MEMORIAL RESOLUTION 2006

2006 MEMORIAL RESOLUTIONS

Memorial to

Martin Everett Bean

As prepared by Bill Guest

Martin Everett Bean was born on October 18, 1944, in Chattanooga, Tennessee. He was the third son of Crawford and Eloise Bean. His two (2) older brothers were Crawford, Jr. and Russell. Two (2) years later, his younger brother David was born.

Martin’s father Crawford was a popular trial attorney in Chattanooga. Colorful stories of Crawford and his antics still linger in the halls of the courthouse.

Martin and his brothers were raised on a farm in the Mountain Creek Valley in Chattanooga. There he shared many wonderful times with his brothers and parents. Father, Crawford, worked in the law office and farmed on the weekends. While mother Eloise raised the boys and was a community volunteer. The family attended St. Peters Episcopal Church on Ashland Terrace. Martin’s father, Crawford, and older brother, Crawford, Jr., taught Martin a lot about farming and gardening. Martin continued this hobby throughout his life.

Martin attended the rural Mountain Creek Elementary School and then along with brother, David, went on to the Sewanee Military Academy on Monteagle Mountain. There he excelled as a Battalion Commander leading his Squadron in the Sugar Bowl Parade in New Orleans, Louisiana. Martin’s great personality was developing and his class elected him as the President of his Senior Class.

After graduation Martin attended the University of Chattanooga. There he was a popular member of the Kappa Sig Fraternity. He actually converted an old Milk House on the family farm into a Kappa Sig Weekend Retreat. There are many stories about the Kappa Sig Milk House parties. At UTC Martin established many friendships which he cherished throughout his life.

Martin then attended Athens College in Athens, Alabama and the Sanford Law School in Birmingham, Alabama. His golden personality allowed him to gain many more lasting friendships. Martin and yours truly became best friends which evolved into law partners and a continued friendship throughout our life.

Upon attaining his law license Martin returned to Chattanooga and practiced law with his father, Crawford, and brother, Russell, in the Pioneer Bank Building. Other outstanding lawyers in the firm consisted of Leroy Phillips, Charlie Ragan, Ken Davis and me, Bill Guest. The firm had an outstanding reputation with prior partners being Judge Sam Payne and Judge Doug Meyer.

After the death of their father, Martin and Russell continued to practice law moving their successful law practice to the Title Guaranty Building. There they practiced law together for many years until Russell was appointed City Judge. Martin continued to be a trial lawyer and even increased the success of the law firm. Martin’s clients loved him and considered him their friend as well as their attorney.

Martin was tremendously popular with the court personnel and all those around the courthouse.

The last few years he attended Red Bank Baptist Church and was attending the Men’s Fellowship Class. He had many loving nieces and nephews that he considered as his children that are here today.

Unfortunately, Martin died too young. At the age of 61 he succumbed to a two (2) year battle with cancer. The entire bar was impressed with Martin’s courage throughout his illness. He was continuing to try cases just one (1) week before his death and was concerned with his clients’ welfare until the end.

Martin leaves behind his mother, Eloise, and his brothers, Crawford, Russell, and David, his nieces and nephews, and his many, many friends. Martin excelled as a cook and as a gardener but he excelled more in his friendship to others and the help that he rendered to his many clients and friends. His smile and personality will always be remembered by the Bar Association and his family.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March 2006, that Martin Everett Bean’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

The Honorable Stephen Morris Bevil

As prepared by Jerry Sloan

Stephen Morris Bevil was born in Chattanooga on January 26, 1945. He was the youngest child of Jasper Monroe and Virginia Buchanan Bevil. “Steve,” as we all knew him, had three older brothers, Kenneth, Gene, and Jerry. The family moved several times during Steve’s formative years, and since both parents worked, his grandmother helped raise him, and took a special interest in teaching the “baby” of the family, so by the time Steve started elementary school, he was way ahead of many of his classmates. This “love of learning” instilled in Steve at an early age was to become a life-long trait that would develop into his love for reading and academic success. As a youngster, Steve lived in Brainerd for a short time, and then in Highland Park. He attended Hemlock Elementary, Eastside Junior High and Central High School.

Being the youngest boy in a family of all boys prepared him at an early age to “run with the big dogs.” By that, I mean that Steve learned to be a good ball player by playing with the older boys. This greatly inured to Steve’s benefit later in life when he became a star football player at Central High School. Steve was very proud of the team his senior year since they won the state championship. This was nothing new for Coach E. B. “Red” Etter since he had won several state championships before, but Steve’s ‘63 Purple Pounders was the only Central Team to finish undefeated in post-season play. It was during this time at Central that I first met Steve. Little did I realize at that time that our paths would cross numerous times over the next forty years.

Upon graduation from Central, Steve attended Vanderbilt University on a football scholarship. He was one of the few “scholar-athletes” that I knew in those days. He always made sure he kept his helmet on when he played. Steve graduated from Vanderbilt in 1967 with a bachelor of arts in English. Vandy was suffering through some hard times on the football field during Steve’s tenure there, so on occasion, he would come home on the weekends to rest his bruised body, and it just so happened that during one of his convalescing week-ends in Chattanooga, he met Marjorie Powell and fell in love with her. Steve and Marjorie became inseparable from that time forward. After Steve and Marjorie married, he served as a first lieutenant in the Army, including a year in Vietnam. After his military service Steve enrolled in U.T. Law School where our paths crossed again; he was enrolling after military service and I was graduating, entering military service. After obtaining his law degree from U. T. Steve became an assistant district attorney in Hamilton County for the next 18 years. It was during this time that our paths crossed again for the third time, since I had the pleasure to work with Steve as an assistant D. A. for 14 of those years. Steve was a tough prosecutor, but had a “heart of gold.” The story has been told that in particularly emotional cases Steve might shed a tear in final argument. If it happened, it was sincere, since Steve was incapable of faking anything. During the years Steve prosecuted, he was able to spend quality time with Marjorie and his young children, Derek and Channing. Also, during these years , Steve became very active in First Presbyterian Church where he became a

deacon and taught the Nell Davis Sunday School Class.

