Monday, January 12, 2015

Suit Against Former Public Guardian Ends

Ginger Franklin
by Walter F. Roche, Jr.

Shortly after yet another favorable ruling in her long legal battle, Ginger Franklin has voluntarily dismissed her suit against Jeanan Stuart, the former public guardian for Davidson County. In a one-page filing this week, Franklin's attorney, Michael G. Hoskins, gave notice that the suit was being dismissed "with prejudice."

When asked whether there was a settlement in the case, Hoskins replied, "No comment." "This dismissal operates as an adjudication of this lawsuit upon the merits," the filing states.

Franklin did not respond to an email seeking her comment.

The attorney for Metro Nashville, which had also been named as a defendant in the case, said the parties already had agreed to dismiss claims against the government prior to the overall dismissal.

"I do not know whether there was a settlement," Jeff Campbell wrote in an email response to questions.

"I can say that Metro did not settle this case and is not contributing to one."

He did say that lawyers for the other parties, Stuart and Franklin, recently "indicated the suit would be dismissed soon."

"As is their right, they declined to tell me whether there was a settlement or its terms," Campbell concluded.

Jeanan Mills Stuart
Emails to Stuart's lawyer, William B. Hubbard, drew no response.

The dismissal follows closely a ruling favorable to Franklin by Circuit Court Judge Hamilton Gayden, who turned back attempts by Stuart's attorney to have Metro government found liable, since Stuart had been appointed to her post by a vote of Metro Council.

The dismissal ends a legal battle that dates back to 2008 when Franklin was placed in a conservatorship without her knowledge after suffering a serious fall.

She has charged that she lost her home and all her belongings while Stuart had complete legal control of her finances and health care.

In the suit that has now ended, Franklin had charged that Stuart violated her fiduciary duties when, among other things, she allowed Franklin's car to be towed and auctioned off after it was abandoned in a parking garage.

Franklin also filed a separate suit in Sumner County against the group home where Stuart had placed her. That suit ended with a favorable ruling for Franklin.

Stuart stepped down from her post in 2013 on the same day that Probate Judge David "Randy" Kennedy announced he would no longer appoint her to any cases because of questions raised about her billing practices.

Suit Against Former Public Guardian Ends

See Also:
Former Davidson County TN Public Guardian Must Stand Trial


StandUp said...

I hope Ginger got a big settlement. Few wards get anything back.

Anonymous said...

I wish Ginger a happy life from this point on. It does sound like a settlement and that good for Ginger.

Anonymous said...

NOW WE ALL SHOULD FILE THE SAME AND CLOG THE COURTS. All of these F'n guardians are violaing their fudutiary duty...

Wish the FEDS would step in and file charges for money laundering.

Terry said...

Ginger, you went through hell, but you came out of it giving that hell right back to the guardian.

You are a strong person!

honeybear said...

I hope you left Stuart with only a piggy bank of assets, Ginger!

Don Acree said...

I thank Walter Roche for his reporting of this issue.

I read recently that Mr. Roche left his job at The Tennessean, so I don't know where he's working now or how he was able to continue following this story.

It's a loss to Nashvillians that he left the Tennessean, but I'm glad to see him still reporting this.

Carole said...

Jeanan Stuart picked on the wrong person and she got what was coming to her. Her reputation is now well known and she will live with that for the rest of her life. Not only she, but her family will live with the shame.

Sue said...

Ginger was able to force her former conservator Jeanan Mills Stuart to answer to the wrongdoing which is more than most former wards are able to accomplish. Good going Ginger, stand tall you gave other wards a voice by staying strong and standing tall. Thanks to Ginger's lawyer Michael Hoskins for taking this on. With standing ovation to Walter Roche Jr for his dedication to this case.

Angie said...

Jeanan Mills Stuart doesn't look so high and mighty now. Looks like she'll be eating crow pie for a long, long time and I hope that's all she can afford.

Thanks NASGA and good luck Ginger with your life that you've won back.