COURT OF APPEALS OPINIONS

Ginger C. Snead and James D. Snead, v. Lois V. Metts
01A01-9702-CV-00085
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Henry Denmark Bell

The plaintiffs, Ginger C. Snead and James D. Snead, sued the defendant, Lois A. Metts as a result of a vehicular accident which occurred on July 22, 1994. It is undisputed that the car driven by Ms. Metts struck the car driven by Ms. Snead in the rear while the Snead vehicle was stopped at a stop sign. Ms. Snead sued for injuries and damages and Mr. Snead sued for loss of consortium.
 

Williamson Court of Appeals

Fairly Hubbard Adelsperger, v. David Robert Adelsperger
01A01-9705-CH-00206
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert E. Corlew, III

This appeal presents a custody and visitation dispute. The parties were declared divorced in the Chancery Court for Rutherford County, and the wife received sole custody of the parties’ three minor children. Six months later, the wife moved to Mississippi, and the father petitioned for a change of custody. Following a bench trial, the trial court granted the father custody of the children after concluding that there had been a material change of circumstances and that placing the children in the father’s custody would be in their best interests. The mother asserts on this appeal that the evidence does not support the trial court’s decision. We agree and, therefore, reverse the judgment.

Rutherford Court of Appeals

Phillip Gene McDowell vs. Roberta Grissom Boyd - Concurring
01A01-9509-CH-00413
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Charles D. Haston, Sr.

This appeal involves a posthumous paternity dispute. While the decedent’s estate was pending in probate court, a person claiming to be the decedent’s son filed a petition in the Chancery Court for Van Buren County against the decedent’s estate and his widow seeking to establish the petitioner’s right to inherit part of the decedent’s estate. The trial court  heard the evidence without a jury and determined that the petitioner had presented clear and convincing evidence that he was the decedent’s  biological son. The decedent’s wife asserts on this appeal that the evidence does not support the trial court’s conclusion. We affirm the judgment.

Van Buren Court of Appeals

William W. Goad, Jr., v. Alphonse Pasipanodya, M.D., Meharry Hubbard Hospital, Frank Thomas, M.D. and Larry Woodlee
01A01-9509-CV-00426
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This appeal involves a prisoner’s medical malpractice suit stemming from the repair of an epigastric hernia. The prisoner filed a pro se complaint against the surgeon who had performed the surgery, the hospital where the surgery was performed, and a physician and physician’s assistant employed by the prison. The Circuit Court for Davidson County first granted the motion for summary judgment filed by the physician’s assistant and later granted the summary judgment motion filed by the hospital. The prisoner appealed from the order summarily dismissing his claims against the hospital. We have determined that the prisoner’s appeal must be dismissed because he has not complied with the mandatory requirements of Tenn. R. App. P. 3(f) and 4(a).

Davidson Court of Appeals

Sandra K. Baker (Abroms), v. State of Tennessee, ex rel., Gary D. Baker
01A01-9509-CV-00428
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a trial court’s discretion not to employ the mechanisms in Title IV-D for the payment and collection of child support. In a post-divorce proceeding seeking changes in visitation and child support arrangements, the Circuit Court for Davidson County declined to order the obligor parent to execute a wage assignment or to pay child support through the trial court clerk. On this appeal, the Attorney General and Reporter, on behalf of the Title IV-D contractor who represented the custodial parent, asserts that the trial court was statutorily required to direct the non-custodial parent to pay child support through the trial court clerk. We agree. Even though requiring the child support to be paid through the trial court clerk will, in this case, extract an unnecessary five percent penalty from the noncustodial spouse, paying child support through the trial court clerk is statutorily required in Title IV-D proceedings.

Davidson Court of Appeals

Fredrika A. Steiner v. The Parman Corporation - Concurring
01A01-9705-CV-00233
Authoring Judge: Judge Ben H. Cantrell

I concur in the result reached in Judge Todd’s opinion. My only reasonfor writing separately is to focus on what I perceive to be decisive in this case: the fact that the defendant did not violate a duty to the plaintiff. In that way, I avoid the nagging problem of the court apportioning fault in a case in which the plaintiff was entitled to a jury trial.

Davidson Court of Appeals

Fredrika A. Steiner v. The Parman Corporation - Concurring
01-A-01-9705-CV-00233
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Walter C. Kurtz

The plaintiff, Fredrika A. Steiner, has appealed from the summary dismissal of her suit against the defendant, The Parman Corporation, for damages for personal injury sustained in a fall on the premises of  defendant.

Davidson Court of Appeals

Antonio Sweatt v. Robert Conley, et al.
01A01-9706-CH-00247
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is an appeal by petitioner/appellant, Antonio Sweatt, from an order of the Davidson County Chancery Court dismissing Appellant’s petition against respondents/appellees Robert Conley, William Calhoun, Dale Basham, Shelia Roberts, Hattie Moore, Edna Freeman, and Dr. Harold Butler. The chancery court dismissed Appellant’s petition with prejudice after determining Appellant failed to state a claim upon which relief could be granted. The facts out of which this matter arose are as follows

Davidson Court of Appeals

David McAlister v. Peregrine Enterprises, Inc., formerly known as Empire Enterprises, Inc., et al
02A01-9610-CH-00262
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This suit involves an action for the redemption of preferred stock. The trial court found that the stock could be redeemed even though the redemption would render the corporation unable to pay its debts in the normal course of business. We reverse and remand.