After many years prosecuting, Steve decided he wanted to become a judge so in 1990 he ran against a twenty-year incumbent and won. Steve was a “natural” as a judge. He had the most amazing ability to shepherd a jury through a case. Many of the jurors simply could not keep their eyes off of Judge Bevil. I’ll never forget the story he told of one of his first jury trials as a Judge. He went home and told Marjorie that the defendant was acquitted, and Marjorie being so accustomed to him prosecuting said “I’m sorry.” Steve laughed and said, “that’s okay, I’m the Judge, it doesn’t matter if the defendant is acquitted.” Although everyone called him Judge Bevil, Steve viewed his most important role as husband, father, and grandfather to his precious Alex and Eli.

Steve was active in many organizations over the years. He was an adjunct professor at U.T.C. where he taught criminal justice; a member of Gideons International, the North River Rotary Club, Chattanooga and Tennessee Bar Associations, INNS of Court, Chattanooga Bar Foundation Fellow, executive committee member of Tennessee Judiciary Conference, and a member of the American Judges Association.

Steve also had varied personal interests over the years – avid reader, movie buff, golfer, runner, and on rare occasions, only in the presence of friends, he could do an excellent “Elvis impersonation.” Steve’s sense of humor was surpassed only by his kindness and gentleness of spirit. Although Steve succumbed to lung cancer after a valiant 15-month fight, Steve never smoked a day in his life.

It is easy to write a memorial for somebody that everybody liked. Steve was one of those rare people who would fit in anywhere in the world that God chose to place him. Fortunately for all of us, God chose to place him in Chattanooga. It has been my great privilege, and I dare say, the privilege of everyone here today, to know Steve and to call him their friend.

In closing, Steve would want me to remind everyone here that he is still with us, in perfect health, in God’s presence, and that all of us have the opportunity to see him, and be with him again if we believe in these simple words:

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March 2006, that Stephen Morris Bevil’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

Mark Biesack

As prepared by Judge Richard Holcomb

Mark Cartwright Biesack passed away on June 14, 2005, shortly before his 70th birthday. He was a friend of mine for more than 50 years.

A more determined man, I have never known. When Mark made up his mind to do something, it got done. In high school, although small in stature, he wanted to achieve in sports and he did – in football, track and boxing at Chattanooga High School. At the University of Chattanooga, from which he graduated in 1957, he was an active member of the Kappa Sigma Fraternity and became a husband to this highs school sweetheart, Virginia Hickey Biesack, and a father.

Mark and Virginia were blessed with four children who survive him: Lezlie Long, Mark Biesack, Jr., Nancy Biesack McCurdy and Jenny Banas; six grandchildren and one great grandchild.

He was the branch manager of a finance company for 14 years before his determination culminated in Mark owning and operating his own finance company. At the age of 47, when many start planning for retirement, Mark decided he wanted to study law, and that Biesack determination rose to the occasion. For four years, he drove to Nashville three to four nights a week and graduated from the Nashville School of Law in 1986. From that time until his death, Mark practiced law, serving as a special Sessions Court Judge on many occasions. Mark was selected by the Hamilton County Commission as one of the original magistrates when that position was created.

Most did not know Mark had a beautiful singing voice, and he was soloist at numerous church and patriotic services.

As an attorney, Mark conscientiously protected the rights of his criminal defendants and vigorously pursued the interests of his civil clients. The General Sessions Judges of Hamilton County appointed Mark Biesack to serve as attorney for hundreds of people who were admitted to mental health facilities as emergency cases. Mark took particular care in making sure that the rights were protected for those who were least able to take care of themselves. And, for this service, the General Sessions Judges are especially grateful.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March 2006, that Mark Biesack’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

Francis I’on Breazeale

As prepared by Blake Moore

We gather once again for this annual ritual - not just to bury our dead, but to honor the part each contributed to the sum - the whole of what we are.

In this quiet, solemn time we can and do reflect and reaffirm our “calling” to the legal profession. Here, looking back upon the lives of lawyers, who were faithful to that “calling,” we can pull away from the public’s frequent misunderstanding of who we are and what we do and their apparent obsessiveness with “lawyer bashing.”

Here we will and do honor the lives of lawyers, confident in their roles in a society that would respect the rule of law, do justice and seek mercy.

And so, we come to this reverent moment with the memories of many superb lawyers - and I come with the memory of my good friend, Francis I’on Breazeale.

Southern born on March 4, 1940, with the proverbial “steel-trap” mind and reared within the rigors of perfectionist parents and the formality of preparatory school where a coat and tie were always worn, Francis emerged as an erudite young man deeply immersed in old-south graciousness, a religious devotion to the “Queen’s English” and passions that would not always be contained.

Need I even say that Francis’ college of choice was the University of Virginia? He graduated in 1961. He was proud of that university and the university has every reason to be proud of him.

Francis got his law degree at Duke University and began his professional life at Spears, Moore, Rebman & Williams in 1965. Later, during his time in Chattanooga, Francis practiced with Stuart Duncan and Maurice Bowen. Following that association, Francis had a solo practice before moving to Nashville.

During the nearly quarter century that Francis practiced in the Chattanooga area, he was licensed in both Tennessee and Georgia. His interest and specialty came to be what we, somewhat strangely, call “medical malpractice.” One can safely say of Francis that no one had a greater combined knowledge of law and medicine. It is one thing to be knowledgeable - quite another to apply it to the pragmatism of the court room. Francis reveled in advocacy and was truly one of the masters of that art. His incredible knowledge combined with his awesome memory and verbal skills, painted precise pictures on direct and on cross eviscerated many a medical expert who dared assume he could match wits with Francis.

Those of us who have fought many a court room battle know that the few great advocates are those who can cross examine. I believe we can stipulate that Francis qualified for membership in that very elite group.

After Chattanooga, Francis took his encyclopedic knowledge and great talent to Nashville where he spent the rest of his life with two insurance companies, The Virginia Insurance Reciprocal and Hospital Corporation of American, respectively. As the worlds’ most overqualified claims attorney, he supervised malpractice defense attorneys from numerous states. To considerable acclaim, Francis regularly lectured on myriad subjects of law and medicine, averaging ten major presentations per year for many years.

