APPELLATE COURT OPINIONS

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Lynn/Rhonda Harris vs. Susan Thurmond

02A01-9803-CV-00074

Originating Judge:Jon Kerry Blackwood
Shelby County Court of Appeals 03/17/99
State vs. Nathan Lee Colquit

03C01-9706-CR-00198

Originating Judge:Stephen M. Bevil
Hamilton County Court of Appeals 03/16/99
03C01-9601-CC-00009

03C01-9601-CC-00009

Originating Judge:Arden L. Hill
Washington County Court of Appeals 03/16/99
Howse vs. State

01A01-9809-BC-00489

Originating Judge:Thomas Stovall
Court of Appeals 03/12/99
Knoble vs. Taylor

01A01-9803-CH-00153

Originating Judge:Irvin H. Kilcrease, Jr.
Court of Appeals 03/12/99
Rogers vs. State

01A01-9803-BC-00160
Court of Appeals 03/12/99
Butler vs. Dept. of Correction

01A01-9804-CH-00172

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/12/99
Griffin vs. Shelter Mutual Ins. Co.

01A01-9712-CH-00700

Originating Judge:Ben H. Cantrell
Court of Appeals 03/12/99
Baldwin et al vs. Pirelli Armstrong et al

01A01-9804-CV-00195

Originating Judge:Ben H. Cantrell
Court of Appeals 03/12/99
Ellis vs. Trentham

03A01-9806-CH-00204
Court of Appeals 03/10/99
Stewart vs. Stewart

03A01-9806-CV-00180
Court of Appeals 03/10/99
03A01-9804-CV-00145

03A01-9804-CV-00145
Court of Appeals 03/10/99
03A01-9804-CV-00145

03A01-9804-CV-00145
Court of Appeals 03/10/99
Sherer vs. Linginfelter

03A01-9805-CV-00168
Court of Appeals 03/10/99
Tn Farmers Mutual Ins. vs. Inman

03A01-9808-CV-00246
Court of Appeals 03/10/99
Howell vs. Chase

03A01-9810-CV-00340
Court of Appeals 03/09/99
Robert D. Fulcher, III and wife, Eleanor Fulcher and Allen-Fulcher Partnership, v. R. Chancellor Allen and H. Stanley Allen, Trustee, and Harwell-Allen Partnership

01A01-9802-CH-00090

This appeal involves a dispute between partners. Plaintiffs-Appellants, Robert D. Fulcher III, Eleanor Fulcher, and Allen-Fulcher Partnership, appeal the trial court’s ruling in favor of Appellees, R. Chancellor Allen, H. Stanley Allen, and Harwell-Allen Partnership.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Irvin H. Gilcrease, Jr.
Davidson County Court of Appeals 03/09/99
Steven Meredith Garmon v. Fisk University, Henry Ponder, President, Reavis L. Mitchell, Dean of Academic Affairs

01A01-9803-CH-00132

A white college professor denied tenure sued his university employer for breach of contract and racial discrimination. The Chancery Court of Davidson County dismissed both claims. We reverse the judgment dismissing the contract claim and affirm the ruling on the discrimination claim.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 03/09/99
Michelle Ball for herself and next of kind of Miranda K. Ball, Deceased, v. Hamilton County Emergency Medical Services

03A01-9804-CV-00139

This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination:

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge W. Neil Thomas, III
Court of Appeals 03/09/99
Vanderbilt University Medical Center v. The County of Macon, Lafayette, Tennessee - Concurring

A01-9712-CH-00707

Vanderbilt University Medical Center (“Vanderbilt”) filed suit in the Chancery Court of Davidson County against Macon County (“County”) seeking a judgment against County in the amount of $20,671.95 for medical services rendered by Vanderbilt in Nashville to an inmate who had been in the  custody of County and who had been brought to Vanderbilt for treatment. Both Vanderbilt and County filed motions for summary judgment,  supported by affidavit or affidavits. Following a hearing, the chancellor denied County’s summary judgment motion and granted summary  judgment in favor of Vanderbilt. On appeal, County has raised two issues which are as follows:


1. Did the trial court err in ruling that venue was proper in Davidson County; 2. In granting Vanderbilt’s motion for summary judgment.

Authoring Judge: Judge Hewitt P. Tomlin, Jr.
Originating Judge:Chancellor Irvin H. Kilcrease
Davidson County Court of Appeals 03/09/99
Underwood vs. Charter Federal

03A01-9809-CV-00288
Court of Appeals 03/08/99
Gouge vs. Ryan

03A01-9805-CV-00174
Court of Appeals 03/08/99
02A01-9804-CH-

02A01-9804-CH-

Originating Judge:C. Neal Small
Shelby County Court of Appeals 03/05/99
Kenneth Larry Mangum, v. Golden Gallon Corporation

01A01-9709-CV-00459

This premises liability action involves a disabled person who was injured when he tripped on a floor mat while entering a convenience market in Decherd. The patron’s suit against the market, originally filed in the Chancery Court for Franklin County but later transferred to the Circuit Court for Franklin County, alleged that the market had created a dangerous condition, especially for patrons using crutches, by placing the floor mat at its entrance. The market moved for summary judgment, relying on the deposition testimony of the patron, two employees of the market, and the market's surveillance camera videotape of the patron’s fall. The trial court granted the motion, and the patron has appealed. We have determined that the market is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment.
 

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Buddy D. Perry
Franklin County Court of Appeals 03/05/99
02A01-9712-CV-

02A01-9712-CV-

Originating Judge:James F. Russell
Shelby County Court of Appeals 03/05/99