County Circuit Court Judge Don R. Elledge said in a dismissal order filed Wednesday, June 21.

The Tennessee Court of Appeals had issued an opinion on October 15, 2015, that vacated, or voided, the $406,520 judgement against Applewood Apartments owner Joseph J. Levitt Jr. because he had not been effectively added as a defendant in the city’s lawsuit, Elledge said.

At that time, the Court of Appeals remanded the case, or sent it back to, Anderson County Circuit Court in Clinton for further proceedings, “including the filing and serving of an amended complaint or city warrant against Mr. Levitt,” Elledge said in his order to dismiss.

The Court of Appeals decision essentially said that Levitt has to be given a chance to defend himself, Elledge said during a motion hearing in Circuit Court on Friday, June 9. A jury trial had been scheduled for March 9, 2018. The City of Oak Ridge is the plaintiff.

But no amended complaint has been filed by the city since the Court of Appeals decision almost two years ago, and Levitt has never been served with an amended complaint, Elledge said during the June 9 motion hearing. [Read more…]

Updated: Four lawsuits filed after fatal July 4 parking lot crash

Posted at 11:30 am April 12, 2017
By John Huotari Leave a Comment

Pictured above during a hearing on lawsuits filed against Lee Cromwell, second from left, are attorneys Jason Fisher, left James Y. "Bo" Reed, second from right; and Bruce Fox. Personal injury and wrongful death lawsuits have been filed against Cromwell, 68, an Oak Ridge resident convicted of vehicular homicide and eight counts of aggravated assault for a fatal crash in a crowded parking lot at Midtown Community Center after fireworks on July 4, 2015. The hearing was Wednesday, April 12, 2017, in Anderson County Circuit Court in Clinton. (Photo by John Huotari/Oak Ridge Today)

Pictured above during a hearing on four lawsuits filed against Lee Cromwell, second from left, are attorneys Jason Fisher, left; James Y. “Bo” Reed, second from right; and Bruce Fox. Personal injury and wrongful death lawsuits have been filed against Cromwell, 67, an Oak Ridge resident convicted in February of vehicular homicide and eight counts of aggravated assault in a fatal crash in a crowded parking lot at Midtown Community Center after fireworks on July 4, 2015. The hearing on the lawsuits was Wednesday morning, April 12, 2017, in Anderson County Circuit Court in Clinton. (Photo by John Huotari/Oak Ridge Today)

Note: This story was last updated at 11 a.m. April 13.

CLINTON—Four lawsuits, including personal injury and wrongful death complaints, have been filed against Lee Cromwell, the Oak Ridge man convicted of vehicular homicide and aggravated assault in February after a fatal crash in a crowded parking lot at Midtown Community Center after fireworks on July 4, 2015. The four lawsuits seek up to about $7.5 million in damages. The amount could be larger because one of the lawsuits doesn’t specify a damage amount.

Three of the lawsuits have been settled or are pending settlement, attorney James Y. “Bo” Reed of Knoxville said in a hearing in Anderson County Circuit Court in Clinton on Wednesday morning. Reed represents Cromwell, 67, in the civil cases.

The terms of the settlements haven’t been publicly disclosed. One of the settlements, in the case of Janicia Henderson and four children, is listed in Anderson County Criminal Court Clerk records, but it remains under seal because there are juveniles involved.

A trial date has been scheduled for October 25 in the case that hasn’t been settled or where a settlement isn’t pending. That’s a civil complaint, a personal injury lawsuit, filed by Michael Eldridge and his wife Elizabeth Eldridge of Oak Ridge. [Read more…]

Twenty-four indicted in second cocaine conspiracy of 300 grams or more

Posted at 7:14 am May 9, 2016
By John Huotari 4 Comments

Edward Javard Mitchell

Note: This story was last updated at 10:08 p.m.

Twenty-four people, most of them Oak Ridge residents, have been indicted by the Anderson County Grand Jury in a second alleged cocaine conspiracy of 300 grams or more. That makes a total of 33 people who have been indicted in two separate conspiracies to allegedly manufacture, distribute, and sell 300 grams or more of cocaine last year.

There are other charges that apply to some of the suspects as well.