I wish you could read the material he prepared for a seminar of defense attorneys and claims professions in 1988 on the subject of AIDS, including the intricacies of its medical/molecular aspects as well as its evolving impact on the law. It is a masterpiece!

Francis’ “Area of Expertise” has been summarized to include medical terminology, etiologies of diseases, hospital policy and procedure, protocol, chart entries, anatomy, standard of care, cause and effect issues, techniques of patient care, chain-of-command issues, legally imposed standards (A.DA., COBRA, living wills, durable powers of attorney, informed consent, right to die, etc.), all areas of law applicable to the above.

Francis died on my birthday, March 31, 2005, before he reached those retirement years for which he yearned. (His annual call.)

So what do we say of this man of so many skills and talents:

This man of insatiable inquisitiveness;

This man who was a golfer, or tennis player - a boxer;

This man who made furniture;

This man who sang “The Shadow of Your Smile” in the Tivoli Theater;

This man who loved the language and revered his calling as a lawyer;

This man who always rose in the presence of a lady;

What head note, if you will, is appropriate for Francis’ headstone?

It should be short and simple to honor Francis’ admiration of the astuteness that permits brevity. One friend who spoke at Francis’ funeral called him a modern “renaissance man.”

Another good friend and attorney/colleague said at the same service, “Francis truly was a gentleman and a scholar.” That seems to fit. But can we pay our last respects with an expression whose overuse has made it trite?

Yes, I think we can. Because by affixing that expression to the life of Francis Breazeale we give it new meaning - and the triteness is forever purged.

So, we remember this wonderful lawyer with the words - “Gentleman and Scholar” and I remember him as my “old friend.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March, 2006, that the superb professional life of Francis I’on Breazeale be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association; and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

Phillip A. Fleissner

As prepared by H. Richard Marcus

Phillip Fleissner was born in Chattanooga on September 19, 1945. He attended and graduated from Baylor School. After graduation he attended and graduated from Yale University with a Bachelor of Arts in 1967. He attended and graduated from the University of Tennessee Law School in 1971.

While in law school he was a member of Order of Coif and the Tennessee Law Review. He authored “Excess Liability of Insurers in Tennessee,” 38 Tennessee Law Review 81, 1970; “Uninsured Motorist Coverage in Tennessee,” 38 Tennessee Law Review 391, 1971; and “Tortious Invasion of Privacy in Tennessee,” 38 Tennessee Law Review 206, 1971.

After graduating from law school he returned to Chattanooga and began his private practice of law with the Chambliss Firm where he became a partner. Though he left the Chambliss Firm to start his own firm, he is forever remembered fondly by the senior partners of that firm for his honesty, integrity and his many contributions.

He established his own firm with Ray Ledford as Fleissner and Ledford. Phil was later joined in practice by Gary A. Cooper and a year later by H. Richard Marcus. Phil practiced with Gary and Rick until 1998 when he established The Fleissner Firm, where he continued his practice until he passed away in January of 2006.

During his career as an attorney, he was honored with membership in the Federation of Defense and Corporate Counsel; International Association of Defense Counsel; American Board of Trial Advocates; International Association of Insurance Law and the Tennessee Bar Foundation.

He was also a member of the Chattanooga, Tennessee and American Bar Associations and the Tennessee Defense Lawyers Association.

He co-authored with Paul Campbell III, “Tennessee Automobile Liability Insurance” which was recognized as one of the foremost publications on automobile insurance in Tennessee.

He honorably served in the United States Marine Corps from 1968 to 1974 where he attained the rank of Captain.

Phil was a husband to Cathy, a father to Lisa, Jason, Matt and Travis and a grandfather to seven. His ten years with Cathy were the happiest of his 60 short years of life. He realized how blessed he was to have a companion who loved and supported him and who listened to his many stories, poems and yarns.

Phil had a sense of humor many may not have had the pleasure to observe or hear. For those of us who were exposed to his penchant for mirth, we were delighted. For example, Phil would write poetry to his lawyer friends when they lost a case and, with tongue and cheek, maintain that he would have won it. He would write new lyrics to old tunes to memorialize an event. He would purchase silly items to give to friends, that only he would purchase.

I learned to appreciate Phil Fleissner as the person he truly was. A tireless working lawyer full of life whose ethics, honest, and professionalism was of the highest order.

Never at a loss for words, he had a superlative vocabulary and command of the English language and was an articulate and often eloquent speaker.

An advocate for his client, he could take the deposition of a litigant for hours and never ask the same question.

An intellectual, he could remember the citation to cases years after he read them.

A friend who would stop anything he was doing, no matter how important, if you called him for help.

I will remember him fondly with a smile, with laughter and with tears of sadness. The Chattanooga Bar Association has lost an outstanding lawyer and I have lost a wonderful friend.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March, 2006, that Phillip A. Fleissner’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

Charles W. (Jack) Lusk

As prepared by George Lane Foster

Jack Lusk was a skilled trial attorney. He had a natural proclivity for determining what the important points were in any given case. He proceeded with skill and determination to prove those points. He won lawsuits that theoretically were non-winnable. His sense of that which was important was finely honed. Today’s emphasis on mediation and discovery would have left Jack somewhat cold, but he would have mastered those techniques with unparallel intelligence just as he did everything else connected with the practice of law.

Jack was born January 30, 1914, In Chattanooga, Tennessee. His father was a prominent Chattanooga Circuit Court Judge. He attended Chattanooga High School and graduated for the University of Virginia Law School in June, 1938. In that year, he went to work for Whitaker, Hall, Haynes and Allison, which later became Hall, Haynes, Lusk and Foster.

He married Mildred Alice Alexander on June 26, 1940, and they had one child, Thomas C. Lusk. Jack entered the military service in March, 1942, and served through May, 1946, as a Captain in the Judge Advocate Generals Corp. He continued to be active in the Reserves and became a Lieutenant Colonel prior to his retirement from the Reserves.

