Joseph C. Curtsinger, Jr. M.D. v. HCA, Inc.
Davidson County- Surgeon filed action against hospital and other related persons and entities seeking injunctive relief and monetary damages for the allegedly improper revocation of his hospital privileges and the false reporting of such to the State Medical Board and the National Practitioner Data Bank. The trial court granted Defendants partial summary judgment on all monetary claims asserted by surgeon pursuant to the Health Care Quality Improvement Act (HCQIA) and the Tennessee Peer Review Law. Having found that surgeon failed to show by a preponderance of the evidence that Defendants did not satisfy the four prong test for immunity provided under HCQIA, we affirm the decision of the trial court in all respects. |
Davidson | Court of Appeals | |
James Carson v. Waste Connections of Tennessee, Inc.
This is an appeal of a damage award. The plaintiff owned a house with a detached carport. A tenant in the house had agreed to “clean up” the house and lot; to do so, he rented on-site dumpsters from the defendant waste removal company. During the delivery of a dumpster, the defendant’s driver backed the delivery truck into one of the four columns supporting the carport structure. The carport partially collapsed. The plaintiff homeowner filed a lawsuit against the defendant waste removal company, alleging negligence and seeking damages. Prior to trial, liability was conceded; therefore, the primary issue at trial was the amount of damages. There was disputed testimony on the condition of the roof structure of the carport before the defendant’s driver hit it. After the trial, the trial court found that the carport did not have a “roof” at the time of the accident and determined that the cost of a new roof was $2,000. Deducting the cost of the “roof,” the trial court awarded damages in the amount of $20,000. The defendant waste removal company now appeals, arguing that the trial court erred in awarding damages or, in the alternative, in its calculation of damages. Finding that complete justice cannot be had by reason of a defect in the record, we remand the case for further proceedings in accordance with Tennessee Code Annotated § 27-3-128. |
Shelby | Court of Appeals | |
Jason Little v. Eastgate of Jackson, LLC d/b/a Eastgate Discount Beer & Tobacco
This is a retaliatory discharge case. The plaintiff was an at-will employee of the defendant store. While at work, the plaintiff witnessed a woman across the street from the store being physically assaulted by an unidentified man. The plaintiff employee took a baseball bat from under the work counter, left the work premises, and yelled and gestured at the assailant with the bat, causing him to leave the scene. The plaintiff then brought the woman back to the store, where the police were called. Two days later, the defendant store terminated the plaintiff’s employment because he had left the work premises to aid the assault victim. The plaintiff employee then sued the defendant, asserting that his termination violated Tennessee public policy. The defendant filed a motion to dismiss the complaint on its face, arguing that the termination did not violate a clearly established public policy of the State of Tennessee. The trial court denied the defendant’s motion to dismiss, determining that the complaint stated a valid claim for retaliatory discharge. The defendant was granted permission to file this interlocutory appeal by the trial court and by this Court. We affirm, finding that the complaint states a claim for retaliatory discharge in violation of a clear public policy of the State of Tennessee. |
Madison | Court of Appeals | |
Douglas McPherson v. Shea Ear Clinic, et al.
This case involves an ear clinic, a patient, and his physician. The patient did not have health insurance, but he was enrolled in a type of discount plan that contracts with healthcare providers to secure reduced rates on medical services for the plan’s members. The patient scheduled a treatment with the ear clinic, and he believed that the clinic and his physician participated in the discount plan. The patient underwent pre-surgery testing before learning that neither the clinic nor the physician accepted the discount plan. The patient refused to pay full price for the treatment, and it was never performed. However, the patient was billed for the pre-surgery testing. The patient filed suit against the clinic and his physician for breach of contract, but the trial court dismissed his complaint for failure to state a claim. The patient appealed to this Court, and we reversed. We also instructed the trial court to address the patient’s concerns that the court had not accommodated his hearing disability as required by the Americans with Disabilities Act. On remand, the Tennessee Supreme Court assigned a senior judge to preside over the case, and it appears that no oral proceedings took place thereafter. However, the patient attempted to join Shelby County, various county officials, and officers of the court as defendants, claiming that he had been damaged by the county and court’s failure to accommodate his disability. The patient also amended his complaint to add claims for medical malpractice and fraud against the clinic and his physician. The trial court denied the patient’s petition for joinder of the claims against the additional defendants. The court granted summary judgment to the clinic and physician on the breach of contract and medical malpractice claims, and the claim for fraud was dismissed for failure to state a cause of action. For the following reasons, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee, Ex Rel. Melinda Robinson v. Jessie Glenn, Jr.
