Tennessee Supreme Court Rules That Nursing Home Privacy Lawsuit Does Not End When the Resident Dies

The Tennessee Supreme Court issued a unanimous ruling today in a case handled by The Higgins Firm — holding that a nursing home resident’s lawsuit for invasion of privacy does not end simply because the resident has died.

The decision is a significant win for nursing home residents and their families across Tennessee. It establishes that nursing homes cannot escape accountability for violating a resident’s dignity just because the resident — often elderly and seriously ill — passes away before the case concludes.

What Happened to Annie Jones

Annie Jones was an elderly resident of Life Care Center, a nursing home in Tullahoma, Tennessee. She had severe cognitive impairment — dementia that left her unaware of much of what was happening around her.

In 2019, while nursing home employees were assisting Ms. Jones with bathing, one employee took a video call from her boyfriend, who was incarcerated in jail. The employee positioned the phone so that Ms. Jones’s nude body was visible on the call. The jail, which monitors inmate calls, captured the video.

This was a profound violation of Ms. Jones’s dignity and privacy — carried out by someone she and her family trusted to care for her.

The Legal Battle

Ms. Jones’s daughter, Calisa Joyce Sons, filed a lawsuit on behalf of her mother against Life Care Centers of America, the facility’s operator. The lawsuit alleged intrusion upon seclusion — a form of invasion of privacy under Tennessee law.

Life Care moved to have the lawsuit dismissed, arguing that because Ms. Jones had severe dementia and was unaware of what the employee had done, she suffered no injury. The trial court agreed and dismissed the case.

Ms. Sons appealed. While the appeal was pending, Ms. Jones died.

Life Care then argued that the lawsuit itself was extinguished by Ms. Jones’s death — that the case should be dismissed entirely because a privacy claim is the type of lawsuit that ends when the plaintiff dies.

The Court of Appeals reversed the trial court and allowed the lawsuit to proceed. Life Care then asked the Tennessee Supreme Court to take the case.

The Tennessee Supreme Court’s Ruling

The Tennessee Supreme Court ruled unanimously in our client’s favor.

Chief Justice Holly Kirby, writing for the Court, held that even though Ms. Jones was severely cognitively impaired, she nevertheless had the right not to have her nude body involuntarily put on display. The Court found that invasion of privacy — specifically the tort of intrusion upon seclusion — does not involve a plaintiff’s character at all. The lawsuit survived Ms. Jones’s death and may now proceed to resolution.

Why This Decision Matters

This ruling has real consequences for nursing home residents and their families throughout Tennessee.

Nursing homes can no longer use a resident’s death as an escape hatch. Before this decision, a facility might have argued that a lawsuit ended when an elderly plaintiff — already seriously ill — passed away before the case concluded. The Supreme Court has closed that door.

Dementia does not eliminate rights. The facility’s central argument was that because Ms. Jones lacked awareness of the violation, there was no harm. The Court rejected that reasoning directly. Dignity rights belong to every resident, regardless of cognitive capacity.

Facilities are accountable for the conduct of their employees. What happened to Ms. Jones was not an accident or an institutional failure — it was a deliberate act by an employee on the clock. Nursing homes are responsible for what their staff does to residents in their care.

A Note on This Case

The Higgins Firm represented Ms. Sons in pursuing accountability for what happened to her mother. This case went all the way to the Tennessee Supreme Court — and we are proud to have obtained a ruling that will protect nursing home residents and families across the state for years to come.

We handle serious nursing home neglect and abuse cases throughout Tennessee. If your loved one has been harmed — whether through neglect, physical abuse, a dignity violation, or wrongful death — we want to hear from you.

Frequently Asked Questions

Can I still sue a nursing home if my loved one has died?
In most cases, yes. Under Tennessee law, most civil lawsuits — including nursing home neglect and abuse cases — survive the death of the plaintiff. The Tennessee Supreme Court’s ruling in Jones v. Life Care Centers of America reinforces that privacy and dignity claims are no exception.

Does dementia affect whether a nursing home can be held accountable?
No. As the Tennessee Supreme Court made clear in this case, a resident’s cognitive impairment does not eliminate their legal rights. A nursing home’s obligation to protect the dignity and safety of its residents applies regardless of the resident’s mental capacity.

What is intrusion upon seclusion?
Intrusion upon seclusion is a form of invasion of privacy. Under Tennessee law, it occurs when someone intentionally intrudes into a person’s private affairs or seclusion in a way that would be highly offensive to a reasonable person. In this case, the employee’s act of exposing Ms. Jones’s nude body on a video call while she was being bathed was the basis for the claim.

What should I do if I think a nursing home abused or neglected my loved one?
If you believe something went wrong in a nursing home — whether an injury, unexplained decline, dignity violation, or death — speak with a nursing home neglect lawyer in Tennessee as soon as possible. Evidence can be lost, witnesses move on, and legal deadlines apply. Contact us for a free consultation.

The Higgins Firm handles serious nursing home neglect and abuse cases in Tennessee, Kentucky, Illinois, and Georgia. There is no fee unless we recover for you. Call 866-972-0125 or contact us online to speak with a nursing home neglect lawyer.

Read the full Tennessee Supreme Court opinion →