Following the war, he returned to Whitaker, Hall, Haynes and Allison. He was an Assistant D.A. under attorney Corey Smith. He was President of the Chattanooga Bar Association in 1952. He taught at Chattanooga’s McKenzie College of Law as a part-time faculty member for a number of years.

Jack served on the Hamilton County School Board for a number of years in the early 60's. He retired from the practice of law in January, 1979, and following his retirement, he and Mildred spent a number of pleasant years traveling in the United States and abroad.

Jack enjoyed wood-working as a hobby and made extremely beautiful furniture. He was a member of the Elks Club.

Jack had many fine clients. His two favorite clients were the City of East Ridge and St. Paul’s Episcopal Church. Every morning between 9:00 and 10:00 o’clock, the Mayor of East Ridge would call Jack for advice (and perhaps just for friendly conversation) and John Bohner (the Rector of St. Paul’s) would also call for daily instructions. Jack was a devout Christian and he held many offices in the church, serving on the Vestry, many committees and teaching Sunday School.

Jack also served as head of the committee for the Diocese in this area to ascertain whether or not people, who were divorced, could or could not remarry within the church. As you are probably aware, within the Episcopal church, one must be a party without fault to be able to remarry within the church. Jack was of the staunch belief that what was worth wile in life came with obligations. I on the other hand believe that without respect to how horrible a person one might be, one should still be entitled to access to the church. He and I had years of arguments over the foregoing philosophic differences.

As my law partner for over thirty years, he and I never differed on anything the other desired to do within the firm.

Jack Lusk was in all things a fine lawyer and devout Christian.

Jack Lusk was a man of absolute integrity, blessed with a delightful sense of humor, keen and native intelligence. He is sorely missed.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March 2006, that Charles W. (Jack) Lusk’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial for

Jeffrie M. McClain

As prepared by Janice Pulver

Jeffrie M. McClain at the time of his death was an attorney in the Real Estate Department of the Tennessee Valley Authority (TVA), having moved to Chattanooga in 1989 to begin his TVA career.

Jeff, a lifelong Tennessean, was born and raised in East Memphis. He was born on March 26, 1955, in Memphis, Tennessee. His parents were Cecil N. McClain and Eileen Short McClain. Jeff was raised by his maternal grandmother, Mrs. Veda M. Short, whom he cared for in much of her later years.

Jeff had a typical youth - scouting, football, mowing yards, a paper route, and lots of school and church activities. He built his own car and won the soap box derby in Memphis as a youth.

Jeff graduated from Overton High School in Memphis in 1973. He attended the University of Tennessee at Knoxville and graduated cum laude in 1977 from Memphis State University in Memphis with a Bachelor of Business Administration Degree, Accounting Major. In 1981 Jeff graduated from the Cecil C. Humphreys School of Law, Memphis State University, and was admitted to practice law in the state of Tennessee.

From 1983 to 1989 Jeff was in private practice with the Memphis law firm of Griffin, Clift, and Burns. His practice included abstracting titles and rendering title opinions; preparing commercial and residential real estate legal documents; negotiating and closing purchases, sales, and refinancing of commercial and residential real estate transactions; and representing title insurance companies and lenders. Jeff was also a member of the Junior Chamber of Commerce in Memphis-Shelby County.

His prior real estate experience proved invaluable when Jeff came to TVA in March 1989. Jeff quickly became a key player in the acquisition by TVA of numerous transmission line projects and fee acquisitions for TVA substations and for special projects. Jeff was knowledgeable of the law governing real estate transactions in the seven valley states which TVA serves: Tennessee, Alabama, Mississippi, Georgia, Kentucky, North Carolina, and Virginia. Jeff rendered title opinions; prepared real estate legal documents; and negotiated and closed TVA real estate transactions. Because of his technical expertise, Jeff was chosen to be the first attorney to help devise and implement a computerized approach to TVA’s acquisition process. Jeff also was one of TVA’s principal negotiators with numerous railroad companies in the acquisition of transmission line projects.

Jeff was a congenial and likable person, who worked well with his fellow co-workers and the TVA customers whom he served.

Jeff loved flowers, gardening, and landscaping. He kept a beautiful yard and loved yard work so much that he was a volunteer lawnmower for two of his elderly neighbors at the time of his death. As a part of his love of landscaping, he was learning to build stacked stone walls. He was also a vegetable gardener.

Jeff also loved to take his boat out and was always looking for someone to go boating with him.

Jeff was an animal lover, and was owned by his chocolate Labrador, Coco, who he "tried" (unsuccessfully) to obedience train, and by his black cat, Snowball.

Jeff attended the Episcopal Church.

Jeff McClain died on July 6, 2003. He was 48 years old.

Jeff is survived by his brother, Jim McClain of Memphis, Tennessee, his sister, Nancy M. Gallimore of Martin, Tennessee, his nephew, Whit Gallimore of Nashville, and his niece, Katharine Gallimore, also of Nashville. Jeff was a positive influence on his niece in her decision to attend Law School.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March, 2006, that Jeffrie M. McClain’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

Glenn T. McColpin

As prepared by Michele L. Coffman

It is with a heavy heart and great honor that I write this memorial to my father and my partner, Glenn T. McColpin. He was a great lawyer, mentor, friend, businessman, entrepreneur and father. He could have walked away many years ago after a distinguished and successful career, but chose to practice law until the very end at the age of 78. “Mac” as he was known to those close to him, woke up every morning with the thought, “Who can I help today?”

He was born on November 15, 1927 in Menomonie, WI. Growing up on a dairy farm meant milking cows and working the farm from pre-dawn until after dusk that instilled a work ethic that would stay with him until his final days. Because of his obligation to the family farm, Glenn never completed his formal secondary education. While serving in the United States Army he received his G.E.D. and spent the majority of his service time in Germany. His return to Wisconsin after his time in the service was short as he then moved to Tennessee to attend Southern Missionary College. He graduated from Southern Missionary College with a degree in accounting and spent a year as a schoolteacher at Lakeview middle school before deciding to enter law school at The University of Tennessee. He was admitted to the Tennessee Bar in 1962. He loved to say “I use to not be able to spell attorney, and now I are one.”

