Please enter some keywords to search.
| Darin Shaffer vs. Shelby Co.
W2000-02215-COA-R3-CV
This appeal involves an accident in which a mother and son were hit by an automobile. The mother received fatal injuries in the accident. The survivors brought an action against Shelby County for the wrongful death of the mother and for negligent infliction of emotional distress with respect to the son. A jury found Shelby County liable for $12,039,049.01. The award was reduced in accordance with the Governmental Tort Liability Act (the GTLA) to $260,000.00 plus discretionary costs of $5,434.55. The plaintiffs appealed the reduction of liability alleging that the GTLA violated the Tennessee Constitution and should be judicially abrogated. The plaintiffs further allege that even if the GTLA is upheld, liability should be capped at $350,000.00 as opposed to $260,000.00. Shelby County also raises several issues in this appeal. First, Shelby County alleges that it was performing a discretionary function, which immunizes it from liability. Shelby county also contends that the proof shows the mother to be at fault and fails to show that the son suffered a serious emotional injury. In addition, Shelby County argues that the verdicts were excessive and were tainted by inappropriate arguments made during the plaintiffs' closing. Finally, Shelby County alleges that the trial court erred by assessing discretionary costs, which caused the award to exceed the GTLA's statutory cap on damages. For the following reasons, we reverse the trial court's award of discretionary costs and affirm the trial court in all other respects.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 09/19/01 | |
| David Brown vs. Ruth Johnson, Commissioner, TN Dept. of Revenue
M2000-02114-COA-R3-CV
Taxpayer purchased baled straw from farmers which he sold to landscapers, sales tax free. A Notice of Assessment was served on the taxpayer for the sales tax, plus penalty and interest. After payments of these amounts taxpayer filed suit for refund, challenging the assessments. The trial judge found that the sales taxes were properly assessed, but that both interest and penalty should be waived. Both parties appeal. We hold that the taxpayer is liable for the tax together with penalty and interest.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 09/19/01 | |
| Sandra Krug vs. Jean Wahl
E2000-02959-COA-R3-CV
This is an appeal from the Trial Court's refusal to set aside a judgment rendered in Oklahoma which Plaintiff Sandra Krug petitions to have registered on the ground that the Defendant, Jean E. Wahl, was never served with process in connection with the Oklahoma proceedings. Because there is no transcript of the hearing below, we must conclusively presume that the evidence supported the determination of the Trial Court. We affirm
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 09/19/01 | |
| Tomkats Catering, Inc. vs. Ruth E. Johnson, Commissioner of Revenue, State of TN
M2000-03107-COA-R3-CV
This is a sales tax case. The tax period is from December 1, 1990 through January 31, 1994. During this period TomKats, a catering business, charged its customers a fixed, per unit price for food, but provided optional services for an additional charge, which was billed separately. The Commissioner ruled that such optional services were a "part of the sale," and assessed a tax deficiency which TomKats paid and filed this action for a refund which was unavailing. The judgment is reversed.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 09/19/01 | |
| Charles David Killion vs. Johnny Huddleston
M2000-02413-COA-R3-CV
This is an action for damages for negligent misrepresentation. The plaintiff invested $50,000.00 in Eureka Vacuum Cleaner Company at the advice and urging of the unlicensed defendant who was to receive a substantial commission. The investment was a scam. Recovery for the loss was allowed. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/19/01 | |
| Chemical Residential vs. Donna Hodge
W2000-02958-COA-R3-CV
This case involves the negligent impairment of a security interest. Plaintiff Chemical Residential Mortgage Corporation held a note and deed of trust on the subject real property. Subsequently, defendant Commercial Credit, Inc., negligently executed and filed a release deed on the property. Later, defendant Southern Financial made a second loan to the debtor secured by the same property. After Chemical Residential realized that its deed had been released in error, it brought the instant declaratory judgment action against Southern Financial and Commercial Credit, seeking a declaration that its deed was senior to that of Southern Financial. Southern Financial filed a cross-claim against Commercial Credit for the impairment of its security interest. The trial court found in favor of Chemical Residential and Southern Financial against Commercial Credit, and held that Chemical Residential's deed was senior to that of Southern Financial. On the cross-claim, the trial court awarded Southern Financial damages against Commercial Credit in an amount equal to the total amount due on the secured note. Commercial Credit now appeals, arguing, inter alia, that the trial court's measure of damages was erroneous. We reverse on the issue of damages and remand for a redetermination of those damages.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 09/19/01 | |
| Terri Jackson vs. Danny Jackson
W2001-00302-COA-R3-CV
This appeal involves the calculation of an obligor parent's net income for purposes of determining whether a decrease in child support obligations is warranted. Appellant's motion to decrease child support obligations was overruled by the lower court based on a finding that no significant variance existed between the guidelines and the amount of support currently ordered. In calculating the guidelines amount, the court refused to decrease Appellant's gross income by temporary living expenses he accrued because of his job assignment. Appellant appealed alleging that the deduction in his gross income should be allowed. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Appeals | 09/19/01 | |
| Venelsia Stephens vs. Shelby Co. Govt.
