Potter South East, LLC Et Al. v. Brian Bowling v. Abigail Hudgens, Director Of The Division Of Workers' Compensation, Tennessee Department Of Labor And Workforce Development, Second Injury Fund
Brian Bowling (“Employee”) was employed as a laborer for Potter South East (“Employer”). During his employment with Employer, he was constantly exposed to loud noise from jackhammers, sledgehammers, power drivers and heavy equipment. Employee initially developed hearing loss in 2010 or 2011. Employer filed a motion for summary judgment raising the one-year statute of limitations. The motion was supported by the evaluating physician’s C-32 report. The trial court granted Employer’s motion and entered an order dismissing Employee’s claim. Employee has appealed from that order. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court. |
Knox | Court of Appeals | |
State of Tennessee v. Anthony Tremayne Cartwright
A Davidson County Criminal Court Jury convicted the Appellant, Anthony Tremayne, Cartwright, of aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor, and the trial court sentenced him to consecutive sentences of fourteen years and eleven months, twenty-nine days, respectively. On appeal, the Appellant contends that the evidence is insufficient to support his convictions because the victim’s testimony was unreliable and actually shows he was acting in self-defense. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
In Re Jayden E.
The Notice of Appeal filed by the appellant, Regina E., stated that the appellant was appealing the judgment entered on October 4, 2019 and the order of adjudication entered on April 24, 2017. As neither of these orders constitutes a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Roane | Court of Appeals | |
Emerachem Power, LLC, ET AL. v. David Gerregano
This appeal was filed by the plaintiffs pursuant to the provisions of Tennessee Code Annotated section 67-1-1801 to challenge assessments rendered against them by the Commissioner of Revenue for the State of Tennessee. The dispute involves the plaintiffs’ challenge to Tennessee’s assessments of excise tax for the period 2010 through 2012. After cross motions for summary judgment were filed, the trial court found in favor of the Commissioner. The plaintiffs appeal. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Jonathan Montgomery
The Defendant-Appellant, Jonathan Montgomery, was convicted by a Rutherford County jury of initiating a false report in violation of Tennessee Code Annotated section 39-16-502, a Class D felony. As a Range I standard offender, the Defendant received a sentence of three years imprisonment to be served at thirty (30) percent release eligibility. In this appeal as of right, the sole issues presented for our review are (1) whether the evidence is sufficient to sustain the Defendant’s conviction, and (2) whether the trial court abused its discretion in denying the Defendant’s request for an alternative sentence. Following our review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
James Jaylen Simmons v. State of Tennessee
The Petitioner, James Jaylen Simmons, pleaded guilty to second degree murder with an agreed sentence of forty years. The Petitioner timely filed a post-conviction petition, alleging that his attorney was ineffective, rendering his guilty plea unknowing and involuntary. After a hearing, the post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
Charles Blackstock v. State of Tennessee
The pro se Petitioner, Charles Blackstock, appeals as of right from the Hamilton County Criminal Court’s order summarily denying his petition for a writ of error coram nobis or, alternatively, petition for a writ of habeas corpus. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Araceli Cordova Ex Rel. Alfredo C. et al. v. Nashville Ready Mix, Inc. et al.
