We work to prevent problems, and we help solve the problems that can’t be prevented.
Our appellate practice team is among Tennessee’s most experienced and most successful.
Lawyers with extensive trial experience in Tennessee’s state and federal courts.
Focused advice for the particular needs of government agencies and non-profits.
We help Tennessee’s families and businesses plan for and navigate the changes that life brings.
If you’ve been hurt—from a car wreck, a fall, a medical procedure, or an accident—we can help.
Margaret Behm and Jeanie Nelson spoke with Margaret Brennan of CBS Sunday Morning about what the Nashville Public Library’s Votes for Women exhibit means to them and the impact they hope it has on future visitors. You can watch their appearance here.
The Nashville Public Library’s Votes for Women room’s virtual grand opening was today at 11:30.
One hundred years ago today, bells rang all over the country, but not in Nashville, for feelings were still too raw and tense following the close vote in the Tennessee legislature on ratification of the 19th Amendment. So, today, we are ringing the bells to celebrate this centennial anniversary and the opening of Votes for Women.
At Dodson Parker Behm & Capparella, we ring our bells for our founding partner Margaret Behm in honor of her vision for the Votes for Women room at Nashville Public Library.
Behm will be the keynote speaker for the Women of Influence Awards Wednesday, July 15th. Nashville Business Journal celebrates inspirational women across Middle Tennessee who are making history and carving the path for the next generation of female leaders. You can join virtually or learn more about the event by clicking the link below.
Donald Capparella and Tyler Yarbro Serve as Co-Counsel on Successful Appeal of Local Healthcare Liability Case
In 2012, after undergoing a procedure to have her gallbladder removed, Mrs. Yebuah learned that there was a foreign object that had been left inside her abdomen during a procedure she had previously undergone in 2005. Though the healthcare providers from the 2005 surgery admitted fault after Mrs. Yebuah and her husband filed a lawsuit, there was a trial to determine the amount of damages they had suffered.
Based upon the proof presented at trial, the jury ultimately awarded the Yebuahs $4.5 million in non-economic damages: $4 million to Mrs. Yebuah for her pain and suffering and lost enjoyment of life and $500,000 to Mr. Yebuah for his loss of consortium. After the jury reached its verdict, the trial court applied the statutory cap on damages to reduce the jury verdict in accordance with Tenn. Code Ann. § 29-39-102. The trial court ruled that the cap on damages applied to reduce Mrs. Yebuah’s award to $750,000 and that a separate cap on damages applied to Mr. Yebuah’s award, which would remain at $500,000.
The defendants appealed, arguing that the statutory cap on damages should reduce the total award by the jury to $750,000 – not that each plaintiff’s award should be separately capped at $750,000. Specifically, the defendants argued that Mr. and Mrs. Yebuah should have been awarded, at most, $750,000 for all of their collective claims. The Court of Appeals disagreed.
In examining the cap statute, Tenn. Code Ann § 29-39-102, and relying on the statute’s repeated reference that it applies to “each injured plaintiff,” the Court interpreted the statute to mean that the cap should apply to reduce damages awards to individual plaintiffs. The Court of Appeals, therefore, affirmed the judgment of the trial court and determined that the cap statute operates to give each injured plaintiff a separate, individual cap on their damages.
Donald Capparella and Tyler Yarbro served as co-counsel for the plaintiff alongside Nashville attorneys Randall L. Kinnard, Mary Ellen Morris and Jessica J. Kinnard, and Washington, DC attorney John Vail.
You can read the full opinion here.
Dodson Parker Behm and Capparella is pleased to have five lawyers included among the Nashville Business Journal’s 2020 “Best of the Bar.” The annual list is compiled through nomination, and attorneys are selected by their peers for inclusion.
- Harlan Dodson was honored in field of Estate Planning. He is the founder and co-author of Introduction to Estate Planning and Administration in Tennessee. He also counsels businesses on matters ranging from startup and formation through business succession planning.
- Margaret Behm was selected in the field of Labor and Employment. In addition to her employment work, Behm represents clients in matters related to municipal law, estate planning, bankruptcy, and commercial litigation.
- Donald Capparella was named in the Litigation and Dispute category. Focusing his practice exclusively on litigation, Capparella is regularly called upon to handle complex matters including construction defects, business disputes, personal injury, and insurance disputes at the trial and appellate level.
- Tyler Chance Yarbro was selected in the Litigation and Dispute category. She has extensive experience in courtroom advocacy to advise and assist clients with their litigation needs. She is involved in a wide range of litigation matters, including employment, probate, and criminal law.
- Miranda Christy was listed in the Real Estate category. Focusing her practice on business transactions and real estate, advising various clients on acquisitions, dispositions, financing, development, and leasing. She also counsels non-profit organizations and has experience in conservation easements and conservation finance.
Each attorney above has been named previously to the list, and firm attorneys have been named to the Nashville Business Journal’s “Best of the Bar” List for more than ten consecutive years.
–Tyler Chance Yarbro, Managing Partner
–Harlan Dodson, Founding Partner
–Margaret L. Behm, Founding Partner