Mitchell Hall v. Cracker Barrel Old Country Store
E2000-00470-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: W. Frank Brown, III, Chancellor
The plaintiff brought this workers' compensation claim in which he alleges a drawer fell on his foot while he was working for the defendant. The trial judge found the plaintiff failed to show an injury by accident arising in the scope and course of his employment and dismissed the case. We affirm the judgment of the trial court.

Rickey Cotten v. Board of Paroles
M2001-00875-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
Petitioner was arrested in Florida for grand theft auto while on parole under a sentence in Tennessee. After beginning his sentence on the Florida conviction in a Florida prison, the Petitioner filed a "request for leave to waive revocation hearing, admission to violation of parole and request to have parole hearing in absentia and affidavit" with the Board of Paroles of Tennessee. The Board did not respond, so Petitioner filed a writ of mandamus with the Circuit Court for Davidson County to compel the Board to render a decision regarding his parole revocation. The trial court denied the writ and dismissed the petition because mandamus was not the appropriate remedy and the Petitioner was not in custody of the State of Tennessee for the purposes of parole revocation. We agree and affirm the decision of the trial court.

Bertha Smith vs. Harley Smith
M1998-00937-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits affected the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former husband reduced his payments to the former wife, who filed a contempt petition, seeking to reinstate the previously ordered amounts. The trial court considered the intent embodied in the divorce decree, and determined that the former wife should continue to receive the amount she received at the time of the divorce, despite the fact that the former husband no longer received "retirement pay." In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we affirm.

Johnny & Mary Jo Harper, et al vs. Melvin Sloan, et al
M2000-01104-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: William H. Inman
This appeal involves the determination of whether the trial court erred in determining that a pathway known as Jaybird Lane was a public road. Additionally, the trial court found that the road had not been abandoned and thus granted summary judgment to the Defendants. For the following reasons, we affirm the ruling of the court below in all respects.

Janice Sadler, d/b/a Xanadu Video vs. State
M2000-01103-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
The owner of a business filed a claim in the Tennessee Claims Commission for the loss of the business caused by a construction project that temporarily hindered ingress and egress to the claimant's location. The Claims Commissioner awarded the claimant the value of her business after finding that the State had negligently prolonged the construction project and had created a temporary nuisance. We reverse.

Tony Willis v. Dept of Correction
M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle

Tony Willis v. Dept of Correction
M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle

State of Tennessee v. Joseph Vella
E2000-01149-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Mary Beth Leibowitz

The Defendant, Joseph Vella, appeals as of right from his criminal trespass conviction. He asserts that the evidence presented at trial was insufficient to support his conviction. We disagree; accordingly, we affirm the judgment of the trial court.

Angela Mccoin v. Lumbermens M Utual Casualty
M2000-00813-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: James E. Walton, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer appeals the trial court award of thirty-five percent disability to the arm, and the award of temporary total disability and temporary partial disability benefits after the employee had returned to work for another employer. We affirm.

