The UT Catch-22

[hammAR]

http://knoxnews.com/news/2007/oct/25/ut-appeals-attack-decision/

UT appeals attack decision
School had no duty to protect student who was disabled, lawyer says
By Don Jacobs

Jessica Smith didn't attend the hearing Wednesday in which an attorney with the University of Tennessee argued the school had no liability in the attack five years ago that left her permanently brain damaged.

The former academic scholarship student didn't hear UT's attorney argue that the school had no duty to protect her from a brick-wielding man who smashed her skull.

The 23-year-old Smith wasn't present to listen to a UT lawyer argue that the $300,000 judgment against the school was unreasonable. That amount is the maximum allowed by law.

Instead, Smith was busy baby-

sitting at a Chattanooga hospital day care center, one of the few jobs she can hold now with her disabilities. Her dreams of becoming a veterinarian, bolstered by her honor roll grades and quick mind, have been dashed.

Smith's attorney, Bill Luther, said there was a reason for her absence Wednesday from the courtroom containing three judges with the Eastern Section of the Court of Appeals.

"I don't want her to hear us talking about her mental disabilities," Luther said.

Luther is a retired attorney who has represented Smith since the Nov. 3, 2002, attack because he is a friend of the family that lives in Hixson, Tenn.

At about 10:30 p.m. on the day of the attack, she pulled her bright orange Volkswagen into the Lake Avenue Parking Garage after work and began to walk toward the dormitories. But admitted drug addict Christopher Gann was on the prowl, and he decided he wanted Smith's car.

As Smith walked toward her dorm, Gann attacked her with a brick, striking her once in the head.

Gann later told investigators he only wanted Smith's car keys, but he was angered when Smith fought back, shoving him down concrete stairs between Terrace and Caledonia avenues.

Gann chased Smith and caught her on a landing. He dragged the screaming woman to a darkened area alongside the steps and repeatedly smashed her head with the brick.

Luther argued before a commissioner with the state Claims Commission that the university failed to provide adequate security to protect Smith from Gann. The lighting was poor, vegetation provided cover to predators, police patrols were non-existent and there were no surveillance cameras around the parking garage where dozens of crimes had occurred, Luther claimed.

After the commissioner found for Smith and granted her the $300,000 judgment, UT appealed to the full three-member Claims Commission. The university's arguments failed to sway the commission, which supported the award in a 2-1 decision.

On Wednesday, the Court of Appeals heard Peter Foley, deputy general counsel for UT, argue the Claims Commission's decision was in error.

"We're saying no one can say if the lighting had been any different, the attack would not have occurred," Foley told the judges. When Foley said UT has no duty to protect its students, Judge Sharon G. Lee asked, "Why do you have security at all if you don't have a duty to protect?"

At another time, Judge D. Michael Swiney interrupted Foley's presentation and asked, "If the Claims Commission found there was a dangerous condition on the property and the defect led to the crime, what else is there to find?"

The Claims Commission's finding of liability, Foley said, places UT "in an untenable position" and never addressed "the proximate cause of the attack."

Although UT took no steps to improve the area of the attack because of the assault, the conditions have changed. Vacant fraternity houses along Terrace Avenue have been demolished and lighting has been added to the area that now serves as a gravel parking lot.

The attack left Smith partially paralyzed on one side of her body, caused loss of hearing in one ear, required steel plates in her head and left her unable to organize her thoughts verbally or on paper.

Gann was sentenced to 16 years of imprisonment and is eligible for parole in 2012.

Smith has been sentenced to a life of menial labor, said her father, Gary Smith.

Before, Gary Smith said, his daughter was "brilliant, artistic and talented." Now, he said, she "struggles with day-to-day activities, struggles just to get by."

Don Jacobs Knoxville News Sentinel may be reached at 865-342-6345.

School Policy

[Rip Van Winkle]

Isn't it special when Liberal elites first deny our rights for self protection than turn around and clam no responsibility for our safety.

Absolutely Maddening.

[BRIT_in_the_weeds]

Someone, (an alum) should send this to the U. They would probably use the exact same arguement to defend themselves.

UT=Asshats

[Thor]

Perhaps more lawsuits like this will sway the colleges to permit carry by those who are allowed to do so ?? Someone gets attacked or mugged going to or coming from school should sue the school for a violation of civil rights.