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| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Randall B. Coward vs. Blount County
E2000-02378-COA-R3-CV
Randall B. Coward ("Plaintiff") was incarcerated in the Blount County jail after being charged with DUI. Plaintiff claims he was sitting on the bed in his cell when the mattress shifted causing him to fall to the floor, landing on his head. Plaintiff says there was a full size mattress on a twin size frame with the mattress extending over the frame by six to eight inches. Plaintiff sued alleging negligence and/or gross negligence on the part of Blount County ("Defendant"). Defendant filed a summary judgment motion and attached the affidavits of the Sheriff of Blount County and a deputy sheriff. Both of these individuals swear that there were two styles of mattresses in the jail, and both styles fit the bed frames. In response to the summary judgment motion, Plaintiff filed his own affidavit which stated that the mattress extended over the frame by six to eight inches and was a full size mattress on a twin size frame. The Trial Court granted Defendant's summary judgment motion. We conclude there is a genuine issue of material fact, and, therefore, vacate the judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Allied Sound, Inc. vs Eddie Neely & Johnny Davis
E2000-01095-COA-R3-CV
In this action alleging misrepresentation, concealment and fraud, the Trial Court granted defendants summary judgment on the grounds that it was unreasonable for plaintiff to rely on any representations made by defendants. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/29/01 | |
| Audie Lowe, et al vs. Bill Goad, et al
E2000-02056-COA-R3-CV
Audie Lowe, Hilda Lowe, and Sheilda Mills ("Plaintiffs") brought this boundary line suit against members of their family, Bill Goad, Mattie Goad, Eugene Olmstead, and Mae Olmstead ("Defendants"). Plaintiffs allege their predecessor-in-title, Arlie Overton, had an agreement with Defendants' predecessor-in-title, Sherman Overton, that a fence ("Fence") would serve as the boundary line. Plaintiffs' deed does not include the disputed area up to the fence. After a trial, the Trial Court dismissed Plaintiffs' complaint, holding that the Fence was not the boundary line by agreement or acquiescence. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 03/29/01 | |
| E2000-01095-R3-CV
E2000-01095-R3-CV
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/29/01 | |
| Susan Weissfeld vs. Steven Weissfeld
E2000-02233-COA-R3-CV
In this divorce action the Trial Court divided marital property, set child support, and granted wife limited rehabilitative alimony. Wife appealed. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 03/28/01 | |
| City of Knoxville, et al vs. Robert J. Taylor, et al
E2000-02329-COA-R3-CV
This is an appeal from a judgment entered in the Chancery Court for Knox County imposing certain punishment as to two members of the Knoxville Police Force, Officer Robert J. Taylor and his father, Sergeant Dick Taylor. The Administrative Hearing Officer at the initial hearing found no misconduct on the part of the Taylors which would justify any penalty. The Taylors appeal contending the Chancellor was in error and there was substantial and material evidence to support the Hearing Officer's determination. As to Sergeant Taylor we reverse the Chancellor's determination and as to Officer Taylor we affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 03/28/01 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 03/28/01 | |
| 2000-02223-COA-R3-CV
2000-02223-COA-R3-CV
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 03/28/01 | |
| E2000-01331-C0A-R3-CV
E2000-01331-C0A-R3-CV
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 03/28/01 | |
| James Crawford vs. Ray Thomason, et al
M1998-00926-COA-R3-CV
This appeal stems from a hostile work environment claim involving the Department of Streets and Signs of the City of Murfreesboro. After enduring approximately three years of racial harassment by his immediate supervisors, an employee of the Department of Streets and Signs filed suit in the Chancery Court for Rutherford County against the City of Murfreesboro, the city manager, and his two supervisors seeking damages and injunctive relief under the Tennessee Human Rights Act. The City moved for summary judgment, pointing out that the offending supervisors had been terminated less than one month after the employee brought their conduct to the attention of the public works director. The trial court granted the summary judgment and dismissed the complaint. The employee has appealed. After reviewing the record in light of the principles announced in Parker v. Warren County Util. Dist., 2 S.W.3d 170 (Tenn. 1999), we have determined that the City is entitled to a judgment as a matter of law. Accordingly, we affirm the summary judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/28/01 | |
| Keith Pfister vs. Tammy Searle (Moretti)
M2000-01921-COA-R3-JV
The appellant appeals from the trial court's judgment finding her in criminal and civil contempt for violation of an order establishing visitation for the father of her child. Because the appellant was not provided the notice required for criminal contempt, we vacate that holding; because the appellant complied with the court's order to produce her child, thereby purging her civil contempt, that judgment is now moot, and we decline to address it.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Lonnie R. Hoover |
Williamson County | Court of Appeals | 03/28/01 | |
| Lisa Venable vs. Boyd Venable
E2000-01543-COA-R3-CV
This divorce action was filed November 12, 1998. All issues involving money were contested: marital assets, debts, child support, attorney fees, costs.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Richard E. Ladd |
Sevier County | Court of Appeals | 03/28/01 | |
| Estate of Velma Russell vs. Knox County
E2000-02692-COA-R3-CV
The Estate of Velma Monroe Russell, which was substituted as a party Plaintiff after the death of Mrs. Russell after the suit was filed but prior to trial, sues Knox County for injuries to her as a result of an automobile accident at a four-way-stop intersection. The Trial Court found the County was guilty of no negligence proximately causing the accident and the injuries to Mrs. Russell. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 03/28/01 | |