Early in Glenn’s career he served as an Assistant District Attorney here in Chattanooga before embarking on a lifelong path of private practice which included numerous partners, associates and young lawyers that just needed a place to hang their hat. Five years ago one of those young lawyers was me and we started our father and daughter practice of McColpin & Coffman. If I heard the words “They use to work with me” once, I heard it a hundred times. One of his great pleasures in life was helping others get their start. Glenn was also an astute businessman operating several different types of businesses throughout his life. He started Associates Title in the 1970’s which eventually became Chattanooga Title and is still in operation today as a true family business. The love of his life, Karen along with his two sons, Scott and Todd continue to run Chattanooga Title.

For all of his accomplishments as a successful trial lawyer for over 40 years, including his instrumental role in the incorporation of the local cities of Lakesite, Soddy Daisy, and Collegedale, and his numerous successes in business, he would have preferred to be remembered for the way he lived life to the fullest. He was a very spiritual man and devoted to the Seventh Day Adventist Church which brought him to Tennessee to begin with. He was an avid Atlanta Braves and UT fan. If he wasn’t pulling for the Braves or the Vols, he pulled for the underdog. We spent many afternoons on the golf course discussing our cases and life. He loved to read and was amazingly knowledgeable when it came to current events and world history. He was extremely intellectual and in constant pursuit of knowledge, no matter what the topic. I will always treasure our talks and his stories.

Family was the most important thing for Glenn. He had a very close relationship with his children, son-in-law and grandson. He loved to joke and give people a hard time including his son-in-law, Steven Coffman, and his sister, Delma Pollock. He had a bond like no other with Karen, his loving wife. Not too long ago as he was leaving church, he turned to a friend at his side as he watched her from across the room and said “God smiled on me when he brought me Karen”.

Glenn always told me I was a blessed child and he was right, I was blessed to have him as a father and partner. We will miss him dearly.

THEREFORE BE IT RESOLVED in a special memorial session on this 6th day of March 2006, that Glenn T. McColpin’s good deeds and kindness be memorialized through this resolution and be adopted by this resolution as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

James N. Pate

As prepared by Wayne Owens

James N. Pate retired from the Tennessee Valley Authority (TVA) in October 1995. At the time of his retirement, Jim was the Chief Title Attorney in the Real Estate Branch of TVA. As the Chief Title Attorney, Jim oversaw TVA’s legal staff in the acquisition and disposal of TVA’s land and landrights.

Jim was born and raised in Norton, Virginia. He was born on May 13, 1940, to George and Etta Pate. Jim graduated from J I Burton High School in Norton in 1958. He was voted quietest and most studious in his senior class. He attended the University of Virginia and graduated from East Tennessee State University with a Bachelor of Science Degree in Accounting.

He taught high school Algebra before volunteering for the U. S. Army in 1963, where he was stationed in Miami during the Cuban missile crisis.

In 1968 Jim graduated from the College of Law at the University of Tennessee in Knoxville. He was licensed to practice law in Virginia in 1968 and was admitted to the Virginia State Bar Association, remaining an active member until his death.

Upon graduation from UT Law School Jim was employed by TVA and remained with TVA until his retirement in October 1995. Jim’s TVA career was primarily focused on the acquisition of transmission line and substation projects and mineral properties. In 1981 he was appointed Manager of TVA’s Casper Uranium Operations, in Casper, Wyoming, and oversaw TVA’s acquisition of uranium reserves. In 1983 he returned to Chattanooga as Supervisor of the Land Branch Chattanooga Unit responsible for all land acquisitions in the area assigned to that unit. He was appointed Chief Title Attorney in 1985.

His 27-year experience at TVA also included some special assignments, such as assisting TVA’s Human Resources as an EEO counselor and serving as Management Key Person in the United Fund Campaign.

Jim Gigax, an attorney in Denver, Colorado, wrote the following to his family: “Having had the good fortune of having Jim be my first full-time boss, and otherwise getting to know him well (starting in Casper, Wyoming, in 1981) I was moved to hear of his very early passing. The supervisors I would have over the next ten years would never measure up to Jim’s gentle authority and good humor. Jim also struck me as an ideal father, bringing the same set of skills into his family, leavened with much patience and affection. I will always feel enriched by my association with him. He was very comfortable with who he was and where he came from. Other people who worked with us shared this high opinion. One attorney who worked for TVA in Casper called Jim a “true Virginia gentleman”. I’d say he was in a category of his own.”

Jim loved his church and faithfully served Signal Mountain Baptist Church as deacon, Sunday School teacher, and on several committees.

After retirement, Jim enjoyed golf and on occasion (birthday parties, holidays, etc.) he would write a poem for the occasion. He could fill a legal pad in about ten minutes. Most were filled with much humor, and all his friends loved to receive a poem on their special day. Following is an excerpt from a poem Jim wrote for his grandson Cooper’s first Thanksgiving:

Thanksgiving 2002

Let us reflect and give thanks for the blessings and events of the past year

God’s love, grace, and mercy deserve more than a mere nod and shed tear

As we assembled and fellowshipped a year ago on this date

We only had visions and unannounced expectations of a little baby Pate . . .

Last Thanksgiving was great but this Thanksgiving is super

Thanks, God, for all your blessings and especially little Cooper.

Jim is survived by his wife Pat and two sons, Steve and Scott, two grandchildren, Cooper and Campbell Pate, two sisters, Patsy and Clarine, and one brother, Edward.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March 2006, that James N. Pate’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

Jerry Dale Turner

As Prepared by Alvin Y. Bell

Jerry Dale Turner was born in Richwood, West Virginia, on June 20, 1951, one of four children of Ray and Betty Turner. The family later moved to Greensboro, North Carolina, where Jerry graduated from high school in 1969. He continued his education at Lee College in Cleveland, Tennessee, and later graduated from the University of North Carolina at Greensboro with a BS degree in Business Administration in 1973. Jerry worked for the U. S. Postal Service in Greensboro, and later in Memphis, from 1973 to 1976, where he graduated from Cecil C. Humphries School of Law, Memphis State University, receiving a Doctor of Jurisprudence degree in 1980. While at the law school, Jerry was a finalist in the moot court competition; he was a member of Delta Theta Phi Fraternity, and he served as a bar association governor and as Vice-President of the Student Government Association.

