Johnston v. Cowden

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE DOROTHY J. JOHNSTON V. FRED E. COWDEN, JR. Direct Appeal from the Circuit Court for Davidson County No. 97C-365 Thomas Brothers, Judge No. M1999-00962-COA-R3-CV - Decided May 25, 2000 This legal malpractice action was filed against the estate of a deceased attorney who allegedly failed to file a civil action and a claim for compensation under the Criminal Injuries Compensation Act on the plaintiff’s behalf. Implicitly applying the Dead Person’s Statute,

Tenn. Code Ann. § 24-1-203, the trial court granted the estate’s motion for summary judgment…