COURT OF APPEALS OPINIONS

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

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

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

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

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

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.

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.

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

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

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

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.

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

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.

Ray Gabrielle Cox v. Anderson County Highway Dept. & Anderson County, Tennessee - Dissenting
E1999-01697-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge James B. Scott, Jr.

I dissent from the majority opinion affirming the judgment of the Trial Court awarding compensatory damages of $130,000. From my review of the record, Plaintiff did not meet her burden of proving that Defendant had notice of the condition of the roadway, and therefore I would reverse the judgment of the Trial Court.

Pamela Lannom v. Board of Education for the Metropolitan Government of Nashville and Davidson County
M1999-00137-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Carol L. McCoy

The Davidson County Board of Education conducted a termination hearing for a tenured teacher who had been caught on videotape stealing pills from a student’s prescription bottle. After the hearing, the teacher was dismissed -2- from her position. She subsequently filed a Petition for Writ of Certiorari, which was dismissed after a Chancery Court hearing. We affirm the Chancery Court.

Virginia A. Parker, v. First American Corporation
M2000-00456-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Thomas Goodall

This appeal involves the jury’s assessment of damages arising out of a premises liability case. Finding the plaintiff to be 49% at fault and the defendant to be 51% at fault, the jury awarded to the plaintiff 51% of the damages that it had assessed. On appeal, the plaintiff argues that the jury’s damage award is not supported by material evidence in that it does not include damages for pain, suffering and loss of enjoyment of life. We agree with the plaintiff. Therefore, we reverse the jury’s award as to damages and remand this case for a new trial only on the issue of damages.

Clarice C. White v. Mary Jo Dozier and the Montgomery County Election Commission, et al.
M1999-02386-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Carol A. Catalano

This is an appeal by the contestant in an election contest brought pursuant to Tennessee Code Annotated sections 2-17-101 to 2-17-116. The trial court dismissed the complaint specifically holding that the mandate of section 17-106, that trial of an election contest “be held no more than fifty days from the date the complaint was filed,” was jurisdictional such that after the expiration of this fifty-day period, the trial court lost jurisdiction.

Kathleen J. Young-Green v. Richard W. Green
W1999-00093-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Walter L. Evans

Kathleen Young-Green appeals from the judgment of the Chancery Court of Shelby County. Her complaint had sought imposition of a constructive trust over assets allegedly procured through the exercise of undue influence. The trial court dismissed the case under Rule 41.02 of the Tennessee Rules of Civil Procedure finding that the Plaintiff had not satisfied her burden of proof. For the reasons stated herein, we affirm the trial court’s dismissal.

Dorothy West Harmon v. Harvey Carl Harmon
W1998-00841-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a divorce case. The husband is a physician employed by a professional association. The trial court granted the wife the divorce and awarded the wife, inter alia, 50% of the value of the husband’s interest in his medical practice and 45% of the husband’s retirement and profit sharing plans. The wife was awarded alimony in futuro of $6000 per month for 13 years. The husband was ordered to assume responsibility for the parties’ marital debt. The wife’s request for attorney’s fees was denied. The wife appeals the trial court’s valuation of the husband’s interest in the medical practice, the amount of alimony awarded, the division of the retirement and profit sharing plans, and the denial of attorney’s fees. The husband appeals the trial court’s order that he pay the marital debt. We reverse the trial court’s valuation of the husband’s interest in his medical practice, holding that the values set forth in buy-sell agreements executed by the husband are relevant but not binding on the wife in the divorce. The remainder of the trial court’s decision is affirmed.

Timothy Shaun McClure, v. Stacy Dawn McClure
W1998-00804-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Dewey C. Whitenton

This is a divorce case. The trial court awarded the husband sole custody of the parties’ children and ordered the wife to pay child support. Supervised visitation was awarded to the wife, and visitation was also awarded to the maternal grandmother and great-grandmother. The trial court also ordered that the marital home be sold, with the proceeds divided between the parties. We affirm the award of custody to the husband, reverse the award of visitation to the maternal grandmother and great-grandmother, reverse the order that the marital home be sold, and remand.