Egyptian Lacquers Manufacturing Company, et al. v. Megan Lee Rainey, et al.
M2000-00658-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Russell Heldman, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found the deceased worker had two dependent children entitled to receive workers' compensation death benefits. The issue is whether the presumption of dependency was rebutted for the older child. We affirm the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed. HOWELL N. PEOPLES, SP. J., in which ADOLPHO A. BIRCH, JR., J. and JOE C. LOSER, JR., SP.J., joined. Jay R. Slobey, Nashville, Tennessee, for the Appellant Tiffany Shatrell Rainey, Minor, by Next Friend and Natural Mother, Cynthia Diane Humphreys Murphy. Phillip R. Newman, Franklin, Tennessee, for the Appellee Megan Lee Rainey. Gerald C. Wigger, Nashville, Tennessee, for the Appellee Egyptian Lacquer Manufacturing Company and Reliance Insurance Company. 1 MEMORANDUM OPINION 1. Johnny Vincent Rainey (Mr. Rainey) was employed by Egyptian Lacquers Manufacturing Company (Egyptian Lacquers) on June 23, 1999. On that date, Mr. Rainey suffered a work-related accident. Mr. Rainey, due to injuries from the accident, died on July 4, 1999. Mr. Rainey was survived by two minor children, Megan Lee Rainey (Megan) and Tiffany Shatrell Rainey (Tiffany). The eldest, Megan, was born on November 11, 1981 to Mr. Rainey and his then wife, Pamela Kay Deal (Ms. Deal). The youngest, Tiffany, was born out-of-wedlock to Mr. Rainey and Cynthia Diane Humphreys Murphy (Ms. Murphy) on September 8, 1988. In 1985, Mr. Rainey and Ms. Deal were divorced. As part of the divorce decree, Mr. Rainey was ordered to pay $55 per week in child support to Ms. Deal on behalf of Megan. This obligation was not changed or altered at any time prior to Mr. Rainey's death. After the divorce, Mr. Rainey quickly and permanently fell behind in his child support payments. However, Megan spent most weekends with Mr. Rainey's mother, Ms. Bettie Jewell (Ms. Jewell). Ms. Jewell also provided financial support to Megan in the form of purchasing school supplies, clothing, and other items. Apparently, an informal agreement was reached between Ms. Deal, Mr. Rainey, and Ms. Jewel that Ms. Jewell's support and care stood in place of Mr. Rainey's child support payments. Mr. Rainey frequently saw Megan on the weekends she was with Ms. Jewell. At these visits, Mr. Rainey gave Megan money, usually $2.-$3., though sometimes more for special occasions, such as an impending vacation. Ms. Deal was aware of Tiffany and was under the belief that Tiffany and her mother, Ms. Murphy, would be unable to survive without the financial support of Mr. Rainey. This was a factor in Ms. Deal's decision to not actively pursue the back due child support from Mr. Rainey. Mr. Rainey provided health insurance for both Megan and Tiffany through the group insurance plan offered by his employer, Egyptian Lacquers. Also, Mr. Rainey had one or more life insurance policies listing Megan and Tiffany as beneficiaries. Egyptian Lacquers filed this action to determine who should receive the death benefit under the Tennessee Workers' Compensation Act. Egyptian Lacquers and its insurer have since paid the monies currently due into the Williamson County Clerk's Office and expressed a willingness to pay whatever benefits are awarded as a result of this litigation. This litigation centers on a dispute between Megan, who turned 18 and became a high school senior during the action below, and Ms. Murphy, as next friend and natural mother of Tiffany. The trial court found that both Megan and Tiffany were both "actual dependents" pursuant to Tenn. Code Ann. _5-6-21. Accordingly, the trial court ordered that Megan and Tiffany were each to receive one-half of the death benefits owed under Tenn. Code Ann. _5-6-21, so long as each qualifies for said benefits under that statute. 2

State of Tennessee v. Prentiss Phillips
W2000-00245-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant was convicted by a Shelby County jury of first degree murder and especially aggravated kidnapping. He was sentenced by the jury to life without the possibility of parole for the murder conviction. He also received a sentence of twenty-five years for the especially aggravated kidnapping conviction, to be served consecutively to his life sentence. The events of this case arose out of a confrontation between rival gangs living in the Hurt Village Apartments in Memphis. The defendant, a high-ranking member of the Gangster Disciples, was prosecuted for the crimes on a theory of criminal responsibility. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support his convictions. After a thorough review of the extensive record in this case, we conclude that the evidence is sufficient to show that the defendant, acting with the intent to promote the commission of the charged offenses, directed and aided other members of the Gangster Disciples in the commission of the offenses. His convictions for first degree murder and especially aggravated kidnapping are, therefore, affirmed.

State of Tennessee v. Srirasack Srisavath
M2000-02159-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Timothy L. Easter

The defendant, Srirasack Srisavath, was convicted of possession of marijuana with intent to sell. The trial court imposed a sentence of one and one-half years and assessed a fine of $2,000.00. In this appeal of right, the defendant challenges the propriety for the investigatory stop which led to the discovery of the marijuana. Because the stop was not adequately supported by articulable facts, the trial court erred by overruling the motion to suppress evidence. The judgment is, therefore, reversed and the cause dismissed.

State of Tennessee v. Brad Stephen Luckett
M2000-00528-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Steve Daniel

The Defendant was convicted by a jury of driving under the influence of an intoxicant, second offense. In this direct appeal, the Defendant contends that the trial court erred by admitting the results of his breath-alcohol test. The Defendant argues that the State failed to prove that he was continuously observed for twenty minutes prior to taking the test, and that one of the requirements for the admissibility of the test results was therefore not satisfied. We affirm the judgment of the trial court.

