COURT OF APPEALS OPINIONS

Frankie Pauline Maples vs. Frank Allen Maples
E1999-00550-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

E1999-1529-COA-R3-CV
E1999-1529-COA-R3-CV

Scott Graham Hartman, Kay Hartman, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee and State of Tennessee
M1999-02730-COA -R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Commissioner W. R. Baker

For the second time, the claimants appeal a decision of the Tennessee Claims Commission deny ing them recovery from the University of Tennessee and the State of Tennessee of $1,026,666 in medical expenses allegedly paid by BellSouth Corporation under an ERISA plan with BellSouth alleged to be subrogee of such pay ments.

Ahmad Ben Nama and Kahled Abed v. Aymanayoub, d/b/a Limited Auto Sales - Concurring
M 1999-00171-C O A -R 3-C
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Irvin H. Killcrease, Jr.

This is an appeal from the chancellor’s denial of Defendant’s motion to alter or amend findings of fact. The question to be answered is whether the “newly discovered evidence rule”  would allow the presentation post-trial of evidence which the proponent concedes he could have produced at trial. The defendant contends that evidence which tends to show misrepresentation on the part of a nonmovant should be allowed under a motion pursuant to Tenn. R. Civ. P. 52, 59 and 60 regardless of whether it was discoverable at trial. Under the circumstances of the case at bar, we cannot agree.

David Frounfelker v. Identity Group, Inc.
M2001-02542-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Vernon Neal

E1999-00332-C0A-R3-CV
E1999-00332-C0A-R3-CV

Vera Elizabeth Thomas vs. Kenneth Lamar Thomas
E1999-00563-COA-R3-CV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor W. Frank Brown, III

In this divorce action, the husband appealed from the award of alimony
to the wife.

Vera Elizabeth Thomas vs. Kenneth Lamar Thomas
E1999-00563-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

E1999-00590-COA-RC-CV
E1999-00590-COA-RC-CV

E1999-00686-COA-R7-CV
E1999-00686-COA-R7-CV
Authoring Judge: Judge Charles D. Susano, Jr.

E1999-01346-C0A-R3-CV
E1999-01346-C0A-R3-CV
Trial Court Judge: Jerri S. Bryant

E1999-01782-C0A-R3-CV
E1999-01782-C0A-R3-CV

Francis Ione Lethcoe, et al vs. Ricky Ray Holden, et ux , et al
E1999-02319-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
American Showbar Series, Inc. d/b/a Show Palace, Michael L. Grubb and Linda Strouth vs. Sullvan Co, TN , Robert Walling d/b/a Bottoms up Club, Robert Walling and Linda A. Strouth vs. Sullivan Co., TN and the State of Tn Atty General

Karon Spicer vs. James Spicer
M1999-01285-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Leonard W. Martin
In this divorce case, the husband challenges only the trial court's refusal to award him a portion of the wife's retirement account. Although retirement benefits earned during a marriage are marital property, we find the division of property to be equitable and affirm.

Blackmon vs. TN Bd. of Paroles
M1998-00887-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Pike vs. John Maher Builders, Inc.
M1999-00094-COA-R3-CV
Authoring Judge: Judge David R. Farmer

Mary Ruth Willis vs. University Health System
E2004-00259-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Harold Wimberly
Plaintiff added defendant to suit pursuant to Tenn. R. App. P. Rule 15 after statute of limitations expired. The Trial Court granted defendant summary judgment. On appeal, we affirm.

Revis vs. McClean, et al
M1999-00658-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert E. Burch

Manufacturers Consolidation vs. Rick Rodell et al
W1998-00889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: James F. Russell

Joe Martin vs. State
M1999-01642-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Claimant, an inmate who was housed in a prison operated by a private prison operating company, filed a claim against the State for the loss of his personal property due to acts of employees of the company. The Claims Commission dismissed the claim for lack of jurisdiction because the private prison employees responsible for the loss were not "state employees." We affirm.

Floyd Campbell vs. Corrections Corp. of America
M1999-01082-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jim T. Hamilton
This is an appeal by an inmate in a prison operated by Corrections Corporation of America (CCA). His claim stems from the monetary loss he received as a result, he alleges, of CCA employee(s) adding an unauthorized name and number to Mr. Campbell's call list which resulted in unauthorized charges. The court below dismissed Mr. Campbell's complaint on the grounds that the complaint did not allege a cause of action against CCA. We disagree. Mr. Campbell did sufficiently allege a cause of action against CCA for the negligence of its employee(s) in violating prison policies and adding an eleventh name and number to his call list without his permission or authorization. Further, CCA may be held vicariously liable for the negligent acts of its employees and, therefore, is a proper defendant.

Cynthia Y. Long v. City of Maryville
E1999-00024-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge W. Dale Young

This appeal from the Circuit Court of Blount County concerns liability under the Tennessee Governmental Tort Liability Act, which grants immunity, subject to certain statutory exceptions, to governmental entities pursuant to Tennessee Code Annotated § 29-20-201. Cynthia Y. Long, the Plaintiff/Appellant, appeals the Trial Court’s judgment on directed verdict in favor of the City of Maryville, the Defendant/Appellee.

Cynthia Y. Long v. City of Maryville - Dissenting
E1999-00024-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Dale Young

I dissent because I do not find that the evidence preponderates against the trial court’s judgment dismissing the plaintiff’s complaint. In fact, there is precious little evidence in the record bearing on the culpability of the City of Maryville (“the City”). In my judgment, the proof shows little more than that the plaintiff slipped and fell on icy pavement in a city park at a place near a functioning water fountain on a day when the temperature was at or below freezing. What the evidence does not show is negligence of an employee of the City; notice to the City of a condition of the type described in T.C.A. § 29-20- 203(a); or the necessary causal connection between actionable conduct on the part of the City and the plaintiff’s fall.

Rueben N. Pelot, III, v. Nicholas S. Cakmes
E1999-02550-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Defendant Nicholas S. Cakmes files a petition requesting that instead of adjudging the value of the remaining interest of Plaintiff Reuben N. Pelot, III, in their dentistry partnership, that the case be remanded for the Trial Court to make that determination.

Ray Gabrielle Cox v. Anderson County Highway Dept. and Anderson County, Tennessee - Concurring
E1999-01697-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge James B. Scott, Jr.

In this tort action, the defendants appeal from an award of compensatory damages capped by the trial court at $130,000 pursuant to the Governmental Tort Liability Act (“GTLA”). They also seek to reverse the trial court’s decision to assess them with discretionary costs of $3,440.98. We affirm all of the trial court’s judgment except the award of discretionary costs.