APPELLATE COURT OPINIONS

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03A01-9707-CV-00292

03A01-9707-CV-00292
Court of Appeals 01/20/98
Smiley, et. al. vs. Walker

01A01-9704-JV-00164

Originating Judge:William C. Koch
Court of Appeals 01/16/98
Smiley, et. al. vs. Walker

01A01-9704-JV-00164

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 01/16/98
Griffin (Meyer) vs. Griffin

01A01-9704-CV-00190

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 01/16/98
Dowling, aka: Berle

01A01-9706-PB-00268

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 01/16/98
Dowling, aka: Berle

01A01-9706-PB-00268
Court of Appeals 01/16/98
Knight vs. City of Gallatin

01A01-9705-CV-00213

Originating Judge:Thomas Goodall
Court of Appeals 01/16/98
Wilson vs. Mcwherter

01A01-9706-CV-00266

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 01/16/98
City of Milan Hosp., et al vs. Rex Ferrell, et al

02A01-9703-CH-00068

Originating Judge:George R. Ellis
Gibson County Court of Appeals 01/15/98
Emma Smith vs. Hubert Smith

02A01-9709-CV-00223

Originating Judge:Filed
Shelby County Court of Appeals 01/14/98
Harvell vs. Williams

01A01-9706-CH-00258

Originating Judge:Jim T. Hamilton
Maury County Court of Appeals 01/14/98
Ogburn vs. Dept. of Corrections

01A01-9707-CH-00284

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 01/14/98
Ogburn vs. Dept. of Corrections

01A01-9707-CH-00284

Originating Judge:William C. Koch
Court of Appeals 01/14/98
Billie Russell vs. Pakkala M.D.

02A01-9703-CV-00053

Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Appeals 01/14/98
Stinson vs. 138 Fifth Avenue South, et. al.

01A01-9702-CV-00060

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 01/14/98
IN RE: Estate of O'Neal

03A01-9706-CH-00214
Court of Appeals 01/14/98
Ridley vs. Ridley

03A01-9708-GS-00350
Court of Appeals 01/13/98
Williamson vs. Sanders

03A01-9705-JV-00184
Court of Appeals 01/13/98
Haren vs. Haren

03A01-9707-CV-00253
Court of Appeals 01/13/98
Henson vs. Carte r

03A01-9706-CV-00230
Court of Appeals 01/13/98
Graves vs. Grady's

03A01-9708-CV-00336
Court of Appeals 01/13/98
Deroyal vs. Johnson

03A01-9708-CH-00328
Claiborne County Court of Appeals 01/13/98
M & M vs. Maples

03A01-9705-CH-00171
Court of Appeals 01/12/98
Robert J. McCurley, Patricia G. McCurley, v. City of Jackson, Tennessee, Charles Farmer, and J.B.Glassman and wife, Brenda Glassman, and Harold Angus

02A01-9703-CV-00059

This is an action in negligence arising out of the June 1993 acts of the appellant, Harold Angus, in demolishing the “Glassman” building, located at 111 North Highland Avenue in Jackson, pursuant to a contract with the city. Angus’ demolition of the building, which had been declared condemned by the city code, is not disputed. Nor is it disputed that, as a result of the building’s demolition, damage was sustained to the building located adjacent thereto, identified as the “Carmen’s” building, and owned by the appellees, Robert J. McCurley and wife, Patricia G. McCurley.1 The two buildings shared a common “party wall.” At issue in this case is whether Angus was negligent in its demolition of the Glassman building so as to be held legally accountable to the McCurleys for the damages they sustained. The case proceeded to a trial by jury where, at the close of all proof, the trial court directed a verdict in favor of the appellees on the issue of liability.2 Angus has appealed challenging the correctness of the trial judge’s decision in this regard. For the reasons hereinafter stated, we reverse and remand for a new trial.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Whit A. Lafon
Madison County Court of Appeals 01/09/98
Tennessee Department of Health, Division of Health Related Boards and The Board of Medical Examiners, v. W. Dwight Frisbee, M.D.

01A01-9511-CH-00540

This appeal presents an issue of first impression concerning the evidentiary standards applicable to disciplinary proceedings involving licensed physicians. The Tennessee Department of Health perfected an interlocutory appeal to the Chancery Court for Davidson County after an administrative law judge disqualified its expert witness for failing to satisfy the locality rule generally applicable in medical malpractice cases. The trial court reversed the administrative law judge’s decision after concluding that a physician’s conduct should be measured by a statewide standard of minimum competency rather than a particularized local standard of care. While the administrative law judge’s decision was correct with regard to two of thecharges, we affirm the trial court’s decision in part because several of the charges in this proceeding only require proof that a physician has failed to meet statewide, minimal competency standards.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 01/09/98