Pamela Lynn Lewis v. Andrew Robert Frances
M1998-00946-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Henry Denmark Bell

In this divorce case, Husband appeals from the trial court's decisions classifying, valuing, and dividing the parties' property incident to their divorce and asserts that he is entitled to an award much greater than the $250,000 granted to him by the trial court. Wife also appeals the trial court's classification and distribution of property, asserting that Husband was not entitled to any portion of her separate property and that there was no marital property. An additional issue was raised by a post-judgment ruling by a successor trial judge setting aside the order of the prior judge declaring the parties divorced. We affirm the divorce and reverse the award to Husband.

Wade Cummins, et al., v. Opryland Productions
M1998-00934-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case involves the alleged breach of an oral contract and a claim of negligent misrepresentation. Defendant's agent contacted the plaintiffs, an Elvis impersonator, the members of his band, and members of the Jordanaires to book them for a performance nine months hence. Plaintiffs reserved the time, but no written agreement was ever executed. Weeks before the performance, Defendant informed Plaintiffs that their services would not be required. Plaintiffs sued alleging breach of an oral contract and negligent misrepresentation and now appeal the trial court's decision to grant summary judgment to Defendant on both issues. We affirm in part and reverse in part.

Angela Collins v. Timothy Pharris
M1999-00588-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Durwood Moore

The petitioner appeals the general sessions court's denial of an order of protection and questions the proper avenue to appeal a general sessions court's ruling on an order of protection. We hold that, because the general sessions court has concurrent jurisdiction with the circuit and chancery courts to hear petitions for orders of protection, this court is the proper one to hear an appeal of the grant or denial of such an order. Because we find that the evidence does not preponderate against the trial court's denial of the order in this case, we affirm the trial court.

Anthony Gale Wix v. Cathy Marie Wix
M2000-00230-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Russ Heldman

This appeal involves the dissolution of an eighteen-year marriage by the Chancery Court for Lewis County. The trial court awarded the wife the divorce after concluding that the husband's continuing extramarital affair amounted to inappropriate marital conduct. To protect the "moral integrity of the marital relationship," the trial court granted the wife sole custody of the parties' two minor children and declined to grant the husband any visitation rights. In addition, the trial court ordered the husband to pay more than the minimum child support required by the child support guidelines because he was willfully underemployed and because he would not be exercising standard visitation with the children. The husband asserts on this appeal that the trial court's decisions with regard to custody and visitation, child support, and the division of the marital estate lack evidentiary support. We have determined that the trial court's disapproval of the husband's extramarital affair inappropriately colored its decisions regarding visitation and child support. Accordingly, we affirm the manner in which the trial court divided the parties' marital estate and reverse the trial court's visitation and child support awards.

Second Chance Farms, Inc. v. Perry County, Tennessee
M2000-00513-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Russell Heldman

This case is before this Court on appeal from the Chancery Court for Perry County wherein cross-motions for summary judgment were filed. The Defendant's motion for summary judgment was granted. The trial court concluded that there were no genuine issues of material fact such that Defendant was entitled to summary judgment as a matter of law on its counter-claim against Plaintiff finding that Daniel's Landing Road is a public road. The standard of review is clear, we review the decision of the trial court de novo with no presumption of correctness on appeal. The issue on appeal is whether Daniel's Landing Road is a public road and, if so, whether it remains a public road absent abandonment or closing pursuant to Tennessee Code Annotated Sections 54-10-201, et seq. We conclude that Daniel's Landing Road is a public road and affirm the trial court.

Sandra Mitchell v. Marc J. Kayem, M.D., et al.
M2000-01629-COA-R9-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert L. Holloway, Jr.

Patient with a history of papillary carcinoma underwent a fine needle aspiration which confirmed a diagnosis of cancer in her neck region. Patient underwent surgery to remove the cancerous tissue which resulted in hypoparathyroidism and injury to her recurrent laryngeal nerve, risks commonly associated with the procedure. Patient brought informed consent action against doctor, claiming that, had the inherent risks of the procedure been disclosed to her, she would have sought a second opinion and had the procedure performed at a different facility by a different surgeon. The doctor moved for summary judgment, which the trial court denied. Finding there are no material, disputed facts remaining, we reverse and remand.

