Petition for Writ of Certiorari — Terrell Biggs, Jr., Petitioner v. Liberty Mutual Insurance Company

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§2-5995 ORIGINAL

Supreme^D

U.S.

IN THE

JUM 21 2022

SUPREME COURT OF THE UNITED STATES

OFFICE nF THE CLERK

TERRELL BIGGS, JR.

— PETITIONER

(Your Name)

vs.

LIBERTY MUTUAL INSURANCE COMPANY

— RESPONDENT(S)

ON PETITION FOR A WRIT OF CERTIORARI TO

COURT OF APPEALS OF TENNESSEE

(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE)

PETITION FOR WRIT OF CERTIORARI

TERRELL BIGGS, JR'.

PRO SE

(Your Name)

RECEIVED

220 REESE STREET

(Address)

K>INGSPORT, TN

AUG 2 5 2022

OFFICE OF THE CLERK

SUPREME COURT, U.S.

37660

(City, State, Zip Code)

(423) 383-0959

(Phone Number)

RECEIVED

JUN 2 4 2022

SUPREMtfcourxu!sK

QUESTION(S) PRESENTED

.

WHETHER THE STATE APPELLATE COURTS ARE UNCONSTITUTIONALLY FORCING

THE PLAINTIFF AND SIMILARLY?: SITUATED CITIZENS UNDER THE CONTROL

OF NATIONAL PRIVATE CORPORATION LIBERTY MUTUAL INSURANCE COMPANY

TO BE SUBJECTED TO SYSTEMIC OUTRAGEOUS CONDUCT AND INTENTIONAL

INFLICTION OF EMOTIONAL DISTRESS USED TO EXTORT THEM INTO ACCEPTING

FEDERAL MEDICARE SETASIDE AGREEMENTS IN LIEU OF THEIR PAYMENT

OF FUTURE MEDICALS,THUS ELIMINATING AND STRIKING ANY CAUSE OF ACTION

FOR SUCH BEHAVIOR AND VIOLATING DUE PROCESS,EQUAL PROTECTION,AND

AN OPPORTUNITY TO A JURY,THEREFORE BLOCKING THE CITIZENS ACCESS

TO JUSTICE.

i

LIST OF PARTIES

[x] All parties appear in the caption of the case on the cover page.

[ ] All parties do not appear in the caption of the case on the cover page. A list of

all parties to the proceeding in the court whose judgment is the subject of this

petition is as follows:

RELATED CASES

ii

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£

TABLE OF CONTENTS

OPINIONS BELOW

1

JURISDICTION

2

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

3

4

STATEMENT OF THE CASE

REASONS FOR GRANTING THE WRIT

5

6

CONCLUSION

INDEX TO APPENDICES

APPENDIX A

DDECISION OF COURT OF APPEALS OF TENNESSEE

APPENDIX B

DECISION OF STATE TRIAL COURT OF TENNESSEE

APPENDIX C

DECISION OF SUPREME COURT OF TENNESSEE

APPENDIX D

APPENDIX E

APPENDIX F

ill

[•

TABLE OF AUTHORITIES CITED

CASES

PAGE NUMBER

BREWER V. MONSANTO CORP. 1986, 644 F. Supp. 1267

MEDRANO V. MCDR,INC. 366 F. Supp. 2d 625,631-32 (W.D. Term. 2005)

5

5

5

STATUTES AND RULES

TENNESSEE RULE OF CIVIL PROCEDURE 16

4, 5

TENNESSEE CODE ANNOTSTEDP5.O66B1T0.8

4, 5

i

OTHER

iv

IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.

OPINIONS BELOW

[ ] For cases from federal courts:

The opinion of the United States court of appeals appears at Appendix

the petition and is

to

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the United States district court appears at Appendix

the petition and is

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

[x] For cases from state courts:

The opinion of the highest state court to review the merits appears at

Appendix__ t__to the petition and is

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ^ is unpublished.