Appellant challenges trial court’s rescission of a voluntary acknowledgment of paternity (“VAP”) and termination of child support. We reverse. |
Gibson | Court of Appeals | |
In Re J.C.J. and J.E.J.
The trial court terminated the parental rights of E.S.J. (“Father”) with respect to his minor children, J.C.J. (DOB: April 30, 2003) and J.E.J. (DOB: May 4, 2002) (collectively “the children”), upon finding, by clear and convincing evidence, that grounds for termination existed and that termination was in the best interest of the children. The court awarded the maternal grandparents temporary custody of the children. Father appeals. We affirm. |
Jefferson | Court of Appeals | |
In Re: Estate of Mary Gertrude Ralph, deceased. Patricia Butler, Co-Executor of the Estate of Mary Gertrude Ralph v. Wayne Ralph
This is a will contest. The decedent was an 89-year-old woman with eight grown children. In May 2004, the decedent was diagnosed with senile dementia. Shortly thereafter, the trial court established a conservatorship for the decedent. On August 2, 2004, the decedent executed a will that divided her estate equally among her children. After the decedent died in 2005, the will was submitted for probate. One of the decedent’s sons contested the August 2004 will, asserting that the decedent lacked testamentary capacity when it was executed, and submitted for probate an earlier will whose terms favored him and disinherited three of the children. After a bench trial, the trial court found that the decedent had the mental capacity to execute the August 2, 2004 will and admitted it for probate. The will contestant now appeals, arguing that the trial court erred in placing the burden of proving testamentary capacity on him instead of placing it on the will’s proponent, and that the trial court also erred in finding that the decedent had testamentary capacity to execute the August 2, 2004 will. We affirm, finding that the issue turns primarily on the trial court’s assessment of the credibility of the witnesses and that the evidence preponderates in favor of the trial court’s finding that the decedent had testamentary capacity to execute the August 2, 2004 will. |
Tipton | Court of Appeals | |
City of Memphis v. The Civil Service Commission of The City of Memphis and Richard Lindsey
This appeal involves the termination of a police officer’s employment with the Memphis Police Department. The officer appealed his termination to the Civil Service Commission of the City of Memphis (“the Commission”). The Commission found that the City of Memphis (“the City”) had not shown that termination was reasonable, and it ordered that Officer Lindsey be reinstated with full back pay and benefits. The chancery court affirmed the Commission’s decision. For the following reasons, we reverse and uphold the City’s decision to terminate the officer. |
Shelby | Court of Appeals | |
Kenneth B. White v. William Bacon, M.D., et al.
Inmate filed medical malpractice action against hospital for the allegedly negligent performance of his surgery and the failure to order appropriate post-operative treatment instructions. Hospital filed motion for summary judgment, alleging that it was an improper party to the suit because it was not a legal entity capable of being sued. The trial court granted the motion and inmate appeals. We affirm the decision of the trial court, finding that (1) hospital is not a legal entity capable of being sued; and (2) the trial court did not abuse its discretion by allowing hospital to reset its motion for summary judgment. |
Davidson | Court of Appeals | |
Crystal Capitol, LLC v. Katharine McManus Barber - Dissenting
I regret that I cannot concur with the court’s opinion in this case. Based on the law, I cannot conclude, as the court has done, that the trial court abused its discretion by denying Ms. McManus’s tardy Tenn. R. Civ. P. 60.02 motion to set aside the properly granted default judgment. |
Davidson | Court of Appeals | |
Crystal Capitol, LLC v. Katharine McManus Barber
The trial court refused to set aside a default judgment based upon the defendant’s delay in filing a motion to set aside. Because the defendant promptly notified the court that she had a meritorious defense, because the only evidence in the record shows the defendant did not willfully ignore the action against her, because the plaintiff has failed to allege or show any prejudice that would result from setting aside the judgment, and because relief should be granted where there is any reasonable doubt that the judgment by default should be set aside, we reverse. |
Davidson | Court of Appeals | |
Daniel Bradshaw v. Chattanooga Railcar Services, LLV, and Kingsport Rail Car Services, LLC
Plaintiff sued corporate defendants alleging that defendants failed to make proper distribution to shareholders under the operating agreements of each company. The Trial Court held that plaintiff received cash distributions from one of the companies or from KRS sufficient to pay his income tax liability under the terms of the operating agreement, but no distribution was made by CRS. On appeal, plaintiff argues that CRS, a separate entity from KRS, was required under the operating agreement to distribute to the plaintiff funds sufficient to pay his tax liability, since distributions were made to other members. Under the plain language of the agreement, we agree that plaintiff was due a distribution and we remand for the Trial Court to determine the proper amount. |
Hamilton | Court of Appeals | |
Robert J. Denley Co., Inc. v. Neal Smith Construction Company, Inc., et al.
