APPELLATE COURT OPINIONS

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Herbert Carson Branum, v. City of Maynardville, Paul Bowman, Bill P. Graves, Russell Gillenwater, Len Padgett, and H.E. Richardson

03A01-9604-CH-00127

Plaintiff Herbert Carson Branum appeals dismissal of his suit against the City of Maynardville and its Commissioners, seeing reinstatement to his position as Water Commissioner and damages for his wrongful discharge, both compensatory and exemplary. He also seeks an order enjoining the Defendants "from any further ultra vires acts against the Plaintiff" based upon his contention that they had violated certain of our State Statutes.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Billy Joe White
Union County Court of Appeals 11/06/97
City of Memphis v. The Civil Service Commission of the City of Memphis and Stanley Shotwell

02A01-9512-CH-00289

This case involves a chancery court review of a decision by a civil service commission. The
commission had ordered the reinstatement of a police officer. The chancery court reversed the
commission’s decision, upholding the termination of the officer’s employment. We affirm the
decision of the chancery court.

Authoring Judge: Judge Holly Kirby Lillard
Shelby County Court of Appeals 11/04/97
Paul Farnsworth, A/K/A Ronnie Bradfield, v. Richard Kenya, et al.

02A01-9707-CV-00145

The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya,1 Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled.

Authoring Judge: Judge David R. Farmer
Lake County Court of Appeals 11/04/97
First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childers

03A01-9704-CH-00134

This appeal is from a summary judgment granted to plaintiff against defendants by the Trial Judge. Essentially, defendants insist that the record contains evidence of misrepresentations of the value of the property by plaintiff’s agents, which was 1Triggs’ and Childers’ earlier affidavits apparently claim that Stooksbury showed them both Smith appraisals. Their later affidavits, however, refer only to the second Smith appraisal. 2 purchased by defendants, and that these representations are actionable under their counter-claims.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Chancellor Sharon Bell
Knox County Court of Appeals 11/03/97
Kenneth F. Taggart and wife, Toni Corwin, v. Bart Richards and Blue Cross Blue Shield of Tennessee

03A01-9707-CV-00262

This is an action for damages for personal injuries allegedly occurring on April 9, 1993 in the early evening, when the vehicle operated by the plaintiff was struck by a vehicle operated by the defendant. Upon trial, a jury returned a verdict for the plaintiff establishing damages at $8,445.00 and further determined that defendant was 51% at fault for the accident. The Trial Judge approved the verdict and plaintiffs have appealed.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Richard E. Ladd
Sullivan County Court of Appeals 11/03/97
Cody Glasner, a minor, by next friend and parents, Deryl and Polly Glasner, and Deryl and Polly Glasner individually, v. John Howick, M.D., Humana of Tennessee Inc., John A Shull, M.D., Jane L. Rohrer, M.D. and William D. Crawley, M.D.

03A01-9612-CV-00401

This is a medical malpractice action brought by Deryl and Polly Glasner individually and as parents and next friend of Cody Glasner, who was born October 6, 1991.1 As winnowed by pleadings, the surviving claim is on behalf of Cody, who was born brain dead. The parents of Cody conceded that their individual claims were time-barred.  This condition is known as a prolapsed cord. His resuscitation is alleged to have been contrary to the prevailing standard of care in this jurisdiction, since he had no reasonable prospect for a qualitative life.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Robert M. Summitt
Hamilton County Court of Appeals 11/03/97
State of Tennessee Department of Children's Services v. Yvonne Bardin - Concurring

03A01-9705-JV-00152

The parental rights of Yvonne Bardin were terminated by the Juvenile Court of Hamilton County and she appeals. Four (4) children are involved. The issue presented for review is whether the evidence is clear and convincing. We find that it is and affirm.

Authoring Judge: Judge William H. Inman
Originating Judge:Judge Suzanne Bailey
Hamilton County Court of Appeals 11/03/97
Volunteer Beer, Inc. vs. Johnson, Jr.

01A01-9703-CH-00126

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 10/31/97
Fortunes vs. Watson

03A01-9705-CV-00164

Originating Judge:James B. Scott, Jr.
Anderson County Court of Appeals 10/31/97
State Dept. of Children Svcs vs. Manier

01A01-9703-JV-00116

Originating Judge:John B. Melton
Cannon County Court of Appeals 10/31/97
Engenius Entertainment vs. W. W. Herenton, et al

02A01-9704-CH-00078

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 10/31/97
Dan Lomax vs. JMCGH

02A01-9706-CH-00116

Originating Judge:Joe C. Morris
Madison County Court of Appeals 10/31/97
Cook vs. Brookside

03A01-9706-CV-00212
Court of Appeals 10/31/97
Shofner vs. Red Food Stores (TN)

01A01-9609-CV-00437

Originating Judge:Lee Russell
Bedford County Court of Appeals 10/31/97
Donald D'Amico vs. James Davenport, et al

02A01-9705-CH-00097

Originating Judge:Joe C. Morris
Court of Appeals 10/31/97
John Tigrett vs. Union Planters Bank

02A01-9703-CV-00057

Originating Judge:Robert L. Childers
Shelby County Court of Appeals 10/31/97
Pait vs. City of Gatlinburg

03A01-9704-CH-00142
Sevier County Court of Appeals 10/30/97
First American vs. Fitzgerald

03A01-9704-CH-00131
Court of Appeals 10/30/97
Cofer vs. Cofer

03A01-9705-CV-00173
Court of Appeals 10/30/97
In Re: Meader

03A01-9707-CH-00252
Bledsoe County Court of Appeals 10/30/97
Whittle-Wolfe vs. Wolfe

03A01-9704-CV-00107
Court of Appeals 10/30/97
Alcazar vs. Hayes

03A01-9707-CV-00285
Bradley County Court of Appeals 10/30/97
Poats vs. Nelson

03A01-9704-CH-00138
McMinn County Court of Appeals 10/30/97
Marcella J. Cheek, v. Margaret Culpepper, Commissioner of Employment Security and Galen Internal Medicine Group, P.C.

03A01-9706-CH-00218

The Appeals Tribunal and the Board of Review held that this appellee was disqualified to receive unemployment insurance benefits because she voluntarily quit her job without good cause. Judicial review was sought by the appellee, and the decision of the Board of Review was reversed by the Chancellor, who found that “there was no substantial evidence to support the finding of fact that the petitioner’s shift change was temporary.” The employer appeals and presents for review the propriety of the reversal of the decision of the Board of Review.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Earl H. Henley
Bradley County Court of Appeals 10/30/97
Mullins vs. Mullins

03A01-9705-CH-00153
Court of Appeals 10/30/97