State of Tennessee v. Richard Hale Austin
W1999-00281-CCA-R3-DD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge C. Creed McGinley

In 1977, Richard Hale Austin was found guilty by a Shelby County jury of accessory before the fact to the first degree murder of Julian Watkins. Austin's conviction stemmed from his role in commissioning the murder of Watkins, a reserve deputy sheriff. The jury subsequently found the presence of aggravating factor (i)(4), murder for remuneration, and imposed a sentence of death. In 1997, Austin was granted habeas corpus relief in the form of a new sentencing hearing by the Sixth Circuit Court of Appeals. At the re-sentencing hearing, twenty-two years after his original trial, a jury again found the presence of the (i)(4) aggravating factor and again imposed a sentence of death. It is from this sentencing decision that Austin appeals. In this appeal, Austin presents numerous issues for our review, including (1) the disqualification of the Tennessee Supreme Court; (2) challenges to the selection of various jurors; (3) the admission and exclusion of evidence; (4) the introduction of victim impact evidence; (5) prosecutorial misconduct during closing argument; (6) the propriety of the jury instructions; (7) whether application of the (i)(4) aggravator violates State v. Middlebrooks; (8) prejudice due to the delay in imposing a sentence of death; (9) the constitutionality of Tennessee's death penalty statutes; and (10) whether the jury imposed a proportionate sentence. After a careful review of the record, we affirm the imposition of the sentence of death.

State of Tennessee v. David Lunsford
E2000-01572-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Carroll L. Ross

The Defendant, David Lunsford, was convicted by a jury of aggravated burglary. In this appeal as of right, he asserts that the evidence was insufficient to support his conviction. We respectfully disagree; thus, we affirm the judgment of the trial court.

Raymond Hardie Cox v. State of Tennessee
M1999-00447-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Buddy D. Perry

The Defendant, Raymond Hardie Cox, appeals as of right from the dismissal of his post-conviction petition. He asserts that the trial court erred by dismissing his petition as barred by the statute of limitations. We find no error; thus, we affirm the trial court's dismissal of the petition.

State of Tennessee v. Richard E. McCullough
M2000-01154-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Lee Russell

Defendant pled guilty to one count of violating the Habitual Motor Vehicle Offender Act and one count of driving under the influence, eighth offense, both Class E felonies. He was sentenced to consecutive terms of one year and six months for each offense. In this appeal, defendant challenges the trial court's denial of alternative sentencing. Upon our review of the record, we affirm the judgment of the trial court.

Tennessee Farmers Mutual Insurance Company, v. Nicholas Reaves Ramsey
M2000-01162-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Robert E. Corlew, III

This case seeks declaratory judgment as to whether or not the defendant, Nicholas Reaves Ramsey, was a "covered person" within the omnibus clause of an automobile liability insurance policy. In a non-jury trial the trial judge held that Defendant was not covered under the omnibus clause. We affirm.

Freddie Dean Smith, et al., v. Tony O. Haley, M.D.
01203-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor G. Richard Johnson

Freddie Dean Smith and Anita Ann Smith (“Plaintiffs”) filed a medical malpractice action against
Tony O. Haley, M.D. (“Defendant”). Defendant moved for summary judgment with his affidavit
filed in support thereof. The motion was granted after Plaintiffs failed to file timely any competent
medical proof to defeat the motion. Plaintiffs filed a Motion to Reconsider along with the affidavit
of Joseph Bussey, M.D. The Trial Court granted the motion and reinstated the case to the active
docket. Dr. Bussey later refused to give his deposition because he was not comfortable giving a
deposition after reviewing the medical records and because he did not believe the case was going to “go this far” when he provided the affidavit. Defendant moved to strike the affidavit of Dr. Bussey and requested the Trial Court to reinstate its previous dismissal. The Trial Court granted
Defendant’s motion. Seeking additional time to locate another medical expert, Plaintiffs then filed a motion to alter or amend the judgment pursuant to Rule 59.04, Tenn. R. Civ. P., and for relief from the judgment pursuant to Rules 60.02(1) and 60.02(5), Tenn. R. Civ. P. The Trial Court denied this motion, and Plaintiffs appeal this denial. We affirm. Tenn. R. App. P. 3 Appeal As Of Right;
Judgment of the Law Court Affirmed; and Case Remanded.