This wrongful-death action arises out of the death of a Lemay Concrete employee who was struck and killed by a third party’s cement-mixer truck while acting in the course and scope of his employment. The issues in this appeal are post-settlement disputes concerning an attorney’s fee lien filed by the plaintiffs’ first attorney, a subrogation lien filed by the employer’s workers’ compensation carrier, and the assessment of postsettlement discretionary costs against the carrier. The employee’s family instituted this action after agreeing to pay their first attorney 33% of the gross recovery or “a reasonable attorney’s fee” if they discharged him before recovering. While the action was pending, the insurance carrier paid workers’ compensation benefits to the family and, after declining a settlement offer of $400,000, the plaintiffs discharged their attorney. The plaintiffs then retained substitute counsel. Months later, the wrongful-death claim was settled for $1,350,000. The plaintiffs then sought to void their first attorney’s fee agreement and requested the trial court deduct a portion of their substitute counsel’s fees from the carrier’s subrogation lien. The trial court referred all issues to a special master. The special master found the fee agreement was valid and recommended a fee of $133,333—or 33% of $400,000, the amount of the last “firm offer” secured during the first attorney’s representation. The special master’s report contained no findings and identified no factors relied upon in determining that $133,333 was a “reasonable fee,” other than finding the amount would be one-third of the last “firm offer” obtained by the first attorney. The special master also found the carrier’s own counsel protected its subrogation lien and, thus, recommended that the carrier not be liable for any portion of the plaintiffs’ attorneys’ fees. The trial court adopted verbatim the special master’s findings and recommendations. Additionally, the court assessed post-settlement discretionary costs against the carrier in lieu of a deduction for plaintiffs’ attorneys’ fees. This appeal followed. We have determined that the fee awarded to the plaintiffs’ first attorney was not based on the relevant legal principles or applicable facts because the trial court’s ruling was based entirely on the special master’s recommendation—which addressed only one of the guidelines in Tennessee Rule of Professional Conduct 1.5(a) for determining what a reasonable fee is. Therefore, we vacate the fee awarded to the plaintiffs’ first attorney and remand this issue to the trial court to award “a reasonable fee” that is based on the relevant facts and factors. We also reverse the trial court’s ruling that the workers’ compensation carrier was not liable for any portion of the plaintiffs’ attorneys’ fees and remand this issue for apportionment of the fees incurred by the plaintiffs’ attorneys. Accordingly, we also reverse the assessment of discretionary costs against the workers’ compensation carrier and remand this issue for reconsideration. |
Cheatham | Court of Appeals | |
Shawn Gray, Individually, and as Administrator of the Estate of Angela G. Gray, deceased v. Jeremy G. Baird et al.
This is an appeal of the trial court’s decision to summarily dismiss a claim of vicarious liability against the owner of the vehicle that was involved in a fatal vehicular accident. The driver of the vehicle was the son and employee of the vehicle owner, and it is alleged that the driver was acting in the course and scope of his employment with the vehicle owner at the time of the collision. The owner of the vehicle filed for summary judgment, and the trial court found the affidavits and deposition testimony of the owner and his son refuted the prima facie evidence of vicarious liability created by Tenn. Code. Ann. §§ 50-10-311 and -312 that the son was acting in the course and scope of his employment at the time of the collision. The plaintiff appeals contending that summary judgment was not proper because the owner and his son were interested witnesses and their credibility was at issue. We agree. It is undisputed that the son’s employment necessitated his travel on the road where the collision occurred, and whether the son had deviated from the defendant’s business prior to the collision is a material fact that is in dispute. For this reason, we reverse the trial court’s grant of summary judgment and remand for further proceedings. |
Rutherford | Court of Appeals | |
Jermaine Davis v. State of Tennessee
Petitioner, Jermaine Davis, claims that he received ineffective assistance of counsel. Following a hearing, the post-conviction court denied his petition for post-conviction relief, finding that Petitioner failed to prove deficient performance and prejudice. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
JUSTIN RICE v. BELMONT UNIVERSITY
A private university dismissed a graduate student for poor academic performance. The student sued the university for breach of contract, claiming the university failed to follow its own procedures in considering his grade appeal and other post-dismissal requests. The university moved to dismiss for failure to state a claim upon which relief can be granted, and the trial court dismissed the complaint with prejudice. Because the complaint adequately alleges a claim for breach of contract, we reverse. |
Davidson | Court of Appeals | |
David Dykes v. Victor Okorie et al.