The opinion of the _

appears at Appendix

court

to the petition and is

[ ] reported at____

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

1.

to

JURISDICTION

[ ] For cases from federal courts:

The date on which the United States Court of Appeals decided my case

was

[ ] No petition for rehearing was timely filed in my case.

[ ] A timely petition for rehearing was denied by the United States Court of

Appeals on the following date: ____________

, and a copy of the

order denying rehearing appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including______

(date) on

(date)

in Application No.__ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1).

[ xj For cases from state courts:

The date on which the highest state court decided my case was March 23.2022

A copy of that decision appears at Appendix _____

[ ] A timely petition for rehearing was thereafter denied on the following date:

, and a copy of the order denying rehearing

appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including____

(date) on

(date) in

Application No.__ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a).

2

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

TENNESS

TENNESSEE RULE OF CIVIL PROCEDURE 56

4,5

TENNESSEE CODE ANNOTATED 50-6-108

4,5

3

STATEMENT OF THE CASE

The elderly Plaintiff with a 100% permanently disabling spinal cord injury

brought suit against Liberty Mutual Insurance Company,a national private

insurance corporation,on May5,2015,in Sullivan County.Tennessee where Biggs

is a longtime resident.

Plaintiff alleges that Defendant basically extorted him to try to force

him to accept its proposed Medicare SetAside Agreement to buy out his future

medicals that Defendant had been ordered to pay beginning October 14,1992,

by a Washington County.Tennessee trial court.

Liberty Mutual's outrageous conduct and intentional infliction of emotional

distress coincided simultaneously with letters from them trying to get him

to settle while refusing to authorize and pay for his prescription pain

medication,among other tort actions of interference and disruption of his

medical care.

The Sullivan County trial court Judge denied Defendant's Motion to Dismiss

due to the exclusivity exception clause of T.C.A. 50-6-108 when intent to harm

is shown.R

However,some four and a half years later on October 22,2019.Defendant filed

a Tenn.R.Civ.B.56 Summary Judgment Motion,which was granted byrOrder of

March 4,2020,on other grounds.

A Motion to Alter/Amend was filed by Plaintiff,and denied January 6,2021.

The Court of Appeals dismissed the case on yet other grounds,eliminating

the exclusivity exception for intent to harm,or any othernreason.and the state

Supreme Court declined an appeal on March 23,2022.

4

REASONS FOR GRANTING THE PETITION

Instead of reigning in this national private corporation that handles

thousands of federal Medicare SetAside Agreements regarding similarly

situated injured citizens the state appellate court gave full throtle

to Liberty Mutual's despicable acts of outrageous conduct and intentional

infliction of emotional distress purposely directed toward the elderly,

totally dsiabled Plaintiff Terrell Biggs,Jr. to extort him through pain

and by sabotage of his physicians' medical care to accept their proposal,

it is respectfully submitted.

Even the Defendant concedes and does not dispute that the law in effect

allows this tort action due to the exclusivity exception of T.C.A. 50-6-108

for intent to harm,Brewer v. Monsanto Corp. 1986,644 F.Supp.1267,and

Medrano v. MCDR,Inc. 366 F. Supp.2nd 625,631-32 (W.D. Tenn. 2005).

It is noted that the state appellate court did not uphold the

Tenn.R.Civ.P.56 ruling of the lower court but instead found for the Defendant

by eliminating the tort action entirely and applying that retroactively to

the tortious actions of Defendant that began in 2014,leaving Biggslwithcno

recourse to justice and trial by jury.If the state legislature had wanted to

eliminate the exclusivity exceptiop it could certainly have introduced and

passed such legislation.

Defendant Liberty Mutual's pattern and practice of using their tremendous

corporate power to harm injured citizens rather than act in a fiduciary manner

is unconscionable,such as denying access to approved pain prescription

medicine that they were obligated by court order to provide and resulting

in detriment to the elderly,disabled Biggs.

Allowing the state courts to act in this manner goes beyond the

particular facts and parties involved herein,and is an issue of national

importance to the public that effects thousands of other citizens

similarly situated.

5

CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,

PRO SE

TERRELL BIGGS,‘JR."

Date:

June 15 , 2022

6