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I am in a health care lawsuit and through discovery I found…

I am in a...

I am in a health care lawsuit and through discovery I found out the defendant's wife owns the property where the rape occurred. she doesn't work there but can I sue her?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Tennessee

Lawyer's Assistant: Has anything been filed or reported?

A lawsuit has been filed and I want to amend the complaint to add the wife because she is co-owner of the building

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are the laws to help me file the amended complaint

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Answered in 16 minutes by:
9/24/2017
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1,986
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you today.

What are you suing the defendant for?

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Customer reply replied 9 months ago
for raping me in the therapy visit and trying to get me to take medicine in the visit.

Got it. I am terribly sorry that this happened to you. The only way you would be able to add the wife to the lawsuit is if somehow she was complicit in the wrongs against you, or she operated the facility in some negligent way that led to these actions.

Simply owning the property though that you would like to recover isn't going to be sufficient to bring her into the lawsuit. However, you are most likely going to be able to try to get the property in any judgment (for the sale to get monetary proceeds) since the co-owners are husband and wife.

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Actually, I see you are from Tennessee, and Tennessee isn't a community property state so you might be limited to only acquiring the value of half of the property.

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However, you would also be able to go after any other assets owned by the defendant as well as bank accounts.

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You can also garnish wages until the defendant completely pays off the judgment.

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Customer reply replied 9 months ago
He has insurance. What’s interesting is in the depositions the dr. said he owns the property but the deed said different. Are you sure negligence or premise liability can’t bring her in

If you have a theory as to why she was negligent, then you could bring her in; I just am not aware of any facts which would show her negligence led to your damages. But you may have more facts which show she was negligent, in which case you could bring her into the lawsuit.

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Customer reply replied 9 months ago
That’s the hard part trying come up with the theory and law. He testified he was the sole proprietor but I haven’t seen the business license only the deed.

Simply her being the owner though is not going to lead to being able to sue her for negligence. She has to be more involved in the actions to bring her into the lawsuit.

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Customer reply replied 9 months ago
Thanks so much.

You are welcome. Please remember to provide a positive rating and good luck!

Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1,986
Experience: Attorney-at-Law
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