I. PERSONAL DATA:

Date of Birth: April 8, 1953
Place of Birth: Corinth, Mississippi
Married with children

II. EDUCATIONAL BACKGROUND:

College: Memphis State University, B.A., cum laude, 1975

III. PRESENT PRACTICE:

Joe E. Manuel, Attorney-at-Law, with offices located at 147 N. Market St., Suite C, Chattanooga, TN 37405 near Coolidge Park in Chattanoogs'a North Shore area.

Mr. Manuel has a broad trial experience in various State and U.S. District Courts with complex civil litigation. He is a Certified Civil Trial Specialist by the Tennessee Commission on Continuing Legal Education and Specialization. His areas of expertise include employment law, commercial litigation, construction law, product liability, medical malpractice, personal injury, and aviation. He is also called upon frequently to serve as a Mediator or Arbitrator.

The practice is equally divided between representation of commercial entities and individuals. Attorney Manuel's experience in Alternative Dispute Resolution has offered the opportunity to view litigation from all sides including that of mediator or arbitrator. This unique perspective allows Attorney Manuel to represent his clients regardless of the posture of the case.

IV. PROFESSIONAL EXPERIENCE:

• August 1978: Joined the firm of Leitner, Warner, Moffitt, Williams, Dooley, Carpenter & Napolitan, Attorneys-at-Law as Associate.
• October 1978: Admitted to Bar, Tennessee.
• October 1979: Admitted to Bar, Georgia.
• February 1983: Partner at Leitner, Warner, Moffitt, Williams, Dooley, Carpenter & Napolitan.
• October 1993: Opened own practice with continued focus on Civil Litigation in areas of product liability, medical malpractice, personal injury, employment law, and mediation & arbitration.
• October 1993-December 1995: Of Counsel to Nelson, McMahan, Parker & Noblett, An Association of Attorneys.
• October 1993-December 1995: Special Counsel to City of Chattanooga.
• 1995: Certified Civil Trial Specialist by Tennessee Commission on Continuing Legal Education & Specialization.
• January 1996: Formed MANUEL & JAMES, PLLC.
• January 2000: Law Office of Joe E. Manuel.

V. COURTS ADMITTED TO PRACTICE:

• All courts in the State of Tennessee.
• U.S. District Court for the Eastern, Middle and Western Districts of Tennessee.
• All courts in the State of Georgia.
• U.S. District Court for the Northern District of Georgia.
• U.S. Courts of Appeal for the Sixth and Eleventh Circuits.

VI. PROFESSIONAL ORGANIZATIONS:

• Tennessee Bar Association
• Chattanooga Trial Lawyers
• State Bar of Georgia

BAR ACTIVITIES:

• Board of Governors, Chattanooga Bar Association, 1991, 1992.
• Board of Directors, Chattanooga Trial Lawyers, 1996.

