COURT OF APPEALS OPINIONS

Elease Owens, for herself and as next-of-kin to Etherline Bailey, Deceased v. Methodist Healthcare Systems and William C. Phelps, M.D.
02A01-9704-CV-00089
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Janice M. Holder

This is a medical malpractice case. The plaintiff asserts that the defendant physician caused
the death of the decedent in the course of childbirth. The jury found in favor of the defendant physician. The plaintiff appeals, asserting error in the jury instructions and juror misconduct. We
affirm.

Shelby Court of Appeals

Paul Farnsworth v. Billy Compton, et al.
02A01-9809-CV-00257
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge R. Lee Moore Jr.

Paul Farnsworth, a pro se inmate, has appealed the trial court’s dismissal of this 42 U.S.C. § 1983 civil rights action that was brought against numerous individually named defendants. Based upon the following, we affirm the trial court’s dismissal.
 

Lake Court of Appeals

Donald Sweeney and Vickie Sweeney Moulton, et al., v. Eric Erwin
01A01-9807-CH-00387
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Allen W. Wallace

This is an appeal from a chancery decree awardingspecific performance to the purchasers of a tract of real estate and denying a counterclaim for rent. The lower court rendered the decree after a full evidentiary hearing on the merits. The appellant has not furnished this court with a transcript of the evidence heard at the trial.

Cheatham Court of Appeals

Mary Jean Brewer, v. Edward Lelon Brewer, Jr.
01A01-9710-CH-00611
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

This case tests the power of the trial court to order an adult, slightly handicapped child to visit his father. The Chancery Court of Rutherford County held that it was the duty of the court to require the visitation. We hold that under the circumstances of this case the court exceeded its jurisdiction.

Rutherford Court of Appeals

Peggy Ann Bouchillon Brasfield v. Jimmy Carroll Brasfield - Concurring
03A01-9804-CH-00144
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Jerry Beck

This is an appeal from a reduction in ordered child support.

Sullivan Court of Appeals

Mitchell L. Darnall, v. A+ Homecare, Inc., and James Bradley Smith, et al. - Concurring
01A01-9807-CV-00347
Authoring Judge: Judge William C. Koch, Jr.

The court has correctly affirmed the summary judgment dismissing Mr. Darnall’s Tenn. Code Ann. § 50-1-304 (Supp. 1998) claim. Even though I concur with the court’s decision, I have prepared this separate opinion to state my understanding of the elements of a Tenn. Code Ann. § 50-1-304 claim. I find this restatement necessary because of the Western Section’s reliance on Johnson v. St. Francis Hosp., Inc., 759 S.W.2d 925 (Tenn. Ct. App. 1988) in Merryman v. Central Parking Sys., Inc., No. 01A01-9203-CH-00076, 1992 WL 330404 (Tenn. Ct. App. Nov. 13, 1992) (No Tenn. R. App. P. 11 application filed).

Davidson Court of Appeals

Theresa G. Jenkins v. Lionel R. Barrett, Jr., and John G. Oliva - Concurring
01A01-9809-CV-00514
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Lee Russell

The appellant states the issue before this Court thus:

A single, narrow issue is presented for consideration in this appeal: Does material evidence within the meaning of Rule 13d, appear in the record which suports the jury’s verdict of $140 ,000.00 in compensatory damages, and, if so, did the trial court erroneously grant a new trial?

The case history demonstrates that this issue is not properly before the Court for consideration.

Davidson Court of Appeals

City of Lafayette v. Mark and Ruby Hammock
01A01-9901-CV-00056
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Bobby H. Capers

In its eminent domain proceeding, the City of Lafayette (City) took a small strip of Mark and Ruby Hammock’s land along the City’s right-of-way for an existing street.

Macon Court of Appeals

Stone Fort Land Company v. The Tennessee Petroleum Underground Storage Tank Board, et al. - Concurring
01A01-9707-CH-00370
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This case involves eligibility for environmental cleanup funds. The plaintiff landowner appeals the decision of the Tennessee Petroleum Underground Tank Board finding the plaintiff ineligible to receive reimbursement from the petroleum underground storage tank fund established in Tennessee Code Annotated § 68-215-110. Upon initial review in chancery court, the Board’s decision was reversed. The trial court subsequently reconsidered its decision and, based on recent Tennessee appellate decisions, affirmed the Board’s decision to deny assistance. We affirm.