The parties to a construction contract dispute the enforceability of its arbitration provision. The trial court refused to enforce the arbitration provision. The construction company appealed. The developer argues that the arbitration provision is unenforceable because it did not assent to arbitration, or alternatively, the arbitration provision was induced by fraud or unconscionable. The developer also claims that the defendants waived their right to arbitrate, and that they lack standing to enforce the right to arbitrate. For the following reasons, we reverse the decision of the chancery court and remand for entry of an order compelling arbitration. |
Madison | Court of Appeals | |
Tri-State Home Improvement v. Marilyn Starks
The plaintiff contractor filed a complaint in Shelby County General Sessions Civil Court against the defendant for a debt owed for various house repairs performed according to a service contract. The case was appealed to the Shelby County Circuit Court. Discovery was conducted, and the defendant filed a motion for leave to file a counter-complaint, which the trial court granted. In her countercomplaint, the defendant alleged that the contractor had not fulfilled the terms of the contract within the specified time period, that the contractor had failed to make repairs in compliance with local building codes as provided by the contract, and that the contractor had failed to perform repairs in a workmanlike manner. A bench trial was held, and the trial court found that the defendant was entitled to offset the original contract price of $14,981 by $5,500, and it entered judgment in favor of the contractor for $9,481 representing the remaining contract price. The trial court denied the contractor any award of attorney’s fees, and it assessed court costs against the defendant. The defendant appealed to this Court. We affirm in part, reverse in part, and remand. |
Shelby | Court of Appeals | |
O'Rane M. Cornish, Sr. v. The Home Depot, Incorporated
This case arises from the trial court’s grant of summary judgment in favor of Defendant/Appellee on a malicious prosecution complaint filed by Plaintiff/Appellant. Defendant/Appellee certified that it mailed copies of its filings, including its motion for summary judgment, to an incorrect address for Plaintiff/Appellant. Under Tenn. R. Civ. P. 5.02, if by mail, service must be made to the last known address of the party. Because Defendant/Appellee mailed its notice to an incorrect address, Plaintiff/Appellant was not properly noticed. We reverse and remand. |
Shelby | Court of Appeals | |
Madison County, Tennessee v. Dee Ann Culbreath, et al. and City of Jackson, Intervenor
This is a declaratory judgment action. The plaintiff county filed the instant lawsuit seeking a declaration that the defendant county library board of trustees has no authority under the pertinent Tennessee statute to contract with private entities for the management of the local library. The city intervened, arguing that the library board had the authority under the statute to enter into such contracts. Upon stipulated facts, the trial court held that the statute at issue authorizes the library board to contract with private entities for the management of the county library. The county now appeals. We affirm, concluding that the authority conferred upon the county library board in Tennessee Code Annotated § 10-3-104 includes the authority to enter into private contracts for the management of the local library. |
Madison | Court of Appeals | |
Calvin Westervelt v. State of Tennessee
Claimant sought to recover for injuries allegedly caused by an agency of the State. The Claims Commission found claimant to be 65% at fault. Therefore, under the rule of comparative fault adopted in McIntyre v. Ballentine, Claimant was precluded from an award of damages. Claimant asks this Court to affirm in order that he may proceed with the appellate process. We affirm. |
Court of Appeals | ||
Outdoor Management, LLC, et al. v. William H. Thomas, Jr.
