By Bill Dries
The Daily News
April 18, 2009
http://www.memphisdailynews.com/editorial/Article.aspx?id=41959
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The first three months of 2009 saw some changes at the Shelby County Courthouse.
Circuit Court Judge Rita Stotts died two days into the year and her appointed successor, Lorrie Ritter, is preparing to take the oath of office and the bench in Division 4 this month.
Since Stotts’ death from cancer, retired Circuit Court Judge Charles McPherson has been out of retirement and presiding over a stream of civil cases, including a John Doe lawsuit against the Catholic Diocese of Memphis and the Dominican religious order.
That more than four-year-old suit was just one case – and one making some of the most news – that has hit the docket in Shelby County Circuit Court this year.
Activity in Shelby County courts was roughly unchanged during the first quarter of 2009 compared to the same period last year, according to The Daily News Online, www.memphisdailynews.com. There were 1,565 Circuit Court filings, down from the 1,596 during Q1 2008. Shelby County Chancery Court did experience a significant increase. There were 677 filings in Q1 ’09 compared to 556 in Q1 ’08.
Probate Court was virtually unchanged with 329 filings in Q1 ’09 compared to 323 in Q1 ’08.
Back to John Doe
In March, McPherson was preparing to go to trial on a four-and-a-half-year-old John Doe lawsuit against the Catholic Diocese of Memphis and the Dominican religious order. John Doe was suing both because the Rev. Juan Carlos Duran sexually abused him in 2000.
The 2004 lawsuit, filed when Doe turned 18, claimed the diocese and the Dominicans should have known or did know that Duran was a danger to children. It was one of the first two civil lawsuits filed in Shelby County alleging child sexual abuse by a Memphis priest.
A week before jury selection was to begin, the diocese and John Doe reached a settlement. That was followed days later by a settlement between John Doe and the Dominicans. The Diocese agreed to pay John Doe $1.55 million and the Dominicans agreed to pay $450,000 for a total of $2 million.
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McPherson was about to wrap up the case when The Daily News and The Commercial Appeal filed orders seeking to intervene. Both newspapers are seeking to open court records in the case. McPherson agreed to open the records but only after redacting them to remove names and other identifying details of other priests accused informally of similar abuse over the years in which no other proof or claim was offered.
He is expected to rule on what is to remain in the records and what will be redacted in early May.
McPherson retains control of the case by a special order even though Ritter will be the new Division 4 judge by the time he rules.
Other newsmakers
Among the first-quarter filings in Chancery Court, meanwhile, were more cases involving the Beale Street Entertainment District. In the most recent filings, Beale Street developer John Elkington sought to defend his lease of Handy Park for use by his company, Performa Entertainment.
Meanwhile, fallout from the bankruptcy reorganization filing by Lee’s Landing Commercial LLC, of which Elkington is president, continued. Lee’s Landing Commercial managed and leased commercial space in the parking garage building that is on the south side of the Beale Street block between Second and Third streets. The bankruptcy petition came the same day that Lee’s Landing Garage LLC, the owners of the property, held off a foreclosure auction on the steps of the courthouse by reaching an agreement with Sun Life Assurance on repayment of a $5.9 million promissory note.
In March, Seedco Financial Services Inc. sued Lee’s Landing claiming default on another promissory note for $1.47 million.
Specific numbers
Divorces with and without children were the biggest single category for Circuit and Chancery courts during the first quarter. Circuit had 621 divorce filings and Chancery had 230.
Auto accident lawsuits and breach of contract claims were the second and third most popular filing categories in Circuit followed by personal injury cases.
In Chancery, adoptions and breach of contract filings were the second and third most frequent filings followed by complaints for damages.
Over half the filings in Probate Court during the three-month period this year was wills with 171. Administrator filings were second with 77, followed by conservator with 65.
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