Following graduation from law school, Jerry passed the Tennessee bar examination and received his law license in February, 1981. From 1981 to 1989, he was staff attorney for Dalton Roberts, Hamilton County Executive. In 1989, Jerry decided to go into the private practice of law, and Deaderick Moon, Dee Hobbs and I were fortunate to have him join our firm as a partner. His background and experience in government law and politics equipped him well for serving his clients in the courts and in the legislative halls of Nashville and Washington. While practicing with our firm, he continued his work as Special Counsel to Hamilton County. He also gained invaluable experience in representing the interests of utility districts, and in 2000 he put those skills to work in beginning a new career as general manager of the Hixson Utility District, where he remained until his death. Typical of his approach to his job at Hixson Utility were his comments when the district was awarded its second consecutive sanitary survey score of 100 out of a possible 100 by the Tennessee Department of Environmental Conservation. Jerry remarked that “this score was earned by a staff that I am privileged to work with. They care deeply about our water quality and customer service. I am very proud of them. Five of our twenty-four employees have over thirty years experience and our new employees are making great contributions to the company.”

This generous and optimistic approach served Jerry well in his many other endeavors. He was an active member of the Hamilton County Republican Party and participated in campaigns for Bill Bennett, Claude Ramsey, Bobby Wood, Lamar Alexander and Ronald Reagan. He was named Outstanding Young Man of the Year by the Hamilton County Jaycees in 1981. He was a member and past president of the Highway 58 Kiwanis Club, as well as a member of the Highway 58 Council of the Chattanooga Area Chamber of Commerce. He also served on the Blood Assurance Board of Directors. Jerry was a member of the Bayside Baptist Church from 1986 to 1996, where he served as Chairman of the Personnel Committee, and he took a mission trip to Venezuela with other church members. At the time of his death, he was a member of Christ United Methodist Church.

Jerry Dale Turner departed this life on March 18, 2005, at the age of 53. He is survived by wife, Cathy Robbs Turner of Chattanooga; two daughters, Cindy Turner and Christa Turner; step-sons, Josh Robbs and Jordan Robbs; parents, Mr. and Mrs. Ray (Betty) Turner of Greensboro; brother, Steven Turner of High Point, NC; two sisters, Jeanne (Bobby) Spillers of Jamestown, NC, and Lori Turner of Charlotte, NC; as well as several nieces and nephews. His untimely death has greatly saddened his family and many friends, but as his long-time friend, Dalton Roberts, remarked at Jerry’s passing, “No man could live a better life than Jerry. No man could watch his life cut short with more calm and courage. No one could savor his last days more completely.” Many of Jerry’s other friends and colleagues have echoed these sentiments, recognizing his abundant gifts of integrity, courage, loyalty, and generous spirit, as well as his indomitable optimism and sense of humor.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March, 2006, that Jerry Dale Turner’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

Harry Weill

As prepared by Flossie Weill

Harry Weill was born on September 12, 1916, in the family home on McCallie Avenue and for nearly nine decades he lived life to the hilt. One of his friends summarized his life this way: “Harry lived the life we all long for. He worked at a profession he loved for 60 years, was married to the same woman for more than 57 years, and skied until he was 88. He was an inspiration to us all.”

Perhaps it was the challenges in life that fueled his energy and mischievous nature, or it could be said that his stubborn optimism and southern charm were explanations for how he met challenges in life.

Before becoming a litigator, he had thrived over the years on various challenges. He was so small when he entered McCallie School at the age of 9, he could not carry the standard rifle issued by the military school. His mother bought him a toy wooden rifle to use instead. Then, when he entered the University of Virginia at age 15, he survived a series of daredevil adventures on his Harley Davidson motorcycle that gave him material for life-long stories.

In 1940 he graduated from Harvard Law School only to be challenged even more a few months later when World War II interrupted the start of his law practice. During the War, he received flight training and was transformed into an Army Air Corps B29 pilot, flying bombing missions from Northwest Field in Guam. After the war, he returned permanently to his hometown and the law firm of Frazier, Roberts & Weill on the 11th floor of the Volunteer Building. There in the Volunteer Building, over the next 60 years, most days began in the stairway as he ascended the steps to the 11th floor office in order to get ready for his other passion- the next ski trip.

With the exception of time spent in military service, Harry Weill never left or retired from the profession he loved. The largest settlement of his career was reached when he was 85 years old.

He squeezed the most out of every day. Even when he was skiing on another continent, he had a designated time for the office to telephone him so that he could take care of business. This always included conference call connections so that he could personally return his daily calls from lawyers and clients. Of course, he wouldn’t let us tell anybody he was out of town.

One of the most characteristic stories about his attitude toward the practice of law arose from about 20 years ago from an annual performance review of his secretary Wendy Tipton. By then he had passed the traditional retirement age. He had finished giving his comments to Wendy, then in her 20’s. He then gave her a chance to ask him any question on her mind. Wendy hesitated and then inquired sheepishly of him, “Mr. Weill, I’m just wondering, what do you think about retirement?” Without a pause, he replied with glee, “Why, Wendy, you are much too young to retire! Don’t even think about it.” And sure enough, neither of them ever did. Over the years at the end of every single day (and of course that includes Saturdays) right until before he died, he would remind Wendy “See ya tomorrow.” And then with great emphasis, he would add: “Bright and early!”

Now, of course, there were few weekdays that ended before 7:00 p.m., the last chance to catch the mailman who picked up the mail next to the Volunteer Building. In fact, the mailman learned over the years to look up to see if someone was waving from the window of the 11th floor of the Volunteer Building. That would be Harry Weill on nights when he had just sent Wendy running to catch the mailman. One time, my dad was up there on the 11th floor putting postage on the last envelope and sealing it up. With Wendy on the street level, he opened the 11th floor window and dropped those last pieces of mail out the window. You could just see those number 10 envelopes floating down like little airplanes just in time to get to the mailman.