VII. SIGNIFICANT CASES:

• 1980: Jones v. Zayre, Inc., 600 S.W.2d 730 (Tenn. App. 1980) Appl Perm App Den. Slip and fall case reaffirming doctrine of constructive notice and widely cited.
• 1980: Long v. State, 607 S.W.2d 482 (Tenn. Ct. App. 1980) Appl Perm App Den. Established precedent in Tennessee regarding admissibility of prior convictions.
• 1981: Morris v. American Home Assurance Company, et al., Chancery Court of Franklin County, Tennessee. Interpretation of accidental death policy under Tennessee law. Judgment for defendant in trial court. Aff'm., Slip Op., Tenn. App., (Oct. 16, 1981).
• 1981: Thomas Jeffrey Layne and wife, Lisa F. Layne vs. The Langston Division of Molins Machine Co., Inc., in the Circuit Court of Hamilton County, Tennessee. Product liability case. The appellate court sustained our Motion for Summary Judgment and dismissed the action based upon Tennessee's product liability "statute of repose". Layne vs. Langston Division of Molins Machine Co., Inc., Tenn. App., E.S., (Dec. 23, 1981).
• 1982: Senters vs. Tull, et al., Circuit Court of Bradley County, Tennessee. Wrongful death action for minor child. Trial court directed verdict at the first trial for defendant. Rev'd, Slip Op. Tenn. App. (June 25, 1982). Upon retrial, jury returned defendant's verdict.
• 1982: Hicks vs. A. O. Smith Harvestore, Inc., U.S. Eastern District of Tennessee at Knoxville. Product liability and fraud action. Three day trial resulting in judgment for defendant.
• 1982: Witt vs. Hanger One, in the U.S. District Court for the Eastern District of Tennessee, Southern Division. Wrongful death involving the transport of patient via "air ambulance."
• 1983: Storms vs. Associated General Agency, et al., in the Circuit Court of Hamilton County, Tennessee. Professional liability suit against agency involving paraplegic. Two week trial resulting in verdict for plaintiff.
• 1983: Theodore Rice, et al. vs. Williams Leasing, Inc., and A. O. Smith Corporation, in the U.S. District Court for the Eastern District of Tennessee at Knoxville, Civil Action No. 3-82-682. Wrongful death and personal injury case. Successfully defended our third-party defendant client.
• 1983: Marsh vs. T.V.A. and Power Equipment Company, et al. Two week trial in the U.S. District Court for the Eastern District at Chattanooga involving paraplegic. Verdict for all defendants. Aff'm., per curiam 765 F.2d 145 (6th Cir. 1985).
• 1984: Wattenbarger vs. A. O. Smith Harvestore Products, Inc., et al. Circuit Court of Monroe County, Tennessee. Product liability and fraud case. One week trial. Directed verdict for our client. Aff'm., Slip Op., Tenn. App., (March 7, 1986).
• 1984: Leath vs. West Valley Water System, Marion Law No. 83-254-II, Slip Op., Tenn.App., M.S., (Feb. 9, 1984). Precedent setting case defining term, "improvement to real property" under Tennessee's four year statute of repose.
• 1985: Jordan vs. A. O. Smith Harvestore Products, Inc., Civil Action No. C82-244R, U.S. District Court for the Northern District of Georgia at Rome. Two week trial involving product liability and fraud allegations. Jury verdict for the defendant. Aff'm., Case No. 86-8293, per curiam, U.S. Court of Appeals, (11th Cir. 1986).
• 1985: Agristor Leasing vs. Saylor, et al., U.S.D.C. for the Eastern District of Tennessee at Winchester. Product liability and fraud. Approximately ten days in trial. Judgment for plaintiff. Rev'd., new trial granted. 803 F2d 1401 (6th Cir. 1986).
• 1985: Hill Brothers vs. A. O. Smith Harvestore Products, Inc., et al., U.S. District Court, Eastern District of Tennessee, Winchester. Product liability and fraud case. The trial court granted summary judgment to our client based upon release. Case was appealed and resulted in opinion interpreting the law of accord and satisfaction in Tennessee. Rev'd,, 801 F2d 217 (6th Cir. 1986).
• 1985: Bowater, et al. vs. Murray Machinery, et al., in the U.S. District Court for Tennessee at Chattanooga. 604 F.Supp. 821 (E.D. Tenn. 1984). Interpretation of an arbitration clause in a settlement agreement. The District Court's action in affirming the arbitration clause was affirmed. 773 F.2d 71 (6th Cir. 1985).
• 1986: Taylor vs. A. O. Smith Harvestore Products, Inc., U.S. District Court, Middle District of Tennessee at Nashville. Product liability and fraud action. Four week jury trial ultimately resulting in judgment for the plaintiff.
• 1987: Wamack vs. Memorial Hospital, Case No. N-34336, Circuit Court of Hamilton County, Tennessee. Medical malpractice case involving wrongful death. Case was settled after one week of trial favorable to our client.
• 1989: Parks Taylor vs. Memorial Hospital, Circuit Court of Hamilton County, Tennessee, at Chattanooga. Medical malpractice action against hospital. Approximate one week trial and judgment for defendant.
• 1989: Green Thumb vs. State of Tennessee, Circuit Court of Hamilton County, Tennessee, at Chattanooga. Represented land owners in condemnation action and obtained favorable verdict.
• 1990: Speed vs. Memorial Hospital, Circuit Court of Hamilton County, Tennessee, at Chattanooga. Medical malpractice action against hospital and physician. Three week trial resulting in verdict for plaintiff against one physician and our hospital client.
• 1990: Assurance Company of America vs. Wayne McDaniel, et al., in the U.S. District Court for the Northern District of Georgia, Rome Division, No. 4:88-CV-73-HLM. Three day trial involving fire loss.
• 1995: Munson v. Ellsworth Aviation, et al., Circuit Court, Hamilton County, Tennessee, No. 94-CV-0122. Successfully defended flight instructor for allegations of professional negligence.
• 1995: Collins, et al. v. Pelham, et al., Circuit Court, Marion County, Tennessee, No. 10633. 42 USC §1983 action for alleged illegal "strip" search of female employees.
• 1996: South Pittsburg Hospital v. Columbia/HCA in the Chancery Court for Sequatchie County, Tennessee. Dispute over attempted purchase of hospital.
• 1997: Represented the Respondent Healthcare Insurer in Arbitration involving commercial dispute between HealthCare insurer and healthcare provider. Three panel arbitration panel. Award favorable to Respondent.
• 1999: Representation of physician before Board of Medical Examiners. Physician prevailed and retained his license to practice medicine.
• 1999: Litigated condemnation cases in Georgia involving right to condemn and measure of damages to owner and operator of fast food restaurant. Cases ultimately settled in favor of property owner in excess of $600,000.00 per case.
• 2000: Staples v. CBL & Associates, Inc., et al, 15 S.W. 3d 83 (Tenn. 2000). Represented shopping mall. Issue was liability of shopping mall for criminal acts of third parties committed on their premises.
• 2000: Served as Arbitrator in ERISA case involving disability plan. Rendered reasoned opinion in favor of employee.