Appellant appeals from the trial court’s orders finding Appellant in civil contempt and awarding attorneys’ fees and costs to Appellees. We affirm. |
Shelby | Court of Appeals | |
Donald F. Bradford, et al v. James W. Sell, et al
The issue presented in this lease dispute is whether the landlord or the tenant is responsible for payment of the costs of ad valorem real estate taxes and premiums for fire and extended coverage insurance. We hold that pursuant to the clear and unambiguous agreement of the parties, the tenant is responsible for the costs at issue. We therefore reverse the judgment of the trial court. |
Washington | Court of Appeals | |
Anthony Bond #249793 v. Tennessee Department of Correction
While an inmate at the South Central Correctional Facility, Anthony Bond was found guilty by the prison disciplinary board of assault on a visitor, placed in punitive segregation for 15 days, and ordered to pay a $5 fine. Mr. Bond challenged the conviction by filing a petition for writ of certiorari in the Wayne County Chancery Court. The trial court, after granting the petition and reviewing a certified copy of the disciplinary record, found that Mr. Bond was not entitled to any relief and dismissed the case. After careful review, we affirm the judgment of the trial court. |
Wayne | Court of Appeals | |
Lanier Worldwide, Inc. v. State of Tennessee, et al.
This case involves the protest of a bid made pursuant to an invitation to bid issued by the State for copy machines. Upon protest made by several of the bidders as to the bid made by the selected bidder, the board of standards, after review, awarded the contract to the selected bidder. The next qualified bidder filed suit in chancery court, and the chancery court reversed the decision of the board of standards and awarded the contract to the complaining bidder. The State-defendants and the selected bidder appeal. We reverse and remand. |
Davidson | Court of Appeals | |
Samantha D. Reed v. First Horizon National Bank, et al.
Appellant challenges the trial court’s order adopting the Report of the Special Master, dismissing her case, and authorizing foreclosure proceedings. We affirm. |
Shelby | Court of Appeals | |
James E. Blount, III, et al. v. City of Memphis, et al.
This dispute concerns annexation of property known as the Southwind area by the City of Memphis. The trial court denied Appellant’s motion to intervene in Plaintiffs’ quo warranto action challenging Memphis’ annexation ordinance, and entered a consent order agreed to by the parties following settlement negotiations. We affirm. |
Shelby | Court of Appeals | |
Teresa D. Sherlin v. Sandra G. Hall
Teresa D. Sherlin (“Plaintiff”) sued Sandra G. Hall in the Circuit Court for Bradley County (“Trial Court”) seeking compensation for personal injuries and property damage sustained when a vehicle driven by Ms. Hall collided head-on with a vehicle being driven by Plaintiff while Plaintiff was acting in the course and scope of her employment. At the time of the accident, Ms. Hall did not have a driver’s license and was an uninsured motorist. Plaintiff’s uninsured/underinsured motorist carrier, Farmers Insurance Exchange (“Farmers”), answered Plaintiff’s complaint and filed a motion for summary judgment. The Trial Court granted Farmers summary judgment finding and holding, inter alia, that Plaintiff was receiving workers’ compensation benefits, these workers’ compensation benefits exceeded the limits of liability of Plaintiff’s uninsured motorist policy, and because the limits of liability of the uninsured motorist policy are reduced by the amount of the workers’ compensation benefits pursuant to the insurance policy, Farmers had no liability to Plaintiff. Plaintiff appeals to this Court. We affirm. |
Bradley | Court of Appeals | |
N. C. Edwards, II v. Carlock Nissan of Jackson, LLC, et al.
Lessor/Appellee sued Lessee/Appellant for breach of contract due to Lessee/Appellant’s alleged failure to maintain the leased building as required under the lease. The trial court entered Judgment in favor of Lessor/Appellee, which Judgment included damages for repairs to the building, lost rent, and attorney fees. Lessee/Appellant appeals. On appeal, Lessor/Appellee asks for attorney fees in defending this appeal. We affirm the judgment of the trial court and remand for a determination of appropriate appellate attorney fees. |
Madison | Court of Appeals |