As much as his emphasis was on hard work, Harry Weill had a mischievous streak his whole life. He half-heartedly tried to avoid passing this quality on to his grandsons, who might still remember from many years ago dropping water balloons out of the same 11th floor window with him. More recently, a friend wrote, “Harry Weill still had that mischievous twinkle in his eye at 88.”

Throughout his long life, he always had a story to tell and an answer for everything. All of the young lawyers who worked as associates in the firm remember that his compulsion to teach law continued long after the end of the course in Contracts that he taught at McKenzie Law School after World War II.

Not usually an easy teacher, he couldn’t resist making suggestions to the many fine attorneys who worked with him as associates over the years. He always started with his version of the Socratic method by asking the young lawyer or other person who had a dilemma of any sort, “Do you want to know how to . . .” or “Would you like me to tell you how to . . .” Upon receiving an affirmative response, he would he then launch with great delight into a complete and perfect answer to whatever the situation was, whether it dealt with developing a compelling legal argument or curing a sinus headache.

His stubborn nature was also a great strength. He was fiercely optimistic his whole life. Practicing law was his opportunity to harness his optimism and determination to make some measurable difference for clients from all walks of life. There is absolutely nothing else he would have rather done. Essential to him was the quality of just trusting that at challenging times everything would work out fine. One of his favorite sayings was “Let the low side drag,” which was plain talk for “Just don’t worry about it.” He always found a way to reassure those around him.

Harry Weill felt so fortunate in life and enjoyed expressing his appreciation to others. The quality other people mention about him most often is that he was a gentleman.

A special member of the defense bar expressed it this way: “Harry Weill was truly a class gentleman. I will miss him and his ability to frustrate me, but also his ability to always make me smile. We have lost a remarkable man.” As another fine lawyer wrote about him, “We all should hope to be so blessed as to live as long and as healthily as he did. His reputation as a gentleman preceded him and now most certainly will succeed him.”

It was Joseph Roberts about whom Harry Weill always spoke with gratitude for having given him the opportunity to practice law. His other law partners over the years included Walter Ellis, Kyle Weems, Glen Copeland, Richard Kennedy, James Dreaden, daughter Flossie Weill, nephew Ira Long, Jr. and Whitney Durand.

Harry Weill is greatly missed by his wife, Marcelle, his children, Lige, Flossie, and Audrey; his son-in-law, David; four grandsons, Johnny and Alex Shoaf, and Philip and Harry Bolson, his brother-in-law and closest friend Dr. Ira Long, and a host of ski buddies and other friends.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March 2006, that Harry Weill’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

Joseph R. White, (signed) President

Memorial to

Richard H. Winningham

As prepared by Steven R. Winningham & E. Lupton Winningham

Richard Hargis Winningham was born in Cookeville, Tennessee, on April 13, 1931. He grew up during the depths of the Great Depression and World War II, both of which had a profound effect on his outlook throughout his life. Though not born in abject poverty, his upbringing was extremely frugal. Aside from his keen intellect and handsome appearance, perhaps the single greatest advantage he had was an uncle who owned a movie theater in Cookeville. Free access to the cinema of the 1930's and 1940's did not merely furnish young Richard with hours of amusement, it opened new worlds for him and did much to form his character. Gene Autry, Captain Marvel, The Lone Ranger, Dick Tracy, these screen heros, and those like Superman and Batman in the comic books that his mother brought to him from the drugstore with the covers ripped off, represented the simple virtues that guided Richard Winningham’s entire life: Justice, Humility, and Compassion for the weak, disadvantaged, and oppressed.

From Cookeville Central High School, Richard Winningham went to Vanderbilt University where he chose his profession upon entering the Law School, and chose his wife, the former Peggy Patten of Chattanooga, who remained by his side for over 50 years. After Richard graduated from Vanderbilt Law School, the young couple came to Chattanooga where after a brief start with a local firm, he worked as an Assistant District Attorney for Hamilton County. While trained as a prosecutor, Richard’s sympathies were always with the underdog: he rooted for the Brooklyn Dodgers, or anyone else who opposed the detested, aristocratic, New York Yankees. His scholarly study, The Dilemma of the Directed Acquittal, 15 Vanderbilt Law Rev. 699 (1962), reflected his concern for the downtrodden in its exploration of “the insidious infringement of state criminal due process resulting from antiquated practices still followed by many American jurisdictions.” He was justifiably proud when his study was quoted authoritatively by the United States Supreme Court in Jackson v. Virginia, 433 U.S. 307, 332 (1979).

Richard Winningham was not one to thrive in law firm practice, but rather like Superman, he preferred his own Fortress of Solitude. That is not to say that he did not have side-kicks, such as the late Colonel William Roper, with whom he shared offices for many years, but in his law practice, he remained pretty much the Lone Ranger, doing it his way for most of his 49 years of practice. Usually gregarious, he spoke his mind and delighted in conversation. He liked hearing gossip as much as the next man, maybe a little more, but there was nothing mean-spirited or malicious in Richard Winningham. People perceived a truly compassionate man under his sometimes gruff exterior.

He chose a solo practice, but Richard Winningham did not stint in his service to the profession and to the Chattanooga Bar Association. He served as a Special Justice of the Tennessee Supreme Court, served on the Tennessee Medical Malpractice Board, and was always willing to devote a considerable portion of his time to dispensing justice from the bench on behalf of local judges as needed. He was proud to have served on the Board of Governors of the Chattanooga Bar Association, and to have helped to establish the Hamilton County Law Library. He also devoted much time to civic and religious organizations, including service on the Board of Trustees of Erlanger Hospital and on the Administrative Board of First-Centenary United Methodist Church.

