State of Tennessee v. Bert Durand Hatmaker
A Campbell County jury convicted the Defendant, Bert Durand Hatmaker, of one count of reckless endangerment, one count of assault, and one count of leaving the scene of an accident. The trial court sentenced the Defendant to concurrent sentences of two years for the reckless endangerment conviction, eleven months and twenty-nine days for the assault conviction, and thirty days for the leaving the scene of an accident conviction, with sixty days to be served in jail and the remainder to be served on probation. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction for reckless endangerment. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgments. |
Campbell | Court of Criminal Appeals | |
Kenneth Ray Henson v. Jeri Lynn Pilkington Henson
The issue presented in this divorce case is which parent should be designated as the primary residential parent of the parties’ minor children. The trial court named the Appellee/Mother primary residential parent, and Appellant/Father appeals. Discerning no error, we affirm. |
Lauderdale | Court of Appeals | |
Joseph A. Hale v. David Osborne, Warden
The Petitioner, Joseph A. Hale, appeals the Morgan County Criminal Court’s dismissal of his petition for habeas corpus relief from his 2007 conviction for second degree murder and resulting seventeen-year sentence. He contends that his sentence is void because the trial court improperly sentenced him pursuant to the 2005 Sentencing Amendments when the offense date was 2004. The State has moved this court to affirm the trial court’s denial of relief by memorandum opinion pursuant to Rule 20 of the Court of Criminal Appeals. The State’s motion for a memorandum opinion is granted, and the judgment of the trial court is affirmed. |
Morgan | Court of Criminal Appeals | |
Jeff King v. Gerdau Ameristeel US, Inc.
An injured employee returned to work for his pre-injury employer. The employee was moved to a different area and worked fewer overtime hours because of his medical restrictions. The trial court held that the employee did not have a meaningful return to work pursuant to Tennessee Code Annotated section 50-6-241(d)(1)(A) (2008) and awarded permanent partial disability benefits in excess of one and one-half times the anatomical impairment. The employer appealed. We hold that the employee had a meaningful return to work and that Tennessee Code Annotated section 50-6-241(d)(1)(A) limits the employee’s recovery to one and one-half times the anatomical impairment. We therefore modify the judgment of the trial court. |
Madison | Workers Compensation Panel | |
Betty Franklin v. Duro Standard Products Co., Inc.
In this claim for workers’ compensation benefits, the trial court awarded permanent partial disability benefits to the employee for hearing loss. Her employer has appealed, contending that the trial court erred by admitting the testimony of the employee’s medical expert into evidence and by finding that her hearing loss was caused by her employment. We affirm the judgment of the trial court. |
Chester | Workers Compensation Panel | |
State of Tennessee v. Keisha M. Howard
The Defendant-Appellant, Keisha M. Howard, was indicted for theft of property valued at $60,000 or more and for violating the Tennessee Computer Act, both Class B felonies. She entered guilty pleas to the offenses as charged in the Bradley County Criminal Court, with the trial court to determine the length and manner of her sentence as well as the amount of restitution, if any. See T.C.A. §§ 39-14-103, -105(5), -602(a)(1) (2006). The trial court sentenced Howard as a Range I, standard offender and imposed concurrent sentences of eight years. Under the special conditions in the theft judgment, the court ordered that Howard “may apply to Community Corrections” and that she “owes $215,000 [and] cannot pay that amount but must pay no less than $200 a month.” Howard filed a motion to clarify the total amount of restitution owed, and the trial court, in determining that its previous judgment regarding restitution violated Tennessee Code Annotated section 40-35-304(c), ordered Howard to pay $1,000 per month for eight years, for a total of $96,000 in restitution. On appeal, Howard argues that the trial court’s order requiring her to pay $96,000 in restitution was unreasonable, given her financial resources and ability to pay. Upon review, we reverse the trial court’s order that Howard pay $1,000 per month for eight years for a total of $96,000 in restitution, and we amend the judgments to show that the victim’s loss in this case is $156,951.30 and that the restitution, based on the proof established of Howard’s present ability to pay, is reduced to $48,000, which shall be paid at the rate of $500 per month for eight years. In all other respects, the trial court’s judgments are affirmed. |
Bradley | Court of Criminal Appeals | |
Lisa Smith as Guardian of the Person and Estate of Rodterrius M. Tinnel (Deceased) v. State of Tennessee et al.
