William Lindgren & Melanie Lindgren vs. City of Johnson City E2001-01676-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jean A. Stanley
Plaintiff was injured by falling on defendant's sewer covering. The Trial Court found for plaintiff and awarded damages against City. On appeal, we affirm finding of liability, but vacate award of damages and remand with instructions to determine the total amount of damages, find percentage of fault, and then enter judgment in accordance with the Governmental Tort Liability Act. We Affirm in Part, Vacate in Part and Remand.
Washington
Court of Appeals
Hutter vs. Bray, Cohen, Kressin, Hash, Norton, Luhn E2001-02408-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.
In plaintiff's action for conspiracy, fraud and malicious harassment, the Trial Court dismissed the action for failure to state a claim for which relief could be granted. We affirm.
Blount
Court of Appeals
David O'Connell v. Metro Government of Nashville/Davidson County M2001-00491-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz
The plaintiff in this inverse condemnation action alleged that the State took two parcels of land that belonged to him for a road-widening project, paying compensation to the wrong parties. The trial court referred the question of ownership of the disputed parcels to a special master, who determined that the plaintiff was not entitled to compensation for one of the parcels because title had passed to another party by adverse possession. The trial court affirmed the findings of the special master. We affirm the trial court.
In The Matter of the Estate of Nellie Ellis, Charles W. Moore. v. Clyde Green M2000-01516-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Frank G. Clement, Jr.
This case involves the interpretation of a remainder interest granted in a will. The decedent's husband bequeathed to the decedent a life estate in stock in a family-owned business, with the remainder to go 50% to his "living heirs" and 50% to "some deserving person in the music department at Belmont College." After her husband's death, the decedent purchased the remainder interest in the stock from all of the remaindermen. By virtue of this purchase, the decedent presumed that she owned the stock outright. At her death, her will included a bequest of the stock. Her heirs brought this declaratory judgment action, seeking a declaration that the decedent did not own the stock at her death. They argued that the decedent's purchase of the remainder interest in the stock was invalid because the remaindermen did not own a vested interest in the stock at the time of the husband's death. The trial court found that the case was barred by the statute of limitations and that the decedent had, in fact, acquired 100% ownership in the stock. The heirs now appeal. We affirm, finding that the remaindermen in the husband's will acquired a vested, transmissible remainder interest in the stock at the husband's death.
Davidson
Court of Appeals
Deborah R. Smith and Alan Smith vs. Taco Bell Corporation E2001-01796-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Wheeler A. Rosenbalm
The trial court awarded Deborah Smith ("Plaintiff") $250,000 for injuries received as a result of her fall at Taco Bell. Plaintiff's husband was awarded $10,000 for his loss of consortium claim. On appeal, Taco Bell Corporation ("Defendant") contends the trial court committed reversible error by failing to rule at trial on Defendant's objections made during the depositions of the two primary treating physicians. Defendant also claims the medical proof was insufficient to establish a causal connection between Plaintiff's fall at Taco Bell and her medical condition. We affirm.
Knox
Court of Appeals
E2001-02086-COA-R3-CV E2001-02086-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II
Ronald Meredith vs. James Stair E2001-02852-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
In this suit seeking damages for breach of contract, Ronald C. Meredith, Jr., and Clinton Broadcasters, Inc., were granted a judgment against James F. Stair in the amount of $84,326. Mr. Stair appeals. His single issue insists that the Trial Court was in error in finding a breach of contract. We disagree and affirm.
Anderson
Court of Appeals
Estella Akins vs. Dwaine Peters E2001-02739-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Lawrence H. Puckett
Estella Akins ("Plaintiff") sued Dwaine Peters and Carolyn Peters ("Defendants") for the wrongful death of her husband, Leon Akins ("Decedent"). At the time of his death, Decedent was feeding hay to Defendants' cattle using Defendants' tractor. One of the tractor's rear tires rolled onto the Decedent, killing him. The Trial Court granted Defendants' motion for directed verdict at the close of Plaintiff's proof. Plaintiff appeals. We affirm.