W2000-01353-COA-R3-CV
County employee sued county for on-the-job injury benefits resulting from carpel tunnel syndrome. Employee filed suit over one year after the county denied her claim for benefits. After a nonjury trial, the trial court dismissed plaintiff's case with prejudice as barred by the one-year statute of limitations. Employee appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/19/01 | |
| Joan Schmitt vs. James Smith
W2000-01726-COA-R3-CV
This dispute arises from an action to enforce an attorney's lien in a divorce action. Appellant contends that a separate suit is required to enforce the lien, and, further, that the lien was lost through the attorney's failure to have it noted in the final judgment. Appellant also submits that the trial court erred in issuing injunctive relief without notice, hearing or bond against proceeds of marital property against which the lien was filed. We hold that the attorney's lien was lost due to failure to note it in the final judgment or by a timely Rule 59.04 motion to alter or amend the judgment. We further hold that the Rule 65.07 exception to the requirements of injunctive relief in some domestic relations cases does not apply to the case at bar, where, although the original suit was a divorce action, the issue presented for resolution is essentially based on contract.
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 09/18/01 | |
| Harold Lee Jackson v. Jim Rout, Mayor of Shelby County,
CH-00-0776-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/18/01 | |
| April Price vs. Kenneth Price
W2000-01471-COA-R3-CV
This appeal follows a divorce action in which the trial court awarded custody of the parties' two minor children to the father. The mother appeals only the award of custody. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 09/18/01 | |
| CH-00-1635-3
CH-00-1635-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/18/01 | |
| Dean Kinningham vs. State of TN
M2001-00495-COA-R3-CV
Appellant was an inmate housed at Riverbend Maximum Security Institution, having been transferred to this secure facility after overpowering a guard and forcibly escaping confinement at Claiborne County Jail. He was convicted and sentences imposed upon him for aggravated robbery, aggravated burglary, possession of a Schedule II controlled substance for sale, possession of a handgun by convicted felon and felony escape, these sentences being imposed on August 3, 1999. Appellant was assaulted by a fellow inmate and filed claim against the State for alleged negligent custody or control of persons resulting in the inmate attack. The Claims Commission rendered summary judgment for the State and we affirm.
Authoring Judge: Judge William B. Cain
|
Claiborne County | Court of Appeals | 09/18/01 | |
| Ronald Dwayne Carter vs. Paulette D'Anne Carter
M2001-00692-COA-R3-CV
This is an appeal by Paulette D'Anne Carter from the refusal of the trial court to set aside a default judgment and a final judgment adjudicating divorce and custody. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 09/18/01 | |
| Mitchell Anderson vs. Dr. Ken Warren
W2000-02649-COA-R3-CV
Buyers of home sued sellers for damages resulting from numerous defects in home not disclosed to buyers and in direct contradiction of the representations made about the property. The trial court found sellers had fraudulently misrepresented the condition of the property and awarded damages. Sellers appeal. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 09/18/01 | |
| John E. Gaines vs. TN Dept. of Correction
M2001-00268-COA-R3-CV
John E. Gaines is an inmate in the custody of the Tennessee Department of Correction and while in custody at Middle Tennessee Correctional Complex Annex was a work release inmate. He was charged with violation of T.D.O.C. policy for failure to timely appear at his job site pickup station following the workday of May 10, 2000. Upon conviction in prison disciplinary proceedings and exhaustion of appellate remedies within the Tennessee Department of Correction, he filed, in the Chancery Court for Davidson County, a petition for a writ of common law certiorari. The Chancellor sustained a motion to dismiss under T.R.C.P. 12(6) and, upon consideration of the record, we affirm the judgment of the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/18/01 | |
| Mitzi Lyne vs. George Price
W2000-00870-COA-R3-CV
This is an intentional interference with employment case. An at-will employee worked as a secretary for a university's athletic department. The employee was discharged when she allegedly refused to cooperate with her supervisor and remain silent about conduct she believed was illegal and in violation of the university's policies. The employee filed a lawsuit against, among others, her former supervisor in both his individual and his official capacities for intentional interference with her employment with the university. The trial court dismissed the complaint in its entirety. The employee appeals the dismissal of the claims against the former supervisor in his individual capacity. We reverse, finding that the employee's complaint states a cause of action based on the allegations that the employee's supervisor procured her discharge to further his own personal interests and for reasons unrelated to furthering the interests of the university.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 09/18/01 | |
| Donna Harris vs. Rulon Harris/Paige Williams vs. F. Beach Jr.
W2001-00502-COA-R3-CV
This appeal involves a realtor's commission for a failed sale of real property that was jointly owned by parties to a divorce. Upon the divorce of the property owners, the court ordered that their residence be sold. Having a listing agreement with a realtor in place, a contract for the purchase of the property was signed. After difficulty consummating the sale, the realtor and the purchaser intervened in the divorce and were granted specific performance of the contract. The court's order set a closing date and an alternative divestiture closing date in case the parties again refused to cooperate. As contemplated by the court, the divorcing property owners failed to attend the closing and a date for the divestiture closing was set. A foreclosure was to occur, however, before the divestiture closing. One hour before the foreclosure, the purchaser under the contract acquired the note and allowed the foreclosure to proceed. The purchaser then acquired the remaining interest in the property at the foreclosure. The chancery court ordered the purchaser to pay to the realtor a commission on the amount paid for the note. The purchaser appealed, and for the following reasons, we reverse.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/17/01 | |
| Wright Medical Tech. vs. Bernard Grisoni & Biogeneration Inc.
