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Laws-info.com » Cases » Tennessee » Court of Appeals » 2011 » Michelle Brown v. Brookdale Senior Living, Inc., et al.
Michelle Brown v. Brookdale Senior Living, Inc., et al.
State: Tennessee
Court: Court of Appeals
Docket No: M2011-00540-COA-R3-CV
Case Date: 12/28/2011
Plaintiff: Michelle Brown
Defendant: Brookdale Senior Living, Inc., et al.
Preview:IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
September 21, 2011 Session MICHELLE BROWN v. BROOKDALE SENIOR LIVING, INC., ET AL.
Appeal from the Chancery Court for Davidson County No. 091081IV Russell T. Perkins, Chancellor

No. M2011-00540-COA-R3-CV - Filed December 28, 2011

Plaintiff appeals the trial court's grant of summary judgment to defendants on her claims for statutory procurement of breach of contract, common law inducement of breach of contract, and tortious interference with business relationship. Finding that plaintiff failed to establish one or more essential element of each claim, we affirm the trial court's ruling. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed R ICHARD H. D INKINS, J., delivered the opinion of the court, in which P ATRICIA J. C OTTRELL, P. S., M. S., and A NDY D. B ENNETT, J., joined. Lorraine Wade, Nashville, Tennessee, for the Appellant, Michelle Brown. Luther Wright, Jr. and Wendy V. Miller, Nashville, Tennessee, for the Appellee, Brookdale Senior Living, Inc. d/b/a The Cumberland at Green Hills, Katherine Diehl, and Becky Hendricks. OPINION B ACKGROUND The Cumberland at Green Hills ("Cumberland") is an assisted living facility owned and operated by Brookdale Senior Living, Inc. ("Brookdale"). The Cumberland rents apartments to elderly individuals and permits its residents to enter into independent contracts with third parties for their care. On June 2, 2009, Michelle Brown filed a complaint against Brookdale, and the Cumberland's Wellness Director, Katherine Diehl, and Executive Director, Becky Hendricks. Ms. Brown alleged that she had entered into a "caregiver services contract" with Gerald Johnson, a resident of the Cumberland who suffered from Alzheimer's disease, and began

acting as a "sitter" for him sometime in March 2009. The complaint alleged that on or about April 13 Ms. Diehl and Ms. Hendricks told Ms. Brown that she could no longer provide services for Mr. Johnson, forced her out of the building, and sent correspondence to Mr. Johnson's attorney-in-fact that led to termination of the contract between Mr. Johnson and Ms. Brown. The complaint asserted claims for unlawful procurement of breach of contract in violation of Tenn. Code Ann.
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