Oak Ridge Today

Settlement reached after crash between motorcycle, city electric truck

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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…]

Ouster suit petitioners, attorney have Q&A session Tuesday

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Lynn Byrge

Lynn Byrge

CLINTON—The petitioners in the ouster suit against Anderson County Law Director Jay Yeager will have a question-and-answer session with their attorney Gregory Brown in Clinton on Tuesday.

The session will be held at the Clinton Community Center at 6 p.m. Tuesday, October 21, a press release said. The session will be open to the public and to the media.

A group of 22 Anderson County citizens have appealed a special judge’s decision to dismiss their ouster lawsuit against Yeager. Petitioners have asked their attorney to answer questions regarding the case and the appeal, the release said. [Read more…]

Irwin: Frank may have to hire commission attorney in Yeager ouster suit

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Chuck Fritts, Myron Iwanski, and Dusty Irwin

Anderson County Commissioner Dusty Irwin, right, has proposed a special meeting to possibly repeal an approved motion made last week by Commissioner Myron Iwanski, center, that covers legal fees for current and former county employees in the ouster suit filed against Law Director Jay Yeager. Also pictured is Anderson County Commission Chair Chuck Fritts.

 

Jay Yeager and Terry Frank

Anderson County Mayor Terry Frank, right, and Law Director Jay Yeager have been embroiled in several high-profile disputes, including over an ouster suit filed in May in Chancery Court.

Irwin says he’s willing to consider options

CLINTON—Anderson County Mayor Terry Frank may be the only person authorized to hire an attorney to represent county commissioners responding to subpoenas or other legal notices filed in the ouster suit against Law Director Jay Yeager, a commissioner said Monday.

That means a motion approved 13-2 by the Anderson County Commission last week might have to be repealed, said Commissioner Dusty Irwin, whose district includes Norris and Andersonville. That motion allows each commissioner to hire their own attorney and bill the county, Irwin said.

He said his recommendation this week is based on his interpretation of state law and attorney general’s opinions. He’s called for a special meeting to repeal last week’s motion by Commissioner Myron Iwanski, who represents part of Oak Ridge and is former interim county mayor, and consider a new motion that asks Frank to find and hire an attorney to replace Yeager in the case.

“Although I am no lawyer, the attached seems clear that the commission cannot authorize or hire legal counsel in the absence of a law director, and our law director (Jay Yeager) has stated to the commission that he cannot represent or advise us on the ouster suit he is currently involved in,” Irwin said in a Monday e-mail forwarded to commissioners and the media. “Also, it appears to me that only the the county mayor can perform this hiring action and that the commission may only approve the expenditure by a majority vote.”

It’s not clear if other commissioners will agree. Iwanski was unavailable for comment Tuesday morning. [Read more…]

County officials urged to hire attorneys in ouster suit as legal fees rise

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Jay Yeager and Lynn Byrge

Anderson County Law Director Jay Yeager, left, the defendant in an ouster suit filed by a group of residents, is pictured with Lynn Byrge, one of the petitioners, during a Monday morning Anderson County Commission meeting.

 

Note: This story was last updated at 10:06 a.m. July 22.

CLINTON—The legal fees in a few high-profile disputes between top Anderson County officials could approach a half-million dollars, and Anderson County commissioners should all seek their own legal counsel in an ouster lawsuit filed against the law director, stunned commissioners were told Monday.

Subpoenas have already been issued in the ouster suit, and several officials, including a few County Commissioners, have reportedly received letters asking them to waive their attorney-client privilege.

Anderson County Commissioner Myron Iwanski, who is former interim mayor, said some of the records he’s been asked to provide go back 10 years, and some of them are personnel records. Iwanski said he needs legal representation because he doesn’t want to disclose anything improper, a mistake that could lead to another lawsuit.

“It’s about trying to do what’s right for the county,” Iwanski said.

He said former Anderson County Jail Administrator Avery Johnson has also been served with a subpoena and will need legal representation.

“This is just the start of the legal battle,” Iwanski said. [Read more…]