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| William Lindgren & Melanie Lindgren vs. City of Johnson City
E2001-01676-COA-R3-CV
Plaintiff was injured by falling on defendant's sewer covering. The Trial Court found for plaintiff and awarded damages against City. On appeal, we affirm finding of liability, but vacate award of damages and remand with instructions to determine the total amount of damages, find percentage of fault, and then enter judgment in accordance with the Governmental Tort Liability Act. We Affirm in Part, Vacate in Part and Remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/16/02 | |
| Cory Staples vs. William Clifton
E2001-01385-COA-R3-CV
Trial Court entered Judgment for plaintiff on malicious prosecution claim. On appeal, plaintiff seeks an additur. Defendant also appeals, arguing there is no evidence to establish the cause of action and damages were not established. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 04/16/02 | |
| Deborah Keller vs. Donald Keller
E2001-01399-COA-R3-CV
Appellant held in contempt by Trial Judge was ordered not to have any guns whatsoever around the parties' minor child. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 04/16/02 | |
| Hutter vs. Bray, Cohen, Kressin, Hash, Norton, Luhn
E2001-02408-COA-R3-CV
In plaintiff's action for conspiracy, fraud and malicious harassment, the Trial Court dismissed the action for failure to state a claim for which relief could be granted. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 04/16/02 | |
| Eddie Fritz vs. Wanda Fritz
E2001-00145-COA-R3-CV
Eddie LaMartin Fritz ("Husband") filed for divorce alleging inappropriate marital conduct or, in the alternative, irreconcilable differences. Wanda Lorraine Williams Fritz ("Wife") counter-claimed seeking a divorce on the same grounds. The parties eventually agreed how to divide most of their personal property and stipulated to grounds for the divorce. Wife had opened two savings accounts into which she claims she placed funds for the college education of her two daughters from a previous marriage. The Trial Court concluded the funds in these accounts were not marital property, and Husband challenges this conclusion on appeal. Husband also challenges the Trial Court's holding that he be responsible for all of the credit card debt accumulated during the marriage. We modify the division of property, and affirm the judgment as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 04/16/02 | |
| Donna Bunker vs. Roger Finks
E2001-01496-COA-R3-CV
Donna J. (Finks) Bunker ("Mother") and Roger Finks ("Father") were divorced in Ohio in 1993. The parties had two minor children. Mother and the children relocated to Chattanooga, Tennessee, and Father stayed in Ohio. The Ohio Divorce Decree was brought properly before the Tennessee Trial Court. Father filed a petition seeking a change of custody and visitation, while Mother filed a cross-petition seeking an increase in child support. The Trial Court found that while Father proved a material change in circumstances, he failed to carry his burden of showing that a change of custody was warranted. The Trial Court also restricted Father's visitation with the children to take place only in Chattanooga. The Trial Court did not increase Father's child support obligation. Both Father and Mother raise issues on appeal. Father's issues on appeal concern custody and visitation, primarily of the parties' younger child ("Younger Child"). We affirm, as modified, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 04/16/02 | |
| E2001-02086-COA-R3-CV
E2001-02086-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 04/15/02 | |
| Deborah R. Smith and Alan Smith vs. Taco Bell Corporation
E2001-01796-COA-R3-CV
The trial court awarded Deborah Smith ("Plaintiff") $250,000 for injuries received as a result of her fall at Taco Bell. Plaintiff's husband was awarded $10,000 for his loss of consortium claim. On appeal, Taco Bell Corporation ("Defendant") contends the trial court committed reversible error by failing to rule at trial on Defendant's objections made during the depositions of the two primary treating physicians. Defendant also claims the medical proof was insufficient to establish a causal connection between Plaintiff's fall at Taco Bell and her medical condition. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 04/15/02 | |
| In The Matter of the Estate of Nellie Ellis, Charles W. Moore. v. Clyde Green
M2000-01516-COA-R3-CV
