Dangers Of Pro Se Litigation

The Tennessee Court of Appeals affirmed the dismissal of a legal malpractice claim

On October 27, 2014, Elizabeth Cox (“Plaintiff”) was involved in a motor vehicle accident in Washington County, Tennessee with her motor home and another vehicle. Plaintiff took her motor home to Chaparral Buick GMC for repairs (“GMC”). GMC completed the repairs and returned the motor home. Plaintiff discovered several issues with the job completed by GMC. Plaintiff employed attorney Kyle Vaughan (“Defendant”) to represent her in an action she sought to file against Farm Bureau Insurance Company, State Farm Insurance Company, GMC, and the other driver involved in the accident. Plaintiff provided Defendant with a $2,000 retainer and executed a retainer agreement on October 20, 2015. The agreement limited Defendant’s representation to his pursuit of an action against GMC.

Defendant never filed any action on Plaintiff’s behalf and avoided communication with her. Plaintiff filed a complaint with the Tennessee Board of Professional Responsibility in September 2018. The Board complaint was resolved by placing Defendant on diversion, pending his completion of a practice and professional enhancement program. Defendant ultimately returned the $2,000 retainer.

After the defendant sought and was denied summary judgment

Defendant moved for a continuance, citing his unavailability as a result of his incarceration on a one-year sentence, beginning July 21, 2020. The court reset the action for September 14, 2022. Defendant did not appear, and Plaintiff requested a continuance, citing the unavailability of her witnesses. The court reset the action once more for June 5, 2023, cautioning Plaintiff that this continuance would be the last continuance provided. The court advised that the matter would be dismissed with prejudice if Plaintiff was not prepared with witnesses and evidence on that date.

Plaintiff appeared for trial but the matter was dismissed for lack of proof

Plaintiff timely filed this appeal, arguing that she was present on the day of the hearing with the owner of Danny’s Auto Glass and Upholstery, who was prepared to testify concerning the damages to her motor home. She provided that she never spoke of Defendant’s negligence “because that was NOT what this court was scheduled for.” She believed that she merely had to establish her damages because Defendant failed to appear at the prior hearing.

Pro se status did not save the plaintiff

While the damages to her motor home were a relevant issue, Plaintiff did not offer evidence concerning Defendant’s negligence in his representation or whether his negligence was the proximate cause of her damages.

We believe that the aforementioned misunderstanding was due, in part, to Plaintiff’s status as a pro se litigant. This court “must not excuse pro se litigants from complying with the same substantive and procedural rules that represented parties are expected to observe.”

Thus

Plaintiff failed to set forth any evidence concerning Defendant’s negligence. We cannot task the trial court with the responsibility of litigating Plaintiff’s claim on her behalf. With all of the above considerations in mind, we affirm the decision of the trial court.

WFHG FM reported on the lawyer’s incarceration

A Sullivan County, Tennessee lawyer who stole money from his law partners that added up to a six-figure theft has been permanently disbarred by the state Supreme Court.

The ruling comes after Kyle Douglas Vaughan pleaded guilty to and was convicted of one count of theft of property in Washington County.

That order of enforcement also directs Vaughan to pay more than $223,000 in restitution to Kara Page and James Cook II, according to the court documents.

(Mike Frisch)