COURT OF APPEALS OPINIONS

Charles Haynes vs. Robert Conley
02A01-9803-CH-00066
Trial Court Judge: Joseph H. Walker, III

Lauderdale Court of Appeals

Gleaves vs. Checker Cab Transit & Mosley
01A01-9710-CV-00577
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

Donegan vs. Donegan
01A01-9709-CH-00469
Trial Court Judge: James L. Weatherford

Dickson Court of Appeals

Keown vs. Fiddler's Inn, d/b/a: Fiddler's Inn North
01A01-9712-CV-00730
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

Scott Grahm Hartman, Kay Hartman, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, State of Tennessee, et. al .
01A01-9804-BC-00196
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Commission W.R. Baker

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Davidson Court of Appeals

Scott Graham Hartman, Kay Hartment, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, and The State of Tennessee
01A01-9804-BC-00196
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Commissioner W. R. Baker

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Court of Appeals

Brown vs. McMullin, et. al.
01A01-9710-CH-00561
Trial Court Judge: James L. Weatherford

Lawrence Court of Appeals

Margaret Haas vs. Michael Haas
02A01-9709-CV-00241
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

Dorothy Ahern vs. Robert Ahern
02A01-9708-CV-00190
Trial Court Judge: D'Army Bailey

Shelby Court of Appeals

Adolph C. Lavin and Jean Lavin, surviving parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estate of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon
01A01-9709-CV-00455
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Davidson Court of Appeals

Adolph C. Lavin and Jean Lavin, Surviving Parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estated of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon
01A01-9709-CV-00455
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara Haynes

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Davidson Court of Appeals

James Harrison Jenkins v. Annette Carol Jenkins
01A01-9803-CV-00134
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Bobby H. Capers

In this case James Harrison Jenkins appeals the action of the trial court in dismissing his petition to modify a final decree of divorce.

Macon Court of Appeals

Jennifer O. Wilson (Oakley), v. Larry Arnold Wilson
01A01-9707-CV-00325
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

In a documentary on how to complicate a simple divorce, this case would serve as a highlight film. After the trial court finally entered a final judgment, the parties on appeal argue about the trial judge’s refusal to recuse herself, a pre-nuptial agreement, the division of marital property, the award of attorney’s fees, and certain injunctions involving the custody and visitation with the parties’ minor child. We modify the judgment to give Dr. Oakley a $2,000 credit for her separate property awarded to Mr. Wilson and to make the judgment for attorney’s fees run to Mr. Wilson instead of his lawyer. In all other respects we affirm the judgment below.

Davidson Court of Appeals

Edith Stromatt, v. The Metropolitan Employee Benefit Board of the Metropolitan Government of Nashville and Davidson County, Tennessee
01A01-9707-CH-00354
Authoring Judge: Special Judge Walter W. Bussart
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The appellant in this action is Edith Stromatt, a former employee of the Metropolitan Government of Nashville, Tennessee. When Ms. Stromatt sought disability with the Metropolitan Employee Benefit Board ("the Benefit Board"), she was granted a medical disability pension; however, she was denied the inline- of-duty pension (IOD) that she desired. Ms. Stromatt brought suit in chancery court claiming that the Benefit Board erred in its failure to grant her an IOD pension. She also claims that the Benefit Board denied her the constitutional right to be heard prior to its decision. The trial court agreed with the conclusions of the Benefit Board and dismissed Ms. Stromatt's appeal.

Davidson Court of Appeals

Williamson County Broadcasting Company, Inc., and William B. Ornes, v. Intermedia Partners, et al.
01A01-9709-CH-00480
Authoring Judge: Presiding Judge Henry F. Todd

The appellants and appellees have both filed a Petition to Rehear, which we have considered and found to be without merit. It is, therefore, ordered that the petitions be denied.

Williamson Court of Appeals

Fred E. Dean v. Donal Campbell, et al.
01A01-9711-CH-00672
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This case comes to us on appeal from an order dismissing Appellant Dean’s complaint against Appellees, filed apparently under the auspices of 42 U.S.C. § 1983 et seq., alleging violation of civil rights under the color of state authority. The trial court dismissed Mr. Dean’s complaint for failure to specify the capacity of the defendants being sued. For the reasons and under the authorities recited below, we affirm the trial court’s dismissal of Mr. Dean’s claim with prejudice.

Davidson Court of Appeals

State of Tennessee v. Marlon Madison -Concurring
01-A-01-9711-CV-00676
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John J. Maddux

The Juvenile Court of Pickett County found a juvenile to be delinquent for selling marijuana to a classmate. He appealed to the Circuit Court, which likewise found him to be delinquent, and placed him on probation with the Department of Childrens’ Services. We reverse the Circuit Court.

Pickett Court of Appeals

Harden vs. Danek
03A01-9801-CV-00020

Court of Appeals

Longworth vs. Nunez
03A01-9709-CV-00388

Court of Appeals

Norris vs. Pruitte
01A01-9709-CV-00506

Montgomery Court of Appeals

Waldron vs. Delffs
01A01-9712-CH-00740
Trial Court Judge: Tyrus H. Cobb

Bedford Court of Appeals

Doe vs. Sundquist
01A01-9705-CV-00209
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

01A01-9706-CV00255
01A01-9706-CV00255
Trial Court Judge: William B. Cain

Maury Court of Appeals

John Anderson Kinard vs. Linda Kinard
01A01-9606-CH-00265

Court of Appeals

American Material Technologies, LLC., vs. City of Chattanooga & Cattanooga City Council & Adams Lithographing Co., et al
E1999-00806-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III

Hamilton Court of Appeals