VIII. PUBLICATIONS:

• Manuel, Tennessee Mediation Pocket Guide, published by TENNADR, LLC. © 2000. A handy reference guide containing the key information on mediation in Tennessee. It contains the full text of Tennessee Supreme Court Rule 31, The Parenting Plan and forms for utilizing Alternative Dispute Resolution procedures.
• Tennessee Mediation Ethics. On Line Continuing Legal Education course. Available at www.lawyerslearn.com .
• Lawyers in Mediation Ethics 101 & 102. On Line Continuing Legal Education course. Available at www.lawyerslearn.com.
• Manuel & Vital, Tennessee Alternative Dispute Resolution Handbook, The Harrison Co., 1997. Supplement 1999. A comprehension discussion of Alternative Dispute Resolution focused upon Tennessee. The only book on the subject in Tennessee.
• Tennessee's Theories of Misrepresentation, 22 Mem. St. L. Rev. 633 (1992)
• Economic Loss in Strict Liability--- Beyond the Realm of 402A, 16 Mem. St. L. Rev. 315 (1986).
• Monograph, Death, DNR's and Living Wills, © 1987.

X. LECTURES:

• 1987: Presentation to Chattanooga Area Tennessee Nurses Association.
• 1989: Florence Oliver Anderson Lecture at Southern College of Seventh-day Adventists, School of Nursing.
• 1990: Lecture to Southern College of Seventh-day Adventists, School of Nursing.
• 1990 - 1991: Memorial Hospital, Chattanooga, Tennessee, Guest Lecturer, Critical Care and Specialty Care Courses.
• 1991: Testimony before the Tennessee Board for Licensing Health Care Facilities' Right to Natural Death Task Force regarding the Promulgation of Uniform Guidelines for the Withholding of Resuscitative Measures.
• 1992: Speaker, "Legal Issues" of 42nd Annual Cardiac Symposium for Nurses, Chattanooga, Tennessee.
• 1992: Speaker, "Rights, Risks, Responsibilities" at the 8th Annual Critical Care Potpourri, sponsored by the American Association of Critical Care Nurses, Greater Chattanooga Area Chapter.
• 1994: Speaker, Alternative Dispute Resolution Seminar, Tennessee Bar Association.
• 1995: Speaker, American Institute of Architects, Chattanooga Chapter, regarding Alternative Dispute Resolution for construction disputes.
• 1995: Speaker, Sexual Harassment in the Workplace Seminar, Chattanooga Chamber of Commerce.
• 1997: Speaker, Tennessee Bar Association, ADR Forum.

X. ALTERNATIVE DISPUTE RESOLUTION:

• Served as mediator or arbitrator in cases in areas of employment law; accounting malpractice; ERISA; construction; commercial; and personal injury.
• Certified Mediator on Mediation Panel for the U.S. District Court for Eastern District of Tennessee
• Member of Court Approved Alternative Dispute Resolution Panel of Neutrals, for the U.S. District Court for the Middle District of Tennessee, Alternative Dispute Resolution Program
• Approved Mediator by The Tennessee Commission on Alternative Dispute Resolution to conduct mediations pursuant to Rule 31 of the Supreme Court of Tennessee
• Member of the American Arbitration Association's Employment, Construction and Commercial Mediation Panels
• American Arbitration Association's Tennessee Commercial Advisory Council
• Member of the American Arbitration Association's Employment, Construction and Commercial Arbitration Panels
• NASD Public Arbitrator

ADR TRAINING ACTIVITIES:

• Associate Trainer of Private Dispute Resolution Services, Inc. of Chattanooga, TN.
• Trainer for Advanced Mediation techniques for Administrative Law Judges of the Office of the Secretary of State of Tennessee. November, 2000.
• Trainer for customized Mediation Advocacy presented on site for law firms in Knoxville, TN, November, 2000.

WEB SITES

• www.tennadr.com : The source for current information on Alternative Dispute Resolution in Tennessee. The ADR Update portion includes analysis of recent decisions or events that bear upon ADR in Tennessee. The ADR Update portion is available on a subscription basis.
• www.joemanuel.com : The source for information on practice focus, experience and Alternative Dispute Resolution activities.