COURT OF APPEALS OPINIONS

Sherer vs. Linginfelter
03A01-9805-CV-00168

Ellis vs. Trentham
03A01-9806-CH-00204

Stewart vs. Stewart
03A01-9806-CV-00180

Michelle Ball for herself and next of kind of Miranda K. Ball, Deceased, v. Hamilton County Emergency Medical Services
03A01-9804-CV-00139
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Neil Thomas, III

This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination:

Howell vs. Chase
03A01-9810-CV-00340

Robert D. Fulcher, III and wife, Eleanor Fulcher and Allen-Fulcher Partnership, v. R. Chancellor Allen and H. Stanley Allen, Trustee, and Harwell-Allen Partnership
01A01-9802-CH-00090
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

This appeal involves a dispute between partners. Plaintiffs-Appellants, Robert D. Fulcher III, Eleanor Fulcher, and Allen-Fulcher Partnership, appeal the trial court’s ruling in favor of Appellees, R. Chancellor Allen, H. Stanley Allen, and Harwell-Allen Partnership.

Steven Meredith Garmon v. Fisk University, Henry Ponder, President, Reavis L. Mitchell, Dean of Academic Affairs
01A01-9803-CH-00132
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

A white college professor denied tenure sued his university employer for breach of contract and racial discrimination. The Chancery Court of Davidson County dismissed both claims. We reverse the judgment dismissing the contract claim and affirm the ruling on the discrimination claim.

Vanderbilt University Medical Center v. The County of Macon, Lafayette, Tennessee - Concurring
A01-9712-CH-00707
Authoring Judge: Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease

Vanderbilt University Medical Center (“Vanderbilt”) filed suit in the Chancery Court of Davidson County against Macon County (“County”) seeking a judgment against County in the amount of $20,671.95 for medical services rendered by Vanderbilt in Nashville to an inmate who had been in the  custody of County and who had been brought to Vanderbilt for treatment. Both Vanderbilt and County filed motions for summary judgment,  supported by affidavit or affidavits. Following a hearing, the chancellor denied County’s summary judgment motion and granted summary  judgment in favor of Vanderbilt. On appeal, County has raised two issues which are as follows:

1. Did the trial court err in ruling that venue was proper in Davidson County; 2. In granting Vanderbilt’s motion for summary judgment.

Underwood vs. Charter Federal
03A01-9809-CV-00288

Gouge vs. Ryan
03A01-9805-CV-00174

02A01-9712-CV-
02A01-9712-CV-
Trial Court Judge: James F. Russell

02A01-9805-CV-
02A01-9805-CV-
Trial Court Judge: James E. Swearengen

02A01-9804-CH-
02A01-9804-CH-
Trial Court Judge: C. Neal Small

Kimberly Siegel vs. David Siegel
02A01-9708-CH-00198
Trial Court Judge: C. Neal Small

Lisa Austin vs. Gregory Graflund
02A01-9807-JV-00176
Trial Court Judge: A. V. Mcdowell

Kenneth Larry Mangum, v. Golden Gallon Corporation
01A01-9709-CV-00459
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Buddy D. Perry

This premises liability action involves a disabled person who was injured when he tripped on a floor mat while entering a convenience market in Decherd. The patron’s suit against the market, originally filed in the Chancery Court for Franklin County but later transferred to the Circuit Court for Franklin County, alleged that the market had created a dangerous condition, especially for patrons using crutches, by placing the floor mat at its entrance. The market moved for summary judgment, relying on the deposition testimony of the patron, two employees of the market, and the market's surveillance camera videotape of the patron’s fall. The trial court granted the motion, and the patron has appealed. We have determined that the market is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment.
 

Burson & Simpson Lodge Developments, Inc. v. The Metropolitan Government of Nashville and Davidson County, and the Metropolitan Planning Commission
01A01-9805-CH-00249
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Claudia C. Bonnyman

Burson and Simpson Lodge Developments, Inc. ("Burson & Simpson") appeals from the trial court’s affirmance of a decision rendered by the Nashville and Davidson County Metropolitan Planning Commission (the “Planning Commission”), whereby the Planning Commission characterized a proposed amendment to a planned unit development as a “basic change in development concept,” and whereby the Planning Commission disapproved the amendment. We find that, based upon the record before this Court, the Planning Commission’s disapproval of the proposed amendment was illegal, arbitrary, or capricious and, therefore, we reverse the holding of the trial court.

Steve Anderson v. Hacks Crossing Partners, et al.
02A01-9711-CH-00288
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor D. J. Alissandratos

Plaintiff Steve Anderson appeals the trial court’s order which dismissed his complaint seeking specific performance and other relief against Defendants/Appellees Hacks Crossing Partners and Exxon Corporation. We affirm.
 

Browning Construction Company v. Lawrence E. Steinburg and John W. Browning, Sr., - Concurring
02A01-9711-CH-00290
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor John Hill Chisolm

This is a suit to enforce a mechanics’ and materialmen’s lien. The plaintiff asserted it made improvements to real property based on an agreement with the owner of the property. The property owner moved for summary judgment, arguing that there was no evidence of an agreement between the parties. The trial court granted summary  judgment to the defendant property owner, and the plaintiff appeals. We affirm.

Robin Berry, et al vs. Wilson County Board of Zoning Appeals, et al
M2000-01995-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: C. K. Smith
The Wilson County Board of Zoning Appeals denied Petitioner's request to establish a flea market or a gift shop/deli shop in property zoned C-3 (Highway Commercial). The Board denied Petitioner's request, finding that the Petitioner's proposed businesses were neither permitted uses nor uses permissible on appeal. Petitioner appealed the decision of the Board of Zoning Appeals to the chancery court. The chancery court reversed the decision of the Wilson County Board of Zoning Appeals. For the following reasons, we affirm.

James & Mary McCain vs. Cary Vaughn
02A01-9707-CV-00154
Trial Court Judge: Robert L. Childers

The Estate of John L. Harper, Deceased
03A01-9806-CH-00202

Victor Austin vs. Shelby Co. Govt.
02A01-9805-CH-00145
Trial Court Judge: C. Neal Small

John Ball vs. Missy Ball
02A01-9709-GS-00239
Trial Court Judge: Max Seaton

Antonio Sweatt vs. Donal Campbell
02A01-9808-CV-00227
Trial Court Judge: R. Lee Moore Jr.