Court Reinstates Suit by Lawyer Who Says She Caught Inmate’s Eye Infection
A court-appointed lawyer who says she caught her client’s serious eye infection will be allowed to pursue her lawsuit against the prison warden who released the inmate for trial.
A Tennessee appeals court reinstated the suit by lawyer Lanis Karnes in a unanimous decision last Thursday, according to Jacksonsun.com.
Karnes had claimed the Madison County prison transported her client to trial, even though the inmate’s eyes were swollen shut and oozing pus. When Karnes asked what was wrong, the inmate said she had the condition for three days, but her requests for treatment were ignored. The judge allowed the trial, and Karnes sat next to the client throughout the January 2008 proceeding. After the trial, the inmate was taken to the emergency room, where she was diagnosed with a staph infection in her eyes.
Two days later, Karnes says, she was diagnosed with an eye infection that required a five-week quarantine at her home.
A trial judge had dismissed Karnes’ suit under the public duty doctrine, which holds private individuals can’t sue public officials absent a special duty not owed to the general public, the story says. The appeals court said the doctrine did not bar Karnes’ suit.
