Jim Horner is a shareholder in Glassman, Wyatt, Tuttle & Cox, P.C. having joined the firm as an Associate in 1993. Jim’s practice areas are diverse and he regularly handles some of the firm’s largest premises liability matters involving sensitive topics including third party murder and sexual assault. Jim also routinely represents his clients a number of other fields including legal malpractice defense of Tennessee licensed attorneys and real estate litigation where he has protected realtors and real estate developers in litigation in multiple states. Some of Jim’s achievements through his career include:
- Glenver Smith v. Stephen L. Hughes, 639 S.W.3d (Tenn. Ct. App. 2021), a matter in which the Tennessee Court of Appeals affirmed the grant of summary judgment to a lawyer acting as a substitute trustee in an action brought against the substitute trustee under a deed of trust seeking to set aside a foreclosure sale based on lack of notice and alleged fraud, misrepresentation and conversion.
- Thurman v. Sellers, 62 S.W.3d 145 (Tenn. Ct. App. 2001), a Tennessee case of first impression allowing recovery of consortium damages by parents in an action for wrongful death of a minor child
- Morris v. Collis Foods, Inc., 2002 Tenn. App. LEXIS 441, a matter in which the Tennessee Court of Appeals affirmed the granting of summary judgment to a defendant employer in a premises liability action finding that the employee’s tortious conduct was outside the scope and course of employment under the Restatement (Second) of Agency section 228 analysis.
- Honeycutt v. Milkes, McCollough & Wagner, 2007 Tenn. App. LEXIS 501, a matter in which the Tennessee Court of Appeals affirmed dismissal of a legal malpractice action on statute of limitations grounds finding that a client could not delay filing a legal malpractice action until an adverse judgment was entered in the underlying case
- Selby v. Ilabaca, 1996 Tenn. App. LEXIS 254, where the Tennessee court of Appeals affirmed the granting of summary judgment to a lawyer in a libel action filed by a plaintiff police officer after the lawyer granted his client’s tale of an officer’s assault to reporters on grounds that actual malice could not be imputed to the lawyer
- Citicorp Mortgage v. Roberts, 1998 Tenn. LEIXS 540, a Tennessee Supreme Court case in which the Court held the statute of limitations in a legal malpractice case began to run as of the date of a closing in a real estate transaction, or at the period of time when the parties suffered a legal injury as a result of the lawyer’s failure to obtain the release of a prior lien
Practice Areas:
- Legal Malpractice Defense
- Insurance Law
- Premises Liability
- Transportation Litigation
- Fair Debt Collection Practices Act
- Construction Litigation
- Real Estate Litigation and Malpractice
- Business Litigation
Education:
- University of Memphis (Business Administration) (1990)
- University of Memphis School of Law (1993)
Court Admissions:
- Tennessee Supreme Court (1993)
- U.S. District Court, W.D. Tennessee (1993)
Memberships/Board Appointments:
- Tennessee Bar Association
Honors and Professional Achievements:
- Best Lawyer’s in America (Insurance Law)
- Former Member, University of Memphis Law Review
Publications
- Federal Preemption of State Common Law Tort Claims Based on Claims of Inadequate Labeling under FIFRA, 22 U. Mem. L. Rev., Spring, 1992, author,
- Constitutional Issues Surrounding the Mass Testing and Segregation of HIV Infected Inmates, 23 U. Memp. L. Rev., Winter, 1993, pg. 369
Personal
Jim is married to Kelly D. Horner and is the proud father of two daughters, Anna Paige Horner and Hadley Shea Horner.