COURT OF APPEALS OPINIONS

Haren Construction v. Metro Nashville and Davidson County
M2002-01135-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a contract between the Appellant Haren Construction Company, Inc. (HCCI) and the Appellee Metropolitan Government (Metro). The construction company brought suit claiming Metro breached its contract with HCCI in "constructive suspension" of work. In addition the construction company claimed that Metro interfered with the company's contract for equipment supply from a third party. The trial court granted Metro's two motions for summary judgment, the first concerning Metro's alleged liability under the Governmental Tort Liability Act, the second concerning the action for breach of contract. HCCI appeals the grant of summary judgment. We affirm.

Miller vs. Willbanks
03A01-9709-CV-00411
Trial Court Judge: John K. Wilson

Rubin vs. Rubin
03A01-9711-CV-00502

Suntrust Bank vs. Johnson
M1997-00202-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ernest B. Pellegrin
This appeal involves a dispute between a commercial bank and the Tennessee Department of Revenue regarding the bank's claim for a refund of the sales taxes paid in connection with defaulted retail installment sales contracts purchased from various automobile dealers. After the Department denied its refund claim, the bank sued the Commissioner of Revenue in the Chancery Court for Davidson County seeking a refund. Both parties eventually sought a summary judgment. The trial court granted the Commissioner's motion for summary judgment after concluding that it did not have jurisdiction to consider the bank's claim. Alternatively, the trial court held that the bank was not entitled to the requested refund because it was not the dealer who originally remitted the sales tax to the Department. We have determined that the trial court erred by determining that it lacked jurisdiction to consider the bank's refund claim. However, we have also determined that the trial court correctly concluded that the bank was not entitled to the requested refund because it was not the dealer who remitted the sales tax at issue.

Davis v. Erwin
03A01-9707-CV-00247

Lawson vs. Lawson
03A01-9709-CH-00406

Crittenden vs. Crittenden
03A01-9709-CH-00407

Perkins vs. Kirby
03A01-9709-CH-00429

Shahrdar vs. Global Housing, Inc.
01A01-9710-CV-00553
Trial Court Judge: Marietta M. Shipley

Simmons vs. Russell, et. al.
01A01-9709-CV-00467
Trial Court Judge: James E. Walton

Dept. of Children's Svcs. vs. Mangrum
01A01-9709-JV-00530
Trial Court Judge: Andrew J. Shookhoff

Forbes vs. Wilson Co. Emergency
01A01-9602-CH-00089
Trial Court Judge: C. K. Smith

Wakefield vs. Crawley
03A01-9707-CH-00290

Helm vs. Hayes
03A01-9710-PB-00497

Oates vs. Glenstone
03A01-9712-CV-00545

Dempsey vs. International
03A01-9709-CV-00436

Bettye/Louis Schopfer vs. Kroger
02A01-9707-CV-00138
Trial Court Judge: Karen R. Williams

Randall Fleming vs. Jacqueline Yi
02A01-9706-CV-00129
Trial Court Judge: Whit A. Lafon

Don/Phil Gordon vs. Georgetown Univ
02A01-9709-CH-00218
Trial Court Judge: William Michael Maloan

Edwin B. Raskin Co. vs. Johnson
01A01-9708-CH-00392
Trial Court Judge: Ellen Hobbs Lyle

In re: Brittany Swanson, a minor
02A01-9709-CV-00233
Trial Court Judge: Joseph H. Walker, III

Mary Fuller vs. Eligo Fuller
02A01-9708-CH-00175
Trial Court Judge: Joe C. Morris

Tanaka vs. Meares
03A01-9710-CV-00463
Trial Court Judge: Dick Jerman, Jr.

Judy Plunk, who sues as Administratrix of the Estate of Jerry L. Plunk v. Illinois Railroad a Corporation - Concurring
02A01-9707-CV-00167
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge John R. Mccarroll, Jr.

Judy Plunk (“plaintiff”) as administratrix of her husband’s estate, filed  suit in the Circuit Court of Shelby County pursuant to the Federal Employer’s Liability Act, (FELA) against the Illinois Central Railroad (“defendant” or “railroad”) seeking damages stemming from the death of her husband, Jerry Plunk (“decedent”), who was the engineer of a train owned and operated by defendant that was involved in a head-on collision with another train. The case was tried by a jury. At the  conclusion of plaintiff’s proof and again at the conclusion of all the proof, defendant made a motion for a directed verdict which was overruled each time by the trial court. The case was submitted to the  jury, who found plaintiff’s decedent 70% negligent and defendant 30% negligent in causing the collision, and awarded plaintiff $285,000.00 as damages. On appeal defendant has raised five issues for our consideration: whether the trial court erred in (1) failing to grant  defendant’s motion for directed verdict on the ground that decedent was the sole cause of the accident; (2) admitting into evidence testimony of plaintiff’s expert, Dennis Runcie; (3) allowing other railroad employees to testify as “experts” regarding “good railroad practice”; (4) admitting into evidence testimony of plaintiff’s economist expert, Fred Johnson;  and (5) failing to order plaintiff’s counsel to dismiss with prejudice  allegations of defendant’s vicarious liability in two collateral cases pending in Mississippi and to cease representation of certain plaintiffs in the Mississippi litigation. For the reasons hereinafter stated, we reverse in part and remand this case to the trial court for a new trial in keeping with the provisions of this opinion.

Betty J. Collins, v. David Collins
03A01-9708-CH-00326
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Thomas R. Frierson, II

Plaintiffs Betty J. Collins, Panther Park Missionary Baptist Church, and six Church trustees appeal the trial court’s final judgment which established the boundary line between the parties’ respective properties. We affirm the trial court’s judgment based on our conclusion that the evidence does not preponderate against the trial court’s finding that an existing fence row represents the boundary line between the properties.