APPELLATE COURT OPINIONS

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State., ex. rel. Peggy Richardson vs. Richardson

01A01-9706-CV-00274

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 09/23/98
03A01-9708-CH-00431

03A01-9708-CH-00431
Court of Appeals 09/23/98
Crye-Leike Realtors vs. WDM

02A01-9711-CH-00287

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 09/23/98
Baumgardner & wife vs. ACD Tridon North America

01A01-9806-CV-00307

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 09/23/98
Johnson vs. Dept. of Corrections

01A01-9710-CH-00586

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 09/23/98
Vickie Lewis v. Otis Campbell & Robert Dinwiddie

M2000-03092-COA-R3-CV
This case involves allegations of medical malpractice and misrepresentation. In September 1998, the plaintiff patient began visiting the office of the defendant physician for medical treatment. In February or March 1999, the patient discovered that the person treating her was not the defendant physician. In June 1999, the patient discovered that the person treating her was a pharmacist. In April 2000, the plaintiff patient filed a lawsuit against the physician and the pharmacist, asserting medical malpractice and misrepresentation. The trial court granted summary judgment to the defendants based on the one-year statute of limitations. The plaintiff now appeals. We affirm, finding that plaintiff had sufficient knowledge in February or March 1999 to put her on notice of her cause of action, and, consequently, her April 2000 lawsuit was barred by the statute of limitations.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Charles D. Haston, Sr.
Warren County Court of Appeals 09/22/98
James Carroll vs. Carolyn Whitney

02A01-9707-CV-00162

Originating Judge:Janice M. Holder
Shelby County Court of Appeals 09/22/98
Miller vs. Miller

M1999-00226-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/21/98
Stroud vs. Seaton

03A01-9802-CV-00060
Anderson County Court of Appeals 09/18/98
Peggy Arnold vs. Dehoney Inter.

02A01-9803-CV-00075

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 09/18/98
Charles Haynes vs. Robert Conley

02A01-9803-CH-00066

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Appeals 09/15/98
Godwin Aircraft vs. Wayne Walker

02A01-9708-CV-00187

Originating Judge:Karen R. Williams
Shelby County Court of Appeals 09/15/98
Brown vs. McMullin, et. al.

01A01-9710-CH-00561

Originating Judge:James L. Weatherford
Lawrence County Court of Appeals 09/14/98
Gleaves vs. Checker Cab Transit & Mosley

01A01-9710-CV-00577

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 09/14/98
Scott Grahm Hartman, Kay Hartman, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, State of Tennessee, et. al .

01A01-9804-BC-00196

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Commission W.R. Baker
Davidson County Court of Appeals 09/14/98
Donegan vs. Donegan

01A01-9709-CH-00469

Originating Judge:James L. Weatherford
Dickson County Court of Appeals 09/14/98
Scott Graham Hartman, Kay Hartment, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, and The State of Tennessee

01A01-9804-BC-00196

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Commissioner W. R. Baker
Court of Appeals 09/14/98
Keown vs. Fiddler's Inn, d/b/a: Fiddler's Inn North

01A01-9712-CV-00730

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 09/14/98
Dorothy Ahern vs. Robert Ahern

02A01-9708-CV-00190

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 09/11/98
Margaret Haas vs. Michael Haas

02A01-9709-CV-00241

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 09/11/98
Edith Stromatt, v. The Metropolitan Employee Benefit Board of the Metropolitan Government of Nashville and Davidson County, Tennessee

01A01-9707-CH-00354

The appellant in this action is Edith Stromatt, a former employee of the Metropolitan Government of Nashville, Tennessee. When Ms. Stromatt sought disability with the Metropolitan Employee Benefit Board ("the Benefit Board"), she was granted a medical disability pension; however, she was denied the inline- of-duty pension (IOD) that she desired. Ms. Stromatt brought suit in chancery court claiming that the Benefit Board erred in its failure to grant her an IOD pension. She also claims that the Benefit Board denied her the constitutional right to be heard prior to its decision. The trial court agreed with the conclusions of the Benefit Board and dismissed Ms. Stromatt's appeal.

Authoring Judge: Special Judge Walter W. Bussart
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 09/02/98
State of Tennessee v. Marlon Madison -Concurring

01-A-01-9711-CV-00676

The Juvenile Court of Pickett County found a juvenile to be delinquent for selling marijuana to a classmate. He appealed to the Circuit Court, which likewise found him to be delinquent, and placed him on probation with the Department of Childrens’ Services. We reverse the Circuit Court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge John J. Maddux
Pickett County Court of Appeals 09/02/98
Adolph C. Lavin and Jean Lavin, surviving parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estate of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon

01A01-9709-CV-00455

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 09/02/98
Jennifer O. Wilson (Oakley), v. Larry Arnold Wilson

01A01-9707-CV-00325

In a documentary on how to complicate a simple divorce, this case would serve as a highlight film. After the trial court finally entered a final judgment, the parties on appeal argue about the trial judge’s refusal to recuse herself, a pre-nuptial agreement, the division of marital property, the award of attorney’s fees, and certain injunctions involving the custody and visitation with the parties’ minor child. We modify the judgment to give Dr. Oakley a $2,000 credit for her separate property awarded to Mr. Wilson and to make the judgment for attorney’s fees run to Mr. Wilson instead of his lawyer. In all other respects we affirm the judgment below.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 09/02/98
Adolph C. Lavin and Jean Lavin, Surviving Parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estated of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon

01A01-9709-CV-00455

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Barbara Haynes
Davidson County Court of Appeals 09/02/98