Pro se appellants appeal from the trial court’s judgment in favor of their former landlord. We affirm the trial court. |
Rutherford | Court of Appeals | |
State of Tennessee v. Daniel T. Ginther
The Defendant, Daniel L. Ginther, appeals as of right from the Williamson County Circuit Court’s revocation of his probation and reinstatement of the remainder of his eight-year sentence for passing worthless checks in the amount of $1,000 or more but less than $10,000. On appeal, the Defendant asserts that the trial court abused its discretion by ordering the Defendant to serve the remainder of his sentence in confinement in spite of the Defendant’s “serious medical issues.” Following our review, we affirm. |
Williamson | Court of Criminal Appeals | |
Rodolfo Guerra-Rosales v. State of Tennessee
The Petitioner, Rodolfo Guerra-Rosales, pleaded guilty in General Sessions Court to misdemeanor drug possession, and the court imposed a probation sentence of eleven months and twenty-nine days. The Petitioner timely filed a post-conviction petition in circuit court, alleging that his guilty plea in general sessions court was involuntary based upon the ineffective assistance of counsel. The post-conviction court summarily dismissed the petition, concluding that the claim was not cognizable and that the court lacked jurisdiction to hear the petition. On appeal, the Petitioner asserts, and the State concedes, that the post-conviction court had jurisdiction to consider the petition and that his petition stated a colorable claim. After review, we reverse the post-conviction court’s dismissal and remand for an evidentiary hearing on the Petitioner’s claim. |
Rutherford | Court of Criminal Appeals | |
Deaudric Halmon v. Lane College
This case concerns alleged hazing against a student perpetrated by a college fraternity. When suit was brought by the hazed student against the college, the college sought summary judgment regarding the claims asserted against it. Summary judgment was thereafter granted to the college, and the student appealed to this Court. For the reasons that follow, we reverse in part and affirm in part. |
Madison | Court of Appeals | |
Cynthia Anne Knop v. Aaron Charles Knop
This appeal concerns a post-divorce motion to show cause filed by wife against husband for unpaid child support, extracurricular expenses and medical expenses for the children and a failure to divide certain financial accounts of the parties. Additionally, husband sought credit for premiums he had paid post-divorce toward a life insurance policy awarded to wife as part of the division of marital property. Given the nature of the relief being sought, the parties entered into an agreed order referring the matter to a special master. A hearing was held before the special master who subsequently filed his findings and recommendations with the trial court. Husband filed objections in the trial court to the special master’s findings. Following a hearing on husband’s objections, the trial court approved the special master’s findings and recommendations in their entirety and adopted them as the judgment of the court. The husband appeals. We affirm. |
Greene | Court of Appeals | |
Linda Sue Brown (Hassler) v. Ridley David Hassler
This appeal concerns the responsibilities of the parties, pursuant to the terms of their marital dissolution agreement, following their divorce. Appellant’s ex-wife filed a petition for contempt, contending that Appellant had failed to refinance a debt allegedly owed on a condominium he was awarded in the divorce. Although the trial court did not find Appellant to be in contempt, it did order Appellant to refinance the loan in question and remove his ex-wife’s name from it. We reverse. |
Cumberland | Court of Appeals | |
State of Tennessee v. Calvin Cole
The Defendant, Calvin Cole, appeals the denial of his Rule 36.1 motion to correct an illegal sentence. Following our review, we affirm the judgment of the trial court summarily denying the petition. |
Crockett | Court of Criminal Appeals | |
Jonquarius Cunningham v. State of Tennessee
Petitioner, Jonquarius Cunningham, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief. In 2015, Petitioner was convicted of one count of attempted second degree murder, one count of reckless endangerment, two counts of employing a firearm during the attempt to commit a dangerous felony, and two counts of aggravated assault, for which he received an effective sentence of twenty-three years’ incarceration. This court affirmed the judgments of conviction on direct appeal. State v. Jonquarius Cunningham, No. W2016-00065-CCA-R3-CD, 2017 WL 3616667, at *1 (Tenn. Crim. App. Aug. 23, 2017), no perm. app. filed. Thereafter, Petitioner instituted a collateral proceeding seeking post-conviction relief. Following a hearing, the post-conviction court denied relief. On appeal, Petitioner contends that he was denied the effective assistance of counsel based on trial counsel’s failure to introduce at trial the deposition transcript of one of the victims. He further contends that his judgment of conviction in count five is void based on inconsistent verdicts. Following a thorough review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Richard Egan v. Rachael Marie Bailey Egan