This case involves the interpretation of a remainder interest granted in a will. The decedent's husband bequeathed to the decedent a life estate in stock in a family-owned business, with the remainder to go 50% to his "living heirs" and 50% to "some deserving person in the music department at Belmont College." After her husband's death, the decedent purchased the remainder interest in the stock from all of the remaindermen. By virtue of this purchase, the decedent presumed that she owned the stock outright. At her death, her will included a bequest of the stock. Her heirs brought this declaratory judgment action, seeking a declaration that the decedent did not own the stock at her death. They argued that the decedent's purchase of the remainder interest in the stock was invalid because the remaindermen did not own a vested interest in the stock at the time of the husband's death. The trial court found that the case was barred by the statute of limitations and that the decedent had, in fact, acquired 100% ownership in the stock. The heirs now appeal. We affirm, finding that the remaindermen in the husband's will acquired a vested, transmissible remainder interest in the stock at the husband's death.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/15/02 | |
| David O'Connell v. Metro Government of Nashville/Davidson County
M2001-00491-COA-R3-CV
The plaintiff in this inverse condemnation action alleged that the State took two parcels of land that belonged to him for a road-widening project, paying compensation to the wrong parties. The trial court referred the question of ownership of the disputed parcels to a special master, who determined that the plaintiff was not entitled to compensation for one of the parcels because title had passed to another party by adverse possession. The trial court affirmed the findings of the special master. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/15/02 | |
| Randy Arnwine v. Union County Board of Education,
E2001-02719-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Billy Joe White |
Union County | Court of Appeals | 04/15/02 | |
| Ronald Meredith vs. James Stair
E2001-02852-COA-R3-CV
In this suit seeking damages for breach of contract, Ronald C. Meredith, Jr., and Clinton Broadcasters, Inc., were granted a judgment against James F. Stair in the amount of $84,326. Mr. Stair appeals. His single issue insists that the Trial Court was in error in finding a breach of contract. We disagree and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 04/15/02 | |
| Watson's Carpet and Floor Coverings, Inc. vs. Rick McCormick, et al
M2000-03101-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Houston M. Goddard |
Williamson County | Court of Appeals | 04/15/02 | |
| Estella Akins vs. Dwaine Peters
E2001-02739-COA-R3-CV
Estella Akins ("Plaintiff") sued Dwaine Peters and Carolyn Peters ("Defendants") for the wrongful death of her husband, Leon Akins ("Decedent"). At the time of his death, Decedent was feeding hay to Defendants' cattle using Defendants' tractor. One of the tractor's rear tires rolled onto the Decedent, killing him. The Trial Court granted Defendants' motion for directed verdict at the close of Plaintiff's proof. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Lawrence H. Puckett |
Monroe County | Court of Appeals | 04/10/02 | |
| George B. Alder, Jr. v. Billy Jack Bible, et al.
M2001-00696-COA-R3-CV
The plaintiff sued adjoining landowners asking the court to establish the boundary line between the two properties. The Chancery Court of Marion County held that the line originally ran where the plaintiff claimed but that the plaintiff's claim was barred by laches and adverse possession. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Jeffrey F. Stewart |
Marion County | Court of Appeals | 04/02/02 | |
| Sandra K. Houston v. Virty Houston
W2002-02022-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 03/31/02 | |
| Latasha Whittington-Barrett vs. Jerry Hayes
E2001-01277-COA-R3-CV
LaTasha Marie Whittington-Barrett ("Plaintiff"), who is currently incarcerated by the State of Tennessee, filed a petition seeking a copy of Plaintiff's medical and psychiatric records. As grounds for the petition, Plaintiff cited a Tennessee Department of Corrections rule which requires a court order before TDOC will release copies of the inmate's health records directly to the inmate. The defendants, prison Health Administrator Jerry Hayes and prison Mental Health Psychological Examiner David Dobbins ("Defendants"), filed a Motion to Dismiss or for Summary Judgment. The Trial Court granted Defendants summary judgment. Plaintiff appeals. We vacate the summary judgment and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:G. Richard Johnson |
Johnson County | Court of Appeals | 03/27/02 | |
| Danny Alvis vs. Manfred Steinhagen
W2001-00940-COA-R3-CV
This appeal arises from a claim filed by the Appellee against the Appellant in the General Sessions Court of Shelby County. The claim alleged that the Appellee was entitled to rescission, reformation, and/or damages proximately caused by the Appellant's breach of contract, breach of warranty, fraud, misrepresentations, violations of the Tennessee Consumer Protection Act, and/or unjust enrichment. Following a trial, the general sessions court rendered a verdict in favor of the Appellee. The Appellant appealed the decision to the Circuit Court of Shelby County. Following a trial in the circuit court, the circuit court rendered a verdict in favor of the Appellee and ordered the Appellant to pay discretionary costs.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 03/27/02 | |