W2000-01302-COA-R7-CV
This case involves the alleged use of confidential information by an ex-employee. The defendant employee worked for the plaintiff employer developing a medical product. The employee signed an agreement prohibiting the use of confidential information after his employment ended, but did not sign a non-competition agreement. The employee was terminated and thereafter began manufacturing a competing medical product. The plaintiff employer sued and obtained a temporary injunction prohibiting the ex-employee from manufacturing the product. The trial court later dissolved the injunction. Subsequently, it found the defendant employer liable for malicious prosecution and punitive damages, awarding damages of over $9 million. The employer appeals. We affirm in part, reverse in part and modify. We reverse the finding of malicious prosecution, holding that the evidence is insufficient to establish malice or lack of probable cause. We also reverse the award of punitive damages. We affirm the trial court's dissolution of the injunction against the former employee, and find that the compensatory damages are limited by the amount of the injunction bond. Consequently, the award of compensatory damages is modified to this amount.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/17/01 | |
| Tn Farmers Mutual vs. Ford Motor
W2001-00046-COA-R3-CV
This is a consolidated appeal of three products liability cases. Three vehicles manufactured by the defendant automobile company were destroyed by spontaneous combustion, allegedly caused by a defective steering column. No personal injuries resulted from the fires, and no other property was damaged. The plaintiff insurance company, which insured the cars, paid the owners the value of the vehicles. The insurance company, as subrogee for the insureds, then filed the actions below, seeking to recoup the payments from the defendant automobile manufacturer to the insureds on a theory of products liability. The trial court dismissed the actions, holding that the economic loss doctrine precluded recovery in tort, because the product damaged only itself in each case. The plaintiff insurance company now appeals. The appeals were consolidated for purposes of our review. We affirm the trial court in all respects, finding that the economic loss doctrine precludes recovery in these cases.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 09/17/01 | |
| Health Cost Controls vs. Ronald Gifford
W2001-02267-COA-RM-CV
This is an insurance case on remand from the Tennessee Supreme Court. The Court has directed us "to reconsider the case on its merits in accordance with . . . York v. Sevier County Ambulance Auth., 8 S.W.3d 616 (Tenn. 1999)," which was decided after the appellate briefs were filed in the initial appeal. In York, the Supreme Court established that the "made whole" doctrine, applicable in cases involving an insurer's subrogation rights, is also applicable in cases involving an insurer's right to reimbursement for amounts paid to the insured from another source. After careful consideration, we find that York does not affect our original disposition of this case, and, therefore, on remand, we affirm the decision of the trial court.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan |
Weakley County | Court of Appeals | 09/17/01 | |
| Eddie McPeak vs. Mufflers Inc.
W2001-00471-COA-R3-CV
This appeal concerns the proper amount of damages due to the Plaintiff after the Defendant damaged the engine in the Plaintiff's 1970 Dodge Challenger. Three witnesses provided testimony on the proper amount of damages that should be awarded to the Plaintiff. The trial court utilized the testimony of the Defendant's expert witness in assessing damages. The Plaintiff appeals the trial court's judgment, asserting that the Defendant's witness relied on untrustworthy information in forming his expert opinion. For the reasons set forth below, we affirm the judgment of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Roger A. Page |
Madison County | Court of Appeals | 09/17/01 | |
| William Eaton vs. Elnora Eaton
W2001-00576-COA-R3-CV
This case involves the sale of the plaintiff's land to the defendant. The plaintiff's attorney in fact, pursuant to a valid durable power of attorney, sold the land to the defendant. The trial court held that the transaction between the attorney in fact and the defendant was fair, valid and binding as to the plaintiff. The plaintiff, by next friend, appeals the ruling of the trial court. We affirm the judgment of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Dewey C. Whitenton |
Tipton County | Court of Appeals | 09/17/01 | |
| Dan Johnson v. Corrections Corporation of America,
W2001-00763-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 09/12/01 | |
| David Chilton v. James Austin
M2001-02891-COA-R3-CV
In an action between former partners, their various claims against each other were submitted to the jury. The jury returned a verdict that did not award damages to either side. One of the partners appeals, asserting that issues were submitted to the jury that should not have been submitted, that there is no evidence to support the verdict, and that the verdict was a result of passion and prejudice because it was returned the day after the tragedy in New York and Washington on September 11, 2001. We hold that the appellant waived any objection to the issues submitted to the jury, and that the objection to the verdict based on the lack of evidence cannot be sustained. We also fail to find any evidence that the events of September 11, 2001 had any effect on the jury. Therefore we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/11/01 |