The indictments allege that the two conspiracies, one involving 11 people and the other involving 24, both occurred between May 14 and December 23, 2015. The indictments are being posted by the Anderson County Circuit Court Clerk following a drug suspect roundup that started Thursday and continued into Saturday in Oak Ridge. It’s not clear yet if other communities were involved, or if authorities have alleged additional conspiracies. Also, all the charges against all the defendants don’t appear to be posted yet.

Two of the defendants are named in both conspiracies.

Authorities have said little about the case so far. But they plan to release more information about what they have described as a complex, multi-county criminal investigation during a Monday afternoon press conference in the Clinton office of Seventh Judicial District Attorney General Dave Clark. Authorities have said parts of the investigation were unprecedented. Local, state, and federal law enforcement agencies are expected to report on the investigation during the Monday afternoon press conference. [Read more…]

Former Anderson County commissioner, teacher indicted in alleged church theft

Posted at 5:16 pm February 11, 2016
By John Huotari Leave a Comment

James Michael Cox

Note: This story was last updated at 9:15 a.m. Feb. 12.

A former Anderson County commissioner, commission chair, and teacher has been indicted on one count of theft over $60,000 from a church in Rocky Top, authorities said.

James Michael “Mike” Cox surrendered at the Anderson County Detention Facility in Clinton on Thursday afternoon, Anderson County District Attorney General Dave Clark said.

Cox was indicted by the Anderson County Grand Jury on the Class B felony on February 2.

The theft of about $100,000 is alleged to have occurred from Longfield Baptist Church in Rocky Top, the former Lake City, between June 1, 2011, and December 1, 2014, Clark said. [Read more…]

Appeals court rules in favor of Covenant Health, other defendants in excessive radiation lawsuit

Posted at 6:29 pm June 25, 2015
By John Huotari Leave a Comment

A three-judge appeals court panel has ruled in favor of Covenant Health and two other defendants in five lawsuits that alleged that the absence of shielding in part of the emergency department at Methodist Medical Center exposed five X-ray and radiologic technologists, including two who were pregnant, to excessive radiation.

The unanimous opinions by the three Tennessee Court of Appeals judges—D. Michael Swiney, John W. McClarty, and Thomas R. Frierson II—were filed June 9 in Knoxville. They affirmed an order by Anderson County Circuit Court Judge Donald R. Elledge granting a summary judgement in favor of the defendants: Covenant Health, Rentenbach Engineering Company, and TEG Architects LLC.

The lawsuits were filed in January 2014 by Connie Raby, Keith Gillis, Michael Phillips, Mary Ridenour on behalf of her and her child, and Micah Noelle Lewellen on behalf of her and her child.

The lawsuits alleged that the technologists were exposed to excess radiation for several years at Methodist Medical Center because some walls in and around a radiology imaging center in the new emergency department, which opened in February 2006 as part of a hospital remodel, were built without the required lead shielding, elevating the workers’ risk of health problems, including cancer. [Read more…]

Fired football coach files $1.1 million lawsuit

Posted at 1:41 pm August 10, 2014
By John Huotari Leave a Comment

Don Colquitt

A former football coach and teaching assistant has filed a $1.1 million lawsuit against Oak Ridge school officials alleging that his firing in February was based upon a single “false complaint” from a student who alleged inappropriate contact—and he never had a chance to respond to the charges.

Coach Donald Colquitt suggested his reputation has been sullied by the unspecified complaint of “inappropriate contact with an Oak Ridge High School student,” and his local football career has been ruined. He filed a wrongful termination lawsuit in Anderson County Circuit Court on August 4.

“The ‘unanswered’ cloud of secrecy over the vague complaint allegedly filed against the plaintiff by an Oak Ridge High School student has caused him to effectively lose his career as a football coach in the Oak Ridge community, where he has engaged in that activity for some 19 years, and has further affected his reputation and character as a civic leader and football coach in the Oak Ridge school system,” the lawsuit said. “He will be unable to engage in such activity in the future and has sustained damages for loss of his career and future as a football coach, with damages resulting from the adverse imputation to his name, as well as his reputation in the community.”

The defendants are Oak Ridge Schools Superintendent Bruce Borchers and the Oak Ridge Board of Education.

Colquitt said he has never acted inappropriately or made any inappropriate contact with an ORHS student while employed by Oak Ridge Schools, but both the superintendent and school board have denied his right to be heard, including through a grievance hearing before the board. [Read more…]