This appeal arises out of a wrongful death action involving numerous defendants. We dismiss the appeal as to two defendants for failure to file a timely notice of appeal. We dismiss the appeal as to the remaining defendants for lack of a final judgment. |
Rutherford | Court of Appeals | |
Daniel B. Eisenstein v. WTVF-TV, News Channel 5 Network, LLC et al.
The plaintiff, a public official, sued the defendants for libel and false light invasion of privacy. The defendants filed a motion for summary judgment based on the truth of the statements. The plaintiff sought to complete discovery before the motion was heard. The trial court granted the defendants’ motion and plaintiff appealed. We affirm the grant of summary judgment as to the libel claims, but reverse the grant of summary judgment as to some of the false light claims. |
Davidson | Court of Appeals | |
Donnell T. Porter v. Prestige Auto Sales, Inc.
Buyer purchased used automobile and signed contract stating the vehicle was being sold “as is” and without any warranties. After the transaction was completed and Buyer complained to Seller that the power steering was not working properly, Seller agreed to credit Buyer’s account with the cost of repairing the power steering. Buyer was unwilling or unable to pay for the repair out of his own pocket, and Seller ultimately repossessed the vehicle. Buyer sued Seller for breach of contract and trial court awarded Buyer damages. Seller appealed and we affirm the trial court’s judgment. Seller modified the parties’ original contract when it agreed to compensate Buyer for the cost of repairing the vehicle. |
Davidson | Court of Appeals | |
In Re: Haily A. S.
Mary G. (“Foster Mother”) filed a petition in the Chancery Court for Putnam County (“the Trial Court”) to adopt Haily A. S. (“the Child”), then under the guardianship of the Tennessee Department of Children’s Services (“DCS”). The Child’s paternal grandparents, Marvin S. and Sandra S. (“the Grandparents”), filed an intervening petition to adopt the Child and shortly thereafter filed a motion to intervene. DCS filed a motion to dismiss the Grandparents’ petition. After a hearing at which the parties’ respective counsels made their arguments, the Trial Court granted DCS’s motion to dismiss the intervening petition for adoption. The Grandparents appeal, arguing that the Trial Court should have permitted them to present evidence on the issue of the Child’s best interest. We hold that because DCS, the Child’s guardian, did not consent to the Grandparents’ adoption of the Child, the Grandparents’ intervening petition properly was dismissed. We affirm the judgment of the Trial Court. |
Putnam | Court of Appeals | |
In Re: Mariah K. D.
The great aunt and the great-grandmother of a little girl obtained an emergency order giving them temporary custody of the child when she was less than eight months old. The child’s mother was informed that she was entitled to appear at a preliminary hearing and an adjudicative hearing on a more permanent custody order, but she failed to appear for those hearings. The trial court found that the child was dependent and neglected, and awarded custody of the child to her two older relatives. They subsequently filed a petition to terminate the parental rights of the mother on the grounds of abandonment and of persistence of conditions. The trial court found that both grounds were proved and granted the petition. We affirm the termination on the ground of persistence of conditions. |
Lincoln | Court of Appeals | |
Robert Keenan, Sr., et al. v. Barry C. Fodor, et al.
This case arose from a dispute between neighbors over the ownership of an elaborate stone and metal gate used for entry into both their residential properties. The predecessors-ininterest of the defendants installed the gate at their own expense, placing it on an easement over the plaintiffs’ adjoining lot. The plaintiffs decided to sell their house, and included a picture and a description of the gate in their real estate listing and advertisements. The defendants asserted that they owned the gate and compelled the plaintiffs’ realtor to remove all mention of the gate from sales materials. The plaintiffs then filed a complaint to quiet title. After a bench trial, the court found that the gate belonged to the defendants and dismissed the plaintiffs’ complaint. The plaintiffs argue on appeal that the trial court erred because the gate is a fixture and, thus, that it has become part of the plaintiffs’ property by operation of law. We affirm the trial court. |
Cheatham | Court of Appeals | |
Glena Meares, et al v. Thomas R. Traylor M.D.