Shelby Court of Appeals

Janice Blalock Yates v. William Mark Yates
02A01-9706-CH-00122
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge William B. Acree

Defendant William Mark Yates (Husband) appeals the final divorce decree entered by the trial court which awarded primary physical custody of the parties’ minor child to Plaintiff/Appellee Janice Blalock Yates (Wife), ordered the Husband to pay child support and alimony in solido to the Wife, and distributed the parties’ real and personal property. We affirm.

Dyer Court of Appeals

Ronnie Bradfield v. Billy Compton, et al
02A01-9705-CH-00111
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor J. Steven Stafford

This case involves a claim under 42 U.S.C.A. § 1983, filed by a state prisoner against employees of the Tennessee Department of Corrections. One defendant is a physician employed by Department. Plaintiff appeals the dismissal of his claims against all defendants. We affirm.

Lake Court of Appeals

Annette Dubose, v. Debbie Ramey
02A01-9705-CV-00096
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge John Franklin Murchison

Plaintiff/Appellant, Annette Dubose (“Dubose”), appeals the judgment of the trial court denying her motion for a new trial and specifically finding that the jury verdict and the judgment previously entered in this case were proper and correct. For reasons hereinafter stated, we affirm the judgment of the trial court.

Madison Court of Appeals

IN RE: Chad Andolino; Charles Alaln Mix and Lorena May Mix v. Robert Barton - Concurring
02A01-9510-CH-00224
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Walton West

This case presents for review the decision of the Chancery Court of  Decatur County finding that the Defendant, Robert Barton (“Father”) did not  abandon his son, Chad Andolino (“Son”) and, therefore, dismissing  Plaintiffs’, Charles and Lorena Mix (“Mixes”), petition for adoption. The Mixes appealed. For reasons stated hereinafter, we affirm the judgment of the trial court.

Decatur Court of Appeals

John Brown, v. County of Shelby
02A01-9512-CV-00284
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Irving M. Strauch

This appeal concerns an action by the appellant, John Brown (Brown), to recover workers’ compensation benefits from his employer, the appellee, County of Shelby (County), who has not elected to come within the provisions of the Workers’ Compensation Law. Brown alleges that he sustained on-the-job injuries while employed by the County as a counselor at the Shelby County Jail. The record reflects that the County has implemented its own policy whereby it compensates its employees for on-the-job injuries and relies to some extent on the Workers’ Compensation Act as a guide in determining benefits. At trial, it was established that under said policy, the County had paid Brown’s temporary disability benefits and that Brown sought only permanent disability benefits and the medical expenses incurred from Dr. John P. Howser. The trial court awarded a permanent partial disability of 7% to the body as a whole and entered a judgment for Brown in the amount of $5,863.68. No award was made for Dr. Howser’s expenses. Brown appeals, identifying the issues for review as follows:

Shelby Court of Appeals

John H. Fournier v. M. V. Tichenor and Bowling, Bowling, and Associates
02A01-9602-CV-00032
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert A. Lanier

Plaintiff-Appellant, John H. Fournier (“Fournier), appeals the order of the trial court entering summary judgment in favor of Defendants-Appellees, M. V. Tichenor (“Tichenor”) and Bowling, Bowling & Associates (“Law Firm”), on Fournier’s claims for negligent misrepresentation and breach of contract.

Shelby Court of Appeals

AMC-Tennessee, Inc. v. Hillcrest Healthcare
M2003-00882-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this appeal arising from a breach of contract claim, the appellant, Hillcrest Healthcare, LLC challenges the trial court's award of damages in the amount of $337,363.59 including $219,937 in lost profits. We affirm.

Davidson Court of Appeals

Ferrell vs. Blue Bird of Tennessee
01A01-9707-CH-00339
Trial Court Judge: Robert E. Corlew, III

Rutherford Court of Appeals

Bryan vs. Tent, Inc., d/b/a: University Medical Ctr.
01A01-9703-CH-00132
Trial Court Judge: C. K. Smith

Wilson Court of Appeals

01A01-9705-JV-00234
01A01-9705-JV-00234
Trial Court Judge: David Loughry

Rutherford Court of Appeals

Cheatham vs. Cheatham
01A01-9508-CH-00380
Trial Court Judge: Jim T. Hamilton

Maury Court of Appeals

Bryan vs. Tent, Inc., d/b/a: University Medical Ctr.
01A01-9703-CH-00132
Trial Court Judge: C. K. Smith

Wilson Court of Appeals

Millsaps vs. Robertson-Vaughn Construction
01A01-9704-CH-00160
Trial Court Judge: Jeffrey F. Stewart

Marion Court of Appeals

Jones vs. Culpepper
03A01-9706-CH-00202
Trial Court Judge: Billy Joe White

Claiborne Court of Appeals

Ella Pruett vs. Wal-Mart Stores
02A01-9610-CH-00266
Trial Court Judge: Joe C. Morris

Madison Court of Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Blount Court of Appeals