The plaintiff sued adjoining landowners asking the court to establish the boundary line between the two properties. The Chancery Court of Marion County held that the line originally ran where the plaintiff claimed but that the plaintiff's claim was barred by laches and adverse possession. We affirm.
Danny Alvis vs. Manfred Steinhagen W2001-00940-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio
This appeal arises from a claim filed by the Appellee against the Appellant in the General Sessions Court of Shelby County. The claim alleged that the Appellee was entitled to rescission, reformation, and/or damages proximately caused by the Appellant's breach of contract, breach of warranty, fraud, misrepresentations, violations of the Tennessee Consumer Protection Act, and/or unjust enrichment. Following a trial, the general sessions court rendered a verdict in favor of the Appellee. The Appellant appealed the decision to the Circuit Court of Shelby County. Following a trial in the circuit court, the circuit court rendered a verdict in favor of the Appellee and ordered the Appellant to pay discretionary costs.
Shelby
Court of Appeals
Latasha Whittington-Barrett vs. Jerry Hayes E2001-01277-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: G. Richard Johnson
LaTasha Marie Whittington-Barrett ("Plaintiff"), who is currently incarcerated by the State of Tennessee, filed a petition seeking a copy of Plaintiff's medical and psychiatric records. As grounds for the petition, Plaintiff cited a Tennessee Department of Corrections rule which requires a court order before TDOC will release copies of the inmate's health records directly to the inmate. The defendants, prison Health Administrator Jerry Hayes and prison Mental Health Psychological Examiner David Dobbins ("Defendants"), filed a Motion to Dismiss or for Summary Judgment. The Trial Court granted Defendants summary judgment. Plaintiff appeals. We vacate the summary judgment and remand.
Johnson
Court of Appeals
Minnie Long v. HCA Health Svcs dba Southern Hills Medical Center M2001-00505-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Marietta M. Shipley
This appeal involves a personal injury sustained by the plaintiff while a patient at defendant's nursing home facility. The plaintiff filed suit against the defendant for negligence and the case proceeded to trial before a jury. During the trial, the defendant filed several motions for a directed verdict, which were denied. The trial resulted in a hung jury and the court was forced to declare a mistrial. Before the second trial, the defendant renewed its motion for directed verdict. The court ruled that the plaintiff's cause of action should be considered a claim for medical malpractice, but that the plaintiff made out a prima facie case. The plaintiff voluntarily dismissed the suit before the second trial took place and the defendant motioned the court for discretionary costs. The court awarded the defendant only some of the requested costs and this appeal followed. For the following reasons, we affirm the decisions of the trial court to deny defendant's last motion for a directed verdict and to award only partial discretionary costs.
Davidson
Court of Appeals
Charles Kendall Duty, et al v. Farah Dabit, et al M2001-00586-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: C. L. Rogers
This appeal involves a suit brought by the purchasers of a new home. The seller and purchaser entered into a contract of sale, wherein the seller agreed to construct a home on a parcel of real property. Having no construction experience, the seller hired a contractor to construct the home. Upon the completion of the home and closing on the property, the purchasers discovered numerous defects that were allegedly caused by a failure to construct the home in a workmanlike manner. The purchasers filed suit against the seller and the contractor. The seller and the contractor hired an attorney, but the attorney eventually withdrew from the case. Four months after the attorney's withdrawal, the case proceeded to trial. The seller, acting pro se, arrived at the trial several hours late. By the time the seller had arrived, the contractor and purchaser had completed voir dire and the contractor had been dismissed through a judgment on the pleadings. With the trial judge acting as finder of fact, the trial proceeded and a judgment was entered against the seller in the amount of $22,182.84. After the trial, in an attempt to amend his pleadings to assert a cross-claim against the contractor, the seller moved the court for a new trial or to set aside the judgment. The trial court denied the seller's motion and for the following reasons, we affirm.