Plaintiffs charged defendant with medical malpractice. The case was tried before a jury, resulting in a judgment for the defendant. An out-of-state medical doctor testified on behalf of the defendant, over the objection of plaintiffs. Plaintiffs have appealed to this Court, insisting that it was reversible error for the Trial Court to allow that expert to testify in violation of the "Locality Rule". On appeal, we affirm the Judgment of the Trial Court. |
Knox | Court of Appeals | |
Andrew K. Armbrister v. Melissa H. Armbrister
The parties were divorced on September 2, 2009, and the Trial Court entered a Permanent Parenting Plan. On February 11, 2011, the father filed a Motion to Modify the PPP, alleging a change in circumstances. Following trial of the issues, the Trial Court increased the number of days the father would have the children and reduced the award of child support. The mother has appealed, we reverse the Trial Court. |
Greene | Court of Appeals | |
Linda Princinsky v. Premier Manufacturing Services, Inc. et al.
This is the second appeal in this matter. In the first appeal, the Special Workers’ Compensation Appeals Panel affirmed the trial court’s judgment finding the employee permanently and totally disabled. The Panel held, however, that the trial court’s judgment should be reduced by the 272 weeks of benefits the employer had previously paid the employee. Therefore, the Panel remanded the case to the trial court for entry of a judgment consistent with its opinion. On remand, the trial court applied the 272-week credit as the Panel had directed. The trial court also reapportioned liability and modified the date on which the employee’s permanent total disability benefits began to accrue. The trial court’s modification effectively increased the employee’s award from the 496.86 weeks it had awarded the employee in the original appeal to 697.14 weeks. Employer has appealed, contending that the reapportionment of liability and the modification of the date upon which benefits accrued conflict with the mandate of the previous appeal. We conclude that employer’s contentions are correct and reverse the trial court’s judgment. |
Maury | Workers Compensation Panel | |
Bryan E. Brown v. Vintec Company et al.
The employee sustained a compensable injury to his lower back in August 1999. He returned to work in August 2000. He had back spasms related to the injury in May 2001 that caused him to be off work until August 2001. Thereafter, he worked until December 2008, when he was permanently laid off due to economic conditions. The settlement of his workers’ compensation claim, which was approved by the trial court in July 2001, was based on the two-and-one-half times impairment cap, Tenn. Code Ann. § 50-6-241(a), and preserved his right to seek reconsideration on loss of employment. Following the December 2008 layoff, he filed this petition for reconsideration. His employer contended that reconsideration was time-barred by section 50-6-241(a)(2) because his loss of employment occurred more than 400 weeks after he returned to work in August 2000. The employee argued that his correct return to work date was in August 2001, and his petition was therefore timely. The trial court agreed with the employer, for whom judgment was entered, and the employee has appealed. We affirm the trial court’s judgment. |
Rutherford | Workers Compensation Panel | |
In the Matter of: Antar R.W.
The State filed a petition for child support against a father, on behalf of a non-parent caretaker who was caring for the father’s son. The juvenile court ordered the father to pay current and retroactive child support. The father filed a motion asking the court to rehear the child support matter and/or consolidate it with a separately pending child custody case. The juvenile court denied the motion, and the father appealed. We affirm. |
Shelby | Court of Appeals | |
Jim Suzich v. Frank Booker and wife, Beverly Booker and John S. Bomar, Trustee, Katie Winchester, Trustee, and First Citizens National Bank
This appeal involves a construction loan obtained by the plaintiffs for the construction of a new home. The loan proceeds were exhausted prior to the completion of the home. The plaintiffs then sued the lender bank for breach of contract, alleging that the bank had a duty |
Shelby | Court of Appeals | |
Andrew K. Armbrister v. Melissa H. Armbrister - Dissenting
I do not believe the trial court went outside the parameters of its sound discretion when it increased father’s co-parenting time from 85 days to 143 days. Unlike many of the divorce cases we see, this one involves parents who, after the divorce, in the words of the majority opinion, “maintain[ ] a positive, cooperative relationship with one another regarding their co-parenting responsibilities.” Even more unique, this case presents a situation where father’s wife and his former spouse have a “positive relationship.” |
Greene | Court of Appeals | |
John Jay Hooker, on behalf of himself and others, v. Governor Bill Haslam, et al.