| State, ex rel, Purlie Page, vs Ricardo Trabal
E2000-02738-COA-R3-CV
This action to establish paternity was dismissed by the Trial Court on the grounds of estoppel and laches. We reinstate the action and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 03/28/01 | |
| Michael Dawn Frisbey v. Dorothy Marie Frisbey
M1999-00717-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/28/01 | |
| Doris Tipton vs. Elizabeth Quinn
M1998-00951-COA-R3-CV
This is a breach of contract case involving agreements for Defendant to board and breed Plaintiff's horses for a share of the resulting foals. Shortly after the parties entered into an oral agreement, Defendant memorialized the agreement in a handwritten note. The agreement was subsequently reduced to more detailed writings by Plaintiff, which both parties signed. Plaintiff later claimed that Defendant breached portions of the agreement which required her to timely breed the mares, provide insurance, adequately care for and maintain the horses, provide adequate veterinary care for the horses, allow inspection of the horses, and halter-break foals. Defendant claimed that the agreement prepared by Plaintiff did not reflect the parties' original oral contract. The trial court granted Plaintiff partial summary judgment on the portion of her breach of contract claim alleging that Defendant failed to obtain insurance. After a bench trial, the court awarded Plaintiff compensatory damages for breach of contract as well as attorney's fees. Defendant appeals those decisions. We affirm as modified.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 03/28/01 | |
| Karen Stempa, et al vs. Walgreen Co., et al
E2000-02223-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 03/28/01 | |
| Craig Tatman vsl. Fort Sanders Medical Center
E2000-02163-COA-R3-CV
Craig Tatman ("Plaintiff"), a devout Jehovah's Witness, underwent heart surgery at Fort Sanders Regional Medical Center ("Defendant"). Prior to the surgery, the attending physician and Defendant were specifically informed that Plaintiff was not to receive any blood or blood products. While Plaintiff was recovering from the surgery, he experienced a dramatic decrease in blood pressure. The attending critical care nurse forgot that Plaintiff was a Jehovah's Witness and administered Protenate, a protein fraction derived from human plasma. This was contrary to Plaintiff's religious tenets. At trial, Defendant admitted that a medical battery had taken place. The only issue presented to the jury was compensatory damages resulting from the medical battery. No jury instruction was requested or given regarding nominal damages. The jury awarded no compensatory damages. Plaintiff filed a motion requesting an additur or a new trial. Plaintiff's motion was denied, and Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 03/27/01 | |
| Deborah Davis vs. Jerry Davis
E1999-02737-COA-R3-CV
This appeal from the Hamilton County Circuit Court questions whether the Trial Court erred in failing to approve Ms. Davis's Statement of the Evidence, in retroactively modifying child support, in determining the amount of Mr. Davis's mortgage obligation to Ms. Davis, and in determining the amount of attorney's fees Mr. Davis was ordered to pay Ms. Davis. We affirm the judgment of the Trial Court as modified and remand with directions.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 03/27/01 | |
| Kristin Huntley vs. William Huntley
E2000-01718-COA-R3-CV
In this child support modification action, the Trial Court held that a significant variance existed between William Sidney Huntley's ("Defendant") child support obligation set by the parties' Marital Dissolution Agreement ("MDA") and the amount mandated by the Child Support Guidelines ("Guidelines"). The Trial Court ordered an increase in child support consistent with the Guidelines. Because the Guidelines' flat percentage amount of child support totaled approximately $6,600 per month, the Trial Court ordered it be divided between child support payments of $3,100 and payments to a non-educational trust ("Trust") in the amount of $3,500. Defendant appeals and primarily contends that his child support obligation should not be increased to the Guidelines' flat percentage amount because that amount exceeds a reasonable amount of child support and because the MDA controls his child support obligation despite any increases in his income. Kristin B. Huntley ("Plaintiff") also raises issues on appeal, primarily regarding the Trust. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 03/27/01 | |
| Leon William G.C. vs. D.F. Shoffner Inc.
E2000-01877-COA-R3-CV
This is a suit by a general contractor against a sub-contractor for breach of contract and negligence in installing heating, ventilation and air conditioning equipment. The Trial Court granted summary judgment in favor of the sub-contractor, resulting in this appeal. We find in light of the Supreme Court case of Harris v. Chern, which was delivered after the Trial Court ruled on the motion to alter or amend, that the order overruling the motion should be vacated and the Trial Court should reconsider it in light of Harris. We accordingly vacate the order overruling the motion to alter or amend, and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/27/01 | |
| 2000-02174-COA-R3-CV
2000-02174-COA-R3-CV
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 03/26/01 | |
| Roy Schrimsher vs. Sherry Schrimsher
E2000-02169-COA-R3-CV
This is a post divorce custody dispute. Mother seeks custody of the two minor children because she believes the children are dependent and neglected. Father seeks an increase in child support for the children. Mother requested the Trial Judge to hear the testimony of the children who were 12 and 11 at the time. The children were the witnesses to the acts complained of in the petition to change custody. Mother could only present hearsay evidence from the children. The Trial Judge refused to hear the testimony of the children and continued custody with Father and increased Mother's child support. Mother then filed this appeal. We vacate the decision of the trial court and remand for the purpose hereinafter set out.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 03/26/01 |