Davidson Court of Appeals

Pearl Nixon, v. Shoney's, Inc.
01A01-9711-CV-00629
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Bobby H. Capers

This is a personal injury slip and fall case. The plaintiff was injured when she fell in the defendant’s restaurant due to a tray negligently left on the floor. The defendant restaurant admits liability but asserts that the evidence does not support the amount of the trial court’s award and seeks a remittitur. We affirm the trial court’s decision as modified.

Wilson Court of Appeals

Mitchell L. Darnall v. A+ Homecare, Inc. and James D. Smith
01A01-9807-CV-00347
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Cornelia A. Clark

This is an appeal by the plaintiff from summary judgment granted to the Defendants in a complaint asserting retaliatory discharge with the action based solely upon Tennessee Code Annotated section 50-1-304.

Williamson Court of Appeals

State of Tennessee v. Charles R. Brown
03C01-9806-CC-00213
Authoring Judge: Senior Judge L.T. Lafferty
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Charles R. Brown, appeals as of right from his conviction for driving under the influence of an intoxicant (DUI) by a Blount County jury. The defendant was sentenced to eleven months and twenty-nine days. He was ordered to serve forty-eight hours in the county jail before being placed on supervised probation for eleven months and twenty-seven days. The defendant was also fined $350. In this direct appeal, the defendant presents two issues: (1) whether the evidence was sufficient to support the finding of guilt beyond a reasonable doubt; and (2) whether the trial court erred in charging the jury.

Blount Court of Appeals

Bill Jennings v. Lawler-Wood, Inc.
03A01-9803-CV-00111
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Richard E. Ladd

The controversy giving rise to this appeal had its genesis in a service contract for washers and dryers entered into between Plaintiff Bill Jennings and Defendant Lawler-Wood, Inc., which manageg Maple Oak apartments for the owners. 

Sullivan Court of Appeals

Janet G. Seals v. Jefferson City, Tennessee and Jefferson County, Tennessee
03A01-9808-CV-00269
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Rex Henry Ogle

The issue presented by this appeal is whether an amendment to T.C. A.50 -1-304, (commonly knownn as the Whistle Blower Statute), which brough employees of the State of Tennessee within its purview, should be given retrospective effect.

Court of Appeals

Little Six Corporation vs. Ruth Johnson, Commissioner
01A01-9806-CH-00285
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Buford vs. Cunningham
01A01-9806-CH-00325
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Advanced Sales vs. Wilson Co.
01A01-9805-CH-00245
Trial Court Judge: C. K. Smith

Wilson Court of Appeals

02A01-9712-GS-00298
02A01-9712-GS-00298
Trial Court Judge: John Franklin Murchison

Madison Court of Appeals

Planet Rock vs. Regis Ins.
02A01-9807-CV-00218
Trial Court Judge: John Franklin Murchison

Madison Court of Appeals

Jenny C. Walker vs. James M. Walker
M2001-00087-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
After the parties separated, the husband borrowed a substantial amount of money to complete the renovation of marital property and to pay household expenses. The trial court divided the marital property pursuant to divorce, classifying the husband's post-separation loans as marital debt. The wife argues on appeal that the trial court erred in its classification and division of the post-separation debts. We affirm the trial court.

Robertson Court of Appeals

Southers vs. Southers
03A01-9802-CV-00001

Sullivan Court of Appeals

Hennigan vs. Hennigan
01A01-9807-CH-00380
Trial Court Judge: Tyrus H. Cobb

Bedford Court of Appeals

In the Matter of: M.C.G.
01A01-9809-JV-00461
Trial Court Judge: Andrew J. Shookhoff

Davidson Court of Appeals

Lessley vs. Shope
01A01-9805-CV-00233
Trial Court Judge: Carol A. Catalano

Robertson Court of Appeals

C&C Aluminum Builders Supply vs. Rynd
01A01-9804-CH-00225
Trial Court Judge: John W. Rollins

Coffee Court of Appeals