In this appeal from a final decree of divorce, the husband contends the trial court abused its discretion in awarding spousal support. He challenges the type, amount, and duration of the alimony awarded. Discerning no abuse of discretion, we affirm. |
Williamson | Court of Appeals | |
Cynthia E. Yebuah et al. v. Center for Urological Treatment, PLC
Following surgery to remove a cancerous kidney, part of a gelport device was left inside the patient. The patient and her husband brought this health care liability action against multiple defendants, including the surgeon who removed the kidney and the radiologist who initially failed to detect the foreign object. The defendants admitted fault, so the trial focused solely on causation and damages. The jury returned a verdict in favor of the plaintiffs and awarded $4 million in noneconomic damages to the patient for pain and suffering and loss of enjoyment of life and $500,000 in noneconomic damages to her husband for loss of consortium. The trial court initially applied the statutory cap on noneconomic damages to the total damages award and entered a judgment of $750,000 in favor of both plaintiffs. In response to the plaintiffs’ motion to alter or amend, the trial court issued a revised judgment of $750,000 in favor of the patient and $500,000 in favor of the husband. But the court refused to address the plaintiffs’ arguments premised on the constitutionality of the statutory cap, ruling that the issue had been waived. The court also denied the defendant’s motion for a new trial or for a remittitur. Upon review, we conclude that the trial court erred in refusing to consider the plaintiffs’ constitutional issue. But because we also conclude that the statutory cap on noneconomic damages is constitutional and was applied properly and that the defendant is not entitled to a new trial or a remittitur, we affirm. |
Davidson | Court of Appeals | |
Anthony Todd Ghormley v. State of Tennessee
In 2009, a Blount County jury convicted the Petitioner, Anthony Todd Ghormley, of two counts of attempted first degree murder, one count of especially aggravated kidnapping, two counts of especially aggravated burglary, and three counts of aggravated assault. The trial court sentenced the Petitioner to an effective sentence of 105 years. See State v. Anthony Todd Ghormley, No. E2010-00634-CCA-R3-CD, 2012 WL 171940, at *1 (Tenn. Crim. App., at Knoxville, Jan. 20, 2012), no perm. app. filed. On March 13, 2019, the Petitioner filed a petition for writ of habeas corpus, alleging that his indictment was void because it failed to include the requisite level of mens rea for the charged offenses and that the affidavit of complaint had been improperly amended. The habeas corpus court summarily dismissed the petition because the Petitioner failed to state a colorable claim. On appeal, the Petitioner maintains his claims and argues that the trial court improperly dismissed his petition. After review, we affirm the habeas corpus court’s judgment. |
Trousdale | Court of Criminal Appeals | |
Javier Carrasco v. North Surgery Center, LP, et al.
This is a healthcare liability action resulting from injuries sustained by a guidewire left in the plaintiff’s neck following a procedure. The defendants moved to dismiss the action for failure to comply with notice requirements in Tennessee Code Annotated section 29-26-121(a)(2)(E). The trial court dismissed the action without prejudice, and the plaintiff appealed. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Joseph Woodruff
We granted this interlocutory appeal to review the trial court’s suppression of an incriminating statement the Defendant, Joseph Woodruff, made to police. The Defendant was arrested in May 2015 related to an aggravated robbery and an attorney was appointed to represent him. The Defendant later asked to speak with police and, following a waiver of his Miranda rights and without his attorney present, confessed to the robbery. Following his indictment, the Defendant sought to suppress his statement to police and, after a hearing, the trial court granted the motion to suppress. The State filed a motion for an interlocutory appeal challenging the suppression of the statement, which the trial court granted, and this court granted the State’s application for a Rule 9 appeal. After review, we reverse the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Luis Jorge Diaz v. State of Tennessee
The Petitioner, Luis Jorge Diaz, was convicted of six counts of aggravated sexual battery and subsequently sentenced to twenty years in confinement. See Tenn. Code Ann. § 39-13-504. Following an unsuccessful direct appeal, the Petitioner filed a petition seeking post-conviction relief, alleging, among other things, that trial counsel was ineffective because of his failure to communicate multiple plea offers from the State to the Petitioner. The post-conviction court denied the petition, and the Petitioner filed a timely appeal. Following our review, we affirm. |
Davidson | Court of Criminal Appeals |