Plaintiff filed this action in Circuit Court challenging the constitutionality of the Tennessee Retention Election Statutes, Tenn. Code Ann. §§ 17-4-1010 et seq. The Trial Judge held the statutes were constitutional, but concluded that intermediate appellate judges are subject to retention election only by the qualified voters of the grand division in which the judge resides. Plaintiff appealed. We affirm the Trial Court's decision that the statutes are constitutional, but reverse the Trial Court's holding that intermediate appellate judges are subject to retention only by the qualified voters of the grand division in which the judge resides. |
Davidson | Court of Appeals | |
State of Tennessee v. Sherri A. Bogle
Defendant, Sherri A. Bogle, appeals from the trial court’s order revoking Defendant’s probation and requiring her to serve the sentence in incarceration. Defendant argues on appeal that her sentence had expired before the State initiated revocation proceedings. After a thorough review of the record and the briefs, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Wendi Nicole Garrison
A Carter County Criminal Court Jury convicted the appellant, Wendi Nicole Garrison, of the second degree murder of the victim, Joshua Perry. The trial court imposed a sentence of sixteen years in the Tennessee Department of Correction. On appeal, the appellant argues that the evidence is insufficient to sustain her conviction, that the trial court erred in denying her request to charge assisted suicide as a lesser-included offense of second degree murder, and that the trial court erred in denying her request for a jury instruction regarding assisted suicide as a defense to second degree murder. Upon review, we affirm the judgment of the trial court. |
Carter | Court of Criminal Appeals | |
American Zurich Insurance Company v. MVT Services, Inc., d/b/a Mesilla Valley Transportation
This appeal involves retrospective insurance premiums on a workers’ compensation insurance policy. The defendant trucking company operates in several states, including Texas and Tennessee. Tennessee requires employers to maintain worker’s compensation insurance for certain employees, but Texas does not. The defendant trucking company purchased workers’ compensation insurance for its Tennessee employees from the plaintiff insurance company. The trucking company employed over-the-road truck drivers who were Tennessee residents. The trucking company decided to classify its Tennessee-resident overthe-road drivers as Texas employees whose on-the-job injuries would not be covered by the Tennessee workers’ compensation insurance policy. Consequently, the trucking company did not pay insurance premiums to cover those employees. The plaintiff insurance company conducted a retrospective premium audit; in the audit, it determined that the Tennesseeresident over-the-road drivers presented a risk of loss to the insurance company. Consequently, the insurance company notified the trucking company that it owed retrospective premiums based on those drivers. The trucking company refused to pay, so the insurance company canceled the insurance policy and filed this lawsuit for the retrospective premiums. The trialcourtgranted summaryjudgmentin favorof the insurance company,and the trucking company now appeals. We affirm, finding under the undisputed facts that the Tennessee-resident over-the-road employees presented a risk of loss to the insurer under the workers’ compensation insurance policy during the relevant policy periods. |
Davidson | Court of Appeals | |
State of Tennessee v. Matthew Kinnard
A Putnam County Grand Jury returned an indictment against Defendant, Matthew Kinnard, charging him with one count of aggravated child abuse. Following a jury trial, Defendant was convicted of the lesser-included offense of reckless aggravated assault. He received a sentence of three years in the Department of Correction. On appeal, Defendant argues that the trial court erred in denying his request for probation or some other form of alternative sentence. After a thorough review, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Tommy W. House v. Nissan North America et al
The employee alleged that he suffered a compensable injury to his right shoulder in July 2008. His employer contended that the employee’s complaints were a continuation of a February 2006 injury to the same shoulder which was the subject of an earlier settlement. In the alternative, the employer contended that any award of benefits should be limited to one-and-one-half times the anatomical impairment in accordance with Tennessee Code Annotated section 50-6-241(d)(1)(A), because the employee resigned in April 2010 pursuant to a voluntary buyout program. The trial court found that the employee had sustained a new injury in July 2008 and that his resignation was reasonably related to the work injury, and therefore, the lower cap did not apply. A judgment awarding benefits was entered, and the employer has appealed. We affirm the trial court’s judgment. |
DeKalb | Workers Compensation Panel |