A voracious reader and a life-long student of history and politics, Richard Winningham held elected office as a Hamilton County Commissioner during the tenure of the late Chester Frost. His political career did not attain the heights it might have, but Richard did his utmost to do his duty as a public servant and burnished rather than disgraced the office he held. A Democrat (with a capital “D”), he remained active in the party throughout his life, but eventually he found the most satisfaction from putting his democratic principles to work through his law practice, proud to be a plaintiff’s attorney. More than one judge has said, “He gave people with no voice access to the courts.”

Quick witted, hard working and scrupulously honest, he served his clients faithfully and with the utmost integrity and ability. His unsparing instinct for thoroughness, fairness and courtesy earned the respect of his colleagues at the Bar. Indeed, we have heard only one criticism of him as an attorney that had any truth to it. An anxious colleague who was importuning another lawyer (who was also Richard’s mutual friend) about representation for an injury supposedly said, “Well, go ahead and hire Richard Winningham if you want a lawyer that still plays with toys!” It is true that he did play with toys almost up until the day he died. Throughout his life he cherished the images and objects that fascinated him as a child and he derived sustenance in “linking,” as he would say, back to the innocence of his childhood. He did not wear religion on his sleeve. Rather, he lived a life that was genuinely moral, good-hearted, generous and humble, hating only injustice and pomposity.

Richard H. Winningham left us on April 2, 2005. He is survived by his wife, Peggy, his daughter, Lynn Longwith, his sons, Steve and Lupton Winningham (who succeed, but cannot replace, their father in the practice of law), and grandchild, Margaret Longwith. He also leaves behind the many attorneys, clients, and other friends whose lives he touched with kindness and boundless humor. There is no more fitting tribute to him than that he received from one such friend a few days before he died:

“Dear Richard,

“I want to tell you how much I care about you. You probably don’t realize this, but I would not have become who I now am, if not for you. When so many people had doubts that I could ever establish myself as a woman plaintiff lawyer in Chattanooga, you always encouraged me and believed in me. You told me that I didn’t need to lean on anyone– that I could handle things just fine on my own– and finally, I came to believe you. You set me on the path of independence and you convinced me that my faith would not be misplaced if I believed in myself.

“I don’t know if I’ve ever helped anyone as a plaintiff lawyer. I try my best and hope for the best. But I do know this, anyone that I might have helped in the past or will help in the future— there will always be a part of you in that effort. Your friendship is one of the richest gifts God ever bestowed on me. Believe me when I say, I will never, ever, forget you. I have never laughed as hard as when I laughed with you.”

To which we can only add, Amen.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March, 2006, that Richard H. Winningham’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held and as an expression of our very deep sympathy in our mutual loss.

Chattanooga Bar Association

(signed) Joseph R. White, President

Memorial to

John Troy Wolfe

As prepared by John Mark Griffin

There are many in our legal community who would have wonderful things to say about Troy. I am blessed to have known him for more than a decade and to have practiced with him for more than nine years. I am honored to have been asked to write a few words about a man I deeply admired and respected. Troy was not only a mentor to me, but a very dear friend. He was always impeccably dressed, always the southern gentleman, always understanding and never condescending. I miss him.

Troy was born on November 21, 1933, in Selmer, Tennessee. His father was a school teacher/principal/coach and his mother a homemaker. When Troy was young, his family moved to Nashville. There he attended elementary school and high school at David Lipscomb where he graduated in 1951. Thereafter, he headed for Knoxville and the University of Tennessee where he graduated magna cum laude in 1955. While at UT, he was member of the Lambda Chi Alpha fraternity, as well as a number of honor societies. After graduating from UT, he returned to Nashville where he entered law school at Vanderbilt University. Upon graduation in 1958, Troy served in United States Air Force where he attained the rank of Captain.

Few people realize that Troy actually once worked for an insurance company. It is one part of his personal history he managed to keep secret. After being honorably discharged from the Air Force, he moved to Chattanooga and worked as an insurance adjuster for less than a year. As he used to say, “That is all the time it took for me to realize I should take off the black hat and put on the white one.” His long and prestigious career as a plaintiff’s attorney began with another prominent and legendary Chattanooga attorney, Keith Harbor. Other prominent attorneys Troy practiced with over the years included John Morgan, Herb Thornbury, and Jessie Farr, to name a few. Troy was a board certified trial specialist and a member of numerous organizations, including the Tennessee Bar Association, the Chattanooga Bar Association, the American Trial Lawyers Association and the Chattanooga Trial Lawyers Association where he served as president in 1994. He contributed much to Tennessee jurisprudence having had numerous reported cases which changed or modified our laws.

Troy had the gift of communication unlike any other. When it came to discussions with doctors, experts, lawyers, judges, or others in his peer group, he could communicate on the most sophisticated of levels. When he spoke with the uneducated, he could simplify the most complex of issues for them to understand. He was a master orator and used this ability to simplify each issue in a case so a jury understood his argument and presentation. One of my favorite “Troy” stories (all of us who knew him have some) demonstrates this very ability. After trying a case for a number of days, Troy was presenting his closing argument. While making the argument, defense counsel began interrupting and expressing how he did not see where Troy was going. The judge allowed Troy to continue and instructed defense counsel to allow Troy to finish. The defense attorney then made his closing argument and the case went to the jury. While the jury was out, opposing counsel again reiterated to Troy that he did not know where he was going with his argument and felt certain a defense verdict was at hand. The jury returned with a significant verdict for the plaintiff. After the jury was dismissed, Troy politely walked over to opposing counsel, shook his hand, congratulated him on his fine work and, in an effort not to embarrass stated, “That is where I was going.”

Troy passed away on Sunday, April 24, 2005. He is survived by his daughters, Lisa W. Tripp, Allison W. Mills and Ashley W. Evans; grandchildren Leah and Tyler Tripp and Caid and Augusta Mills; stepdaughter, Paige Colegrove, and her children Brandon, Lindsey, Brittney and Stefani. He also leaves behind many friends.

THEREFORE, BE IT RESOLVED in a special Memorial Session on this 6th day of March 2006, that John Troy Wolfe’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.

Chattanooga Bar Association

(signed) Joseph R. White, President

Chattanooga Bar Association | The Pioneer Building | Suite 420 | 801 Broad Street | Chattanooga, TN 37402

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