Sumner
Court of Appeals
Clement Bernard, M.D. v. Sumner Regional Health Systems M2000-01478-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Arthur E. Mcclellan
On or about March 26, 1999, the appellee Sumner Regional Health Systems, Inc. revoked appellant Clement F. Bernard, M.D. privileges to practice medicine at Sumner Regional Medical Center. Consequently, Dr. Bernard filed a complaint on March 29, 1999, alleging procurement of breach of contract and defamation. On February 9, 2000, Sumner Regional Health Systems filed a Motion for Summary Judgment on the grounds that Dr. Bernard could not establish viable claims for procurement of breach of contract or defamation. The trial court granted Sumner Regional's motion. On June 12, 2000, Dr. Bernard filed a Notice of Appeal and this litigation resulted.
Sumner
Court of Appeals
E2001-01963-COA-R3-JV E2001-01963-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Suzanne Bailey
Hamilton
Court of Appeals
T.H. Engineering & Mfg. & Ron Tourte vs. Chris Mussard E2001-02406-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John F. Weaver
Plaintiff sued on promissory note. Defendant counterclaimed on grounds of breach of contract, violation of Tennessee Consumer Protection Act, and fraud. The Trial Court entered Judgment for plaintiff and defendant has appealed. We affirm.
Knox
Court of Appeals
Flynt Engineering Company vs. William Cox E2001-02457-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Ben W. Hooper, II
This is a suit by Flynt Engineering Company against William Cox, seeking to recover the value of services rendered to Mr. Cox under the terms of a written contract. The trial judge granted a summary judgment in favor of Flynt Engineering in the amount of $115,753.15. We affirm.
Sevier
Court of Appeals
Dawn Larsen Niceley v. James Jacob Niceley, IV M2001-02182-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
After a sixteen-year marriage and one child, Husband and Wife both filed for divorce. After hearing the evidence, the trial court fashioned a parenting plan which named Husband the primary residential parent during the school year and named Wife the primary residential parent during the summer and most holidays and school breaks; valued and divided the marital property; and awarded Wife attorney's fees as alimony in solido. We affirm the parenting plan and the distribution of marital property but reverse the award of attorney's fees because the trial court found Wife was not economically disadvantaged.
Robertson
Court of Appeals
Margarette Adair v. Vincent Scalf d/b/a V & T Topsoil M2001-00677-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Claudia C. Bonnyman
This is an action to abate a temporary nuisance of dust and noise attributable to the removal, processing and sale of topsoil ostensibly incidental to the development of real property owned by the defendant Scalf adjacent to the residence of the plaintiff, and for damages. A declaratory judgment against the Metro Government that it failed to enforce its zoning regulations was denied. Metro Government cross-claimed for declaratory relief that Mr. Scalf's removal, processing and sale of topsoil on residential property was forbidden by Ordinance. This relief was granted. The judgment, as modified, is affirmed.
Davidson
Court of Appeals
Sonya Engstrom v. Todd Engstrom M2001-01448-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Clara W. Byrd
The trial court divided the marital property of a divorcing couple, awarding the wife the marital home and the husband his leather business. The husband appealed, arguing that the property division was inequitable because the home was worth much more than the business. We affirm the trial court.
Wilson
Court of Appeals
Robert Brown v. Dept of Labor and Workforce Development M2001-01625-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz
The appellant suffered an injury while on the job. The Department of Labor and Workforce Development denied him workers' compensation benefits. Appellant sued the state for monetary damages. The trial court dismissed the complaint for lack of subject matter jurisdiction. We affirm.
Davidson
Court of Appeals
Columbia Advertising v. Ralph Isenhour M2001-01627-COA-R3-CV
Authoring Judge: Sr. Judge James L. Weatherford
Trial Court Judge: Carol L. Mccoy
In this suit to collect payments for advertising services allegedly rendered to defendant pursuant to an oral agreement, the plaintiff failed to file an order setting the case for trial within the time period allowed by an agreed scheduling order. Shortly thereafter, the trial court dismissed the case for failure to prosecute. The plaintiff filed a Tennessee Rule of Civil Procedure 60 motion seeking relief from the order of dismissal on the grounds that by mistake, counsel had failed to calendar the scheduling deadlines. The trial court found that plaintiff failed to offer an adequate basis to grant relief from the order of dismissal under Rule 60 and denied the motion. For the reasons set out in this opinion, we reverse the decision of the trial court and remand this case for a trial on the merits.
