Sandra Sparkman & Joe Sparkman vs. Bluecross Blueshield E2002-00932-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Samuel H. Payne
Plaintiffs' action was dismissed by the Trial Court on the grounds plaintiffs failed to exhaust administrative appeals. On appeal, we Vacate and Remand.
Hamilton
Court of Appeals
John Garland vs. Tonia Garland E2002-00949-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James W. Mckenzie
In this divorce action, the wife appeals the alimony award and amount of attorney's fees awarded to her. On appeal, we Affirm as Modified.
Rhea
Court of Appeals
Teresa Malone vs. Shane Maddox E2002-01403-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Neil Thomas, III
This case focuses on an insurance company's liability under the uninsured motorist ("UM") provisions of an automobile insurance policy. It arises out of an automobile accident involving Teresa Malone ("the policyholder") and Shane Maddox ("the uninsured motorist"). The policyholder appeals the trial court's judgment decreeing that the policyholder's uninsured motorist carrier, Harleysville Mutual Insurance Company ("the UM carrier"), cannot be held liable for prejudgment interest under the facts of this case because such an award would cause the total judgment against the UM carrier to exceed the UM coverage limit in the policy. We affirm.
Hamilton
Court of Appeals
Edward Howell vs. NHC Healthcare E2002-01321-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Harold Wimberly
The Trial Court refused to enforce an Agreement for Mediation and Arbitration. On appeal, we Affirm.
Carrie Mildred Mayer Dube ("Wife") sued Michael Norman Dube ("Husband") for a divorce. Wife is primarily a stay-at-home mother and Husband is an emergency room physician. The Trial Court divided the marital property with 65% of the property going to Wife. The Trial Court awarded Wife permanent alimony of $3,200 per month after finding Wife could not be sufficiently rehabilitated. Child support was set based on Husband's income for 2000, during which time he claims to have worked approximately 90 hours per week. Husband appeals the division of marital property, award of permanent alimony, and amount of child support which was based on his 90 hour work week. We affirm.
This appeal involves a medical malpractice case arising out of the emergency treatment of an intoxicated driver who sustained catastrophic injuries in a single-vehicle accident. The driver's conservator filed suit in the Circuit Court for Davidson County alleging that the negligence of the driver's healthcare providers at Vanderbilt University Medical Center caused him to suffer irreversible brain injury that left him in a persistent vegetative state. A jury returned a verdict for the driver, assessing his damages at $7,366,000 and allocating seventy percent of the fault to Vanderbilt and thirty percent of the fault to the driver. Thereafter, the trial court determined as a matter of law that the driver's damages had been caused by a separate injury for which Vanderbilt was entirely responsible. Accordingly, the trial court set aside the jury's allocation of fault and entered a judgment holding Vanderbilt one hundred percent at fault for the entire amount of the driver's damages. We have determined that the judgment must be vacated and that Vanderbilt is entitled to a new trial because of the cumulative effect of the trial court's errors in excluding the testimony of three of Vanderbilt's witnesses as well as evidence of the driver's alcohol-related conduct.
Shannon Dale Welch ("Welch") and Stacy Ann Brooks ("Brooks") were the only two occupants in an automobile traveling at a high rate of speed when it collided with a vehicle driven by Rhandie Parker ("Parker"). Parker's brother-in-law, Hershel D. Williams ("Williams"), was a passenger in his vehicle. As a result of the accident, Parker claimed $27,100 in property damage, medical expenses of $8,241.52, and personal injuries. Williams claimed medical expenses totaling $9,545.38 and personal injuries. Parker's wife, Janice Parker ("Ms. Parker"), asserted a claim for loss of consortium. A jury returned a verdict against Welch in favor of Parker for $35,000, and awarded Ms. Parker nothing. Williams was awarded $29,000. All three Plaintiffs appeal with the primary issue being the adequacy of the verdict. We affirm.
William Davis vs. Reliance Electric Industrial E2002-00973-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John A. Turnbull
Arbitrator awarded compensatory and punitive damages to plaintiff for retaliatory discharge. On appeal, we affirm.
Cumberland
Court of Appeals
In Re: The Estate of Martha G. Spencer M2001-02187-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: J. B. Cox
The origin of this appeal was a claim made against the Estate of Martha G. Spencer, by NHC Health Care of Lewisburg, a skilled nursing home, for services rendered her in the amount of $25,934.54. After a plenary trial the Chancellor dismissed the claim upon finding that NHC was estopped from pursuing its claim because of representations made that Ms. Spencer's expenses were covered by Medicare. NHC appeals. We affirm.
Marshall
Court of Appeals
Mary F. Hall. v. Mary Rose Pippin. M2000-01151-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Vernon Neal
The Defendants, Mary Rose Pippin and Dale Delaney appeal the Trial Court's dismissal of a Rule 60 motion, which attacked a previous determination by the Trial Court relative to their right to maintain a fence across a roadway over which the Plaintiffs, Mary F. Hall and Don K. Hall claim a private right-of-way. We affirm.
Putnam
Court of Appeals
W2001-03088-COA-R3-CV W2001-03088-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: James F. Russell
Shelby
Court of Appeals
Shirley Daniel vs. James Daniel W2002-01103-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: William Michael Maloan
This is an alimony case. At the time of the divorce, the parties had been married for almost thirty-one years. The husband was fifty-one years old, and the wife was forty-five years old. The husband owned his own backhoe/trackhoe company. The wife was a homemaker and raised the parties' three children. She has a sixth-grade education and earned her GED in 1997. Since the parties' separation, the wife had held five jobs but had not been able to maintain her employment. The parties agreed on the division of personal and real property, but disagreed over the value of the husband's business property. The trial court found that the husband made it difficult to ascertain the parties' financial situation. The trial court also found that the wife was economically disadvantaged and could not be rehabilitated. The wife was awarded alimony in futuro and attorney's fees. On appeal, the husband argues that the trial court erred in awarding the wife alimony in futuro and attorney's fees. We affirm, finding that the trial court did not err in concluding that the wife cannot be rehabilitated and in awarding alimony in futuro and attorney's fees.
