Skip to main content

Lataisha M. Jackson v. Charles Anthony Burrell

Tenn. Ct. App.January 16, 2019No. W2018-00057-COA-R3-CV
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Judge(s)
Judge Arnold B. Goldin
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment / appeal

Related Laws

No specific laws identified for this ruling.

Outcome

Trial court's summary judgment dismissing all claims was affirmed in part and reversed in part. The court found that Tennessee Health Care Liability Act requirements did not apply to claims against the massage therapist but did apply to claims against the employer-business, resulting in partial reversal.

Excerpt

This is a sexual assualt/health care liability case wherein a female customer alleges she was assaulted while receiving a massage at a day spa. The customer sued both the massage therapist as well as the employer-business, bringing intentional tort, negligence, and vicarious liability claims. The customer complied with the pre-suit notice requirements as required by the Tennessee Health Care Liability Act however, she failed to file a certificate of good faith with her complaint. The massage therapist and the business both moved for summary judgment and noted such failure, asking the trial court to dismiss the customer's claims with prejudice. The trial court granted both parties' motions for summary judgment, dismissing all of the customer's claims. The customer appealed. Because we find that the requirements of the Tennessee Health Care Liability Act are not applicable to the claims against the massage therapist but are applicable to the claims against the employer, we affirm in part and reverse in part.

What This Ruling Means

**Jackson v. Burrell: Sexual Assault Case at Day Spa** A female customer sued both a massage therapist and the day spa where he worked after alleging she was sexually assaulted during a massage session. She brought claims for sexual assault, intentional harm, negligence, and employer responsibility against both the individual therapist and the business. The lower court initially dismissed all her claims entirely. However, the appeals court partially reversed this decision, creating a mixed outcome. The appeals court ruled that Tennessee's Health Care Liability Act (which has special procedural requirements for medical malpractice cases) applied to claims against the spa business but not to claims against the individual massage therapist. This meant the customer could continue pursuing some claims against the therapist personally, but her claims against the employer faced additional legal hurdles because she hadn't followed certain required procedures when filing against the business. **Why this matters for workers:** This case shows that employees can face personal liability for their misconduct at work, even when their employer might also be responsible. It also demonstrates that the legal process for holding employers accountable can be more complex than suing individual workers, particularly in healthcare-related businesses where special laws may apply.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.