COURT OF APPEALS OPINIONS

Hawkins vs. Sundquist
01A01-9803-CH-00164
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Flightless-N-Bird Farm vs. Dughman
01A01-9803-CV-00126
Trial Court Judge: Robert E. Burch

Cheatham Court of Appeals

Baker vs Maples
03A01-9805-CV-00160

Court of Appeals

Ruth/Raymond Wells vs. J.C Penny
W2002-00102-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown
This is a premises liability case. The plaintiff customer was shopping in a retail store. After a dispute with an unidentified customer over which customer would purchase certain merchandise, the unidentified customer grabbed the plaintiff's wrist. The plaintiff customer sued the retail store, asserting that the store had a duty to protect her from the customer's assault. The store moved for summary judgment, which the trial court granted. We affirm, finding that the assault was unforeseeable, and therefore the retailer did not have a duty of care to protect the customer from it.

Shelby Court of Appeals

Dennis/Cheryl Caire vs. McLemore Food Stores
02A01-9804-CV-00103
Trial Court Judge: Robert A. Lanier

Shelby Court of Appeals

Clark & Associates Architects, Inc. vs. Lewis
01A01-9802-CH-00088
Trial Court Judge: Carol A. Catalano

Montgomery Court of Appeals

Edmondson vs. Solomon
01A01-9802-CV-00097
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Hampton vs. TN Truck Sales
01A01-9712-CH-00721
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Brooks vs Brooks, Jr.
03A01-9801-CH-00008

Court of Appeals

Alexander vs Armentrout, Jr.
03A01-9807-CV-00205

Washington Court of Appeals

Spruce vs Spruce
03A01-9807-CV-00211

Knox Court of Appeals

Sara Evelyn Evans (Young) v. Bobby Hugh Young, D.K. Hailey Wrecking Company, Inc. and Levy Industrial Contractors, Inc.
01A01-9711-CV-00638
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Muriel Robinson

Intervenors D. K. Hailey WreckingCompany (Hailey Wrecking) and Levy Industrial Contractors, Inc. (Levy Industrial) appeal an order of the trial court requiring them to pay the attorney fees of Plaintiff Sara Evelyn Evans incurred in a proceeding to enforce a judgment obtained by Ms. Evans against Bobby Hugh Young. For the reasons stated below, we affirm the ruling of the trial court.

Davidson Court of Appeals

Woods vs Walldorf
03A01-9803-CH-00085

Court of Appeals

R & E Properties vs Jones
03A01-9804-CV-00133

Court of Appeals

Palmer vs. So. Central Correctional Facility Disciplinary Bd.
M1999-01611-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert L. Holloway
Petitioner, an incarcerated prisoner at South Central Correctional Facility, appeals the dismissal by the trial court of his petition for a writ of certiorari to review a disciplinary decision made by the Correctional Facility Disciplinary Board and approved by the Tennessee Department of Correction ("T.D.O.C."). The defendant filed a Rule 12.02(6), Tenn. R. Civ. P., motion asserting the failure of Petitioner to state a claim for which relief may be granted. The trial court sustained this motion to dismiss. We reverse.

Wayne Court of Appeals

01A01-9805-CH-00258
01A01-9805-CH-00258
Trial Court Judge: Allen W. Wallace

Dickson Court of Appeals

Bryant vs. McCord, et al
01A01-9801-CV-00046
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Memphis Housing Auth. vs. Ramona Stewart
02a01-9803-CV-00087
Trial Court Judge: Robert L. Childers

Shelby Court of Appeals

01A01-9711-CV-00685
01A01-9711-CV-00685
Trial Court Judge: James E. Walton

Montgomery Court of Appeals

Vernon W. Mauldin v. Tennessee Department of Correction
01A01-9801-CH-00014
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a state prisoner's efforts to obtain judicial review of the length of his incarceration. The prisoner contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s lesser sentence for armed robbery rather than the sentence imposed upon him at the time of his conviction in 1985. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to be immediately released from custody. He filed a Petition for Declaratory Order with the Department of Correction, and the Department denied him relief. Thereafter, the prisoner filed a pro se "Petition for Judicial Review and/or Petition for a Declaratory Judgment and/or Petition for Common-law Writ of Certiorari" in the Chancery Court of Davidson County. The trial court granted the Department's motion to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.

Davidson Court of Appeals

Larry Aubrey Henson v. Elizabeth Ellen Sorrell - Concurring
02A01-9711-CV-00291
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James F. Russell

This case involves allegations of promissory fraud, fraudulent concealment, breach of contract, conversion, and intentional infliction of emotional distress arising from a woman’s failure to inform her partner that she had stopped taking birth control pills, her subsequent 1In another appeal currently before this Court, Henson appeals the paternity ruling of the juvenile court and challenges the constitutionality of the Tennessee Paternity Statute. 2 pregnancy, and the birth of a child. The plaintiff, Larry Aubrey Henson (Henson), appeals the trial court’s judgment for the defendant, Elizabeth Sorrell (Sorrell), after a trial on the merits.

Shelby Court of Appeals

Larry Aubrey Henson, v. Elizabeth Ellen Sorrell - Concurring/Dissenting
02A01-9711-CV-00291
Authoring Judge: Judge Holly Kirby Lillard

I write separately only to indicate disagreement with an inference that may be drawn from the majority opinion. The last sentence in the opinion states that a party such as Henson may recover damages immediately flowing from the wrongful conduct, as in Smith v. Gore, 728 S.W.2d 738 (Tenn. 1987). As noted in the majority opinion, the plaintiff mother in Smith was permitted to recover in a medical malpractice action for damages immediately related to pregnancy and childbirth.

Court of Appeals

Rita Jean Fisher, v. Lena Green and Gloria Smith
01A01-9708-CH-00389
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is a nuisance action by one neighbor against another. The plaintiff alleged in her lawsuit that the defendant took action to cause flooding on the plaintiff’s property. The trial court found that the defendant had taken actions that resulted in flooding and enjoined further such actions, but found the evidence insufficient to award the plaintiff monetary damages for alleged damage to her home. The plaintiff appeals, and we affirm.

Davidson Court of Appeals

Mildred Johnson and Gary Johnson, v. Charles T. Cantrell and Patricia Cantrell
01A01-9712-CV-00690
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

Plaintiffs Mildred and Gary Johnson appeal an order of the trial court granting summary judgment in favor of Defendants Charles T. and Patricia Cantrell. For the reasons set forth below, we affirm the trial court’s ruling.

Davidson Court of Appeals

Andrea D. Bryant v. Phillip Wright, Jr. - Concurring
01A01-9712-CV-00710
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

Defendant Phillip Wright, Jr. (“Wright” or” Appellant”) appeals the judgment of the trial court which awarded Plaintiff Andrea D. Bryant (“Bryant” or “Appellee”) the sum of $9,919.80 for breach of contract.

Davidson Court of Appeals