Obion
Court of Appeals
Linda Sue Hathaway vs. Glenn Hathaway E2002-00659-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Bill Swann
The Trial Court ordered father to pay daughter's tuition to a college of her choice, based upon a provision in the Marriage Dissolution Agreement. On appeal, we modify.
Knox
Court of Appeals
Donna Seals vs. Larry Seals E2002-00100-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples
Donna Lynn Seals ("Wife") and Larry Clyde Seals ("Husband") were divorced in 2001, after seventeen years of marriage. The parties have one minor child ("Child"). Wife was primarily a stay-at-home mother during the marriage. Husband is employed as a general superintendent by Williams Union Boiler. The Trial Court found Husband's earnings for 2001 to be $117,000 in regular wages plus $16,380 in per diem. The Trial Court awarded Wife the parties' home in Hamilton County as alimony in solido and further ordered Husband to pay rehabilitative alimony in the amount of $1,365 per month for forty-two consecutive months. The Trial Court also ordered Husband to pay $2,063 per month in child support, which is an upward deviation due to Husband's absence of overnight parenting time since December 2000. Husband filed a post-trial Tenn. R. Civ. P. 52.01 motion for findings of fact. The Trial Court addressed this motion and entered its Final Decree of Divorce in November 2001. Husband appeals. We affirm.
Hamilton
Court of Appeals
Charles Montague vs. Michael Kellum E2002-01733-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jean A. Stanley
This legal malpractice claim arises from the filing by attorney Michael D. Kellum ("Defendant") of an unverified post-conviction petition on behalf of Charles Montague ("Plaintiff"). The post-conviction petition was dismissed by the Criminal Court on the merits and because it was not verified. We vacated a previous grant of summary judgment to Defendant to allow Plaintiff time to conduct discovery. While on remand and during discovery, the Court of Criminal Appeals affirmed the dismissal of Plaintiff's post-conviction proceeding for the sole reason that the petition was unverified. Thereafter, the Trial Court again dismissed this lawsuit after concluding, inter alia, Plaintiff had suffered no damages. We vacate and remand.
Washington
Court of Appeals
Debra Persada vs. Tim Persada E2002-00397-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: G. Richard Johnson
In divorce action the parties reached an agreed property settlement by mediation. Before Judgment, the husband repudiated the agreement, but the Trial Court heard evidence on the validity of the agreement and enforced the agreement by entering Judgment thereon. We affirm on appeal.
Johnson
Court of Appeals
Kay Dulin vs. Michael Dulin W2001-02969-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George H. Brown
This appeal arises from a custody dispute involving parental relocation with a minor child. The lower court dismissed Father's petition to oppose Mother's relocation and granted Mother's motion to dismiss. Father raises multiple issues on appeal. For the following reasons, we affirm.
Shelby
Court of Appeals
Andrew Downs vs. Crystal Bailey/Joni Downs W2002-01362-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: William A. Peeler
This is a child custody case. The two children involved were born to the mother and father during their marriage. In 1998, the mother and father were unable to care properly for the children, so the mother's sister (the children's aunt) obtained temporary custody. The mother and father divorced in 1999. In 2000, the father filed a petition for custody, claiming that he and his common-law wife could provide a stable home for the children. The aunt sought to retain custody. The mother intervened, arguing that, if permanent custody were not granted to the aunt, then custody should be awarded to her. After a hearing, the trial court granted custody to the father. The mother and the aunt appeal, both claiming that they are entitled to custody. We affirm, finding that the father's rights are superior to those of the aunt, and that the trial court did not err awarding custody to the father rather than the mother.
Tipton
Court of Appeals
Deborah Smith vs. Riley Smith W2002-00477-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George R. Ellis
This is an appeal of a final decree of divorce and the order of the trial court on the moton to alter or amend, involving issues of division of marital property, alimony in futuro, contempt of court, and injunctive relief for Wife's alleged harassment of Husband. Husband appeals. We affirm in part, reverse in part, and remand.
Gibson
Court of Appeals
John Ruff vs. Raleigh Assembly W2001-02578-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert A. Lanier
This appeal arises from a complaint filed by the plaintiff, John Ruff ("Mr. Ruff"), in the Circuit Court at Shelby County against the defendant, Raleigh Assembly of God Church, Inc. ("the church"), for assault, battery, false imprisonment and intentional infliction of emotional distress. At the conclusion of the trial, the trial court entered judgment in favor of the church. The parties raise multiple issues on appeal. For the following reasons, we affirm in part and remand
John Iovinelli vs. Steadman Estes W2001-02968-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D'Army Bailey
This is an appeal of the grant of summary judgment. The Appellants contend that the trial judge granted the Appellees summary judgment, sua sponte, and that they did not have notice or an opportunity to respond to the issues decided by the judge. We disagree and, for the following reasons, we affirm.
Shelby
Court of Appeals
Janice Evans vs. Thomas Evans W2001-03037-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris
This is an appeal of a final decree of divorce involving issues of division of marital property, rehabilitative alimony, child support, and admission of evidence. Wife appeals. We affirm in part, reverse in part, and remand.