| Flynt Engineering Company vs. William Cox
E2001-02457-COA-R3-CV
This is a suit by Flynt Engineering Company against William Cox, seeking to recover the value of services rendered to Mr. Cox under the terms of a written contract. The trial judge granted a summary judgment in favor of Flynt Engineering in the amount of $115,753.15. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 03/26/02 | |
| Clement Bernard, M.D. v. Sumner Regional Health Systems
M2000-01478-COA-R3-CV
On or about March 26, 1999, the appellee Sumner Regional Health Systems, Inc. revoked appellant Clement F. Bernard, M.D. privileges to practice medicine at Sumner Regional Medical Center. Consequently, Dr. Bernard filed a complaint on March 29, 1999, alleging procurement of breach of contract and defamation. On February 9, 2000, Sumner Regional Health Systems filed a Motion for Summary Judgment on the grounds that Dr. Bernard could not establish viable claims for procurement of breach of contract or defamation. The trial court granted Sumner Regional's motion. On June 12, 2000, Dr. Bernard filed a Notice of Appeal and this litigation resulted.
Authoring Judge: Judge Don R. Ash
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 03/26/02 | |
| T.H. Engineering & Mfg. & Ron Tourte vs. Chris Mussard
E2001-02406-COA-R3-CV
Plaintiff sued on promissory note. Defendant counterclaimed on grounds of breach of contract, violation of Tennessee Consumer Protection Act, and fraud. The Trial Court entered Judgment for plaintiff and defendant has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 03/26/02 | |
| Minnie Long v. HCA Health Svcs dba Southern Hills Medical Center
M2001-00505-COA-R3-CV
This appeal involves a personal injury sustained by the plaintiff while a patient at defendant's nursing home facility. The plaintiff filed suit against the defendant for negligence and the case proceeded to trial before a jury. During the trial, the defendant filed several motions for a directed verdict, which were denied. The trial resulted in a hung jury and the court was forced to declare a mistrial. Before the second trial, the defendant renewed its motion for directed verdict. The court ruled that the plaintiff's cause of action should be considered a claim for medical malpractice, but that the plaintiff made out a prima facie case. The plaintiff voluntarily dismissed the suit before the second trial took place and the defendant motioned the court for discretionary costs. The court awarded the defendant only some of the requested costs and this appeal followed. For the following reasons, we affirm the decisions of the trial court to deny defendant's last motion for a directed verdict and to award only partial discretionary costs.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 03/26/02 | |
| Charles Kendall Duty, et al v. Farah Dabit, et al
M2001-00586-COA-R3-CV
This appeal involves a suit brought by the purchasers of a new home. The seller and purchaser entered into a contract of sale, wherein the seller agreed to construct a home on a parcel of real property. Having no construction experience, the seller hired a contractor to construct the home. Upon the completion of the home and closing on the property, the purchasers discovered numerous defects that were allegedly caused by a failure to construct the home in a workmanlike manner. The purchasers filed suit against the seller and the contractor. The seller and the contractor hired an attorney, but the attorney eventually withdrew from the case. Four months after the attorney's withdrawal, the case proceeded to trial. The seller, acting pro se, arrived at the trial several hours late. By the time the seller had arrived, the contractor and purchaser had completed voir dire and the contractor had been dismissed through a judgment on the pleadings. With the trial judge acting as finder of fact, the trial proceeded and a judgment was entered against the seller in the amount of $22,182.84. After the trial, in an attempt to amend his pleadings to assert a cross-claim against the contractor, the seller moved the court for a new trial or to set aside the judgment. The trial court denied the seller's motion and for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 03/26/02 | |
| E2001-01963-COA-R3-JV
E2001-01963-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 03/26/02 | |
| Robert Brown v. Dept of Labor and Workforce Development
M2001-01625-COA-R3-CV
The appellant suffered an injury while on the job. The Department of Labor and Workforce Development denied him workers' compensation benefits. Appellant sued the state for monetary damages. The trial court dismissed the complaint for lack of subject matter jurisdiction. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 03/21/02 |