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Roane County | Court of Appeals | 11/18/96 | |
Mary J. Drozd, v. Hermitage Villa Condominiums Homeowners Association, Inc., Hillsboro Property Management Company, Inc., and Gary Waller and State of Tennessee
01A01-9408-CV-00366
From the decision of the Trial Court dismissing a portion of the original complaint and from the subsequent decision of the Trial Court granting summary judgment for the Defendants as to a second ground of recovery sought, the Plaintiff was granted an interlocutory appeal to this court.
Authoring Judge: Special Judge Robert E. Corlew, III
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 11/17/96 | |
Linda Plunk v. National Health Investors
M1999-01596-COA-R3-CV
This appeal involves a nursing home visitor who injured herself by stepping into a grassy depression in the building's landscaping. The visitor and her husband filed suit in the Circuit Court for Lawrence County alleging that the nursing home's owner had failed to maintain the premises in a reasonably safe condition. A jury apportioned sixty percent of the fault to the nursing home and forty percent to the visitor and awarded the visitor $40,000 for medical expenses and permanent impairment. Both parties filed post-trial motions after the trial court entered a $24,000 judgment for the visitor. The visitor and her husband sought a new trial or an additur because the jury had not awarded damages for pain and suffering. The nursing home filed a Tenn. R. Civ. P. 50.02 motion for a judgment in accordance with its motion for a directed verdict. The trial court denied the nursing home's motion and suggested a $5,000 additur. The nursing home accepted the additur, and both parties appealed. The visitor asserts that the trial court erred by failing to grant a new trial, and the nursing home asserts that the trial court erred by denying its Tenn. R. Civ. P. 50.02 motion. We have determined that the trial court erred by denying the nursing home's Tenn. R. Civ. P. 50.02 motion because it was not reasonably foreseeable that visitors would be walking on the grassy area where the plaintiff fell. Accordingly, we reverse the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Robert L. Jones |
Lawrence County | Court of Appeals | 11/17/96 | |
01A01-9605-CH-00208
01A01-9605-CH-00208
Originating Judge:Leonard W. Martin |
Humphreys County | Court of Appeals | 11/13/96 | |
01A01-9510-CH-00450
01A01-9510-CH-00450
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/13/96 | |
02A01-9507-CH-00146
02A01-9507-CH-00146
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 11/13/96 | |
01A01-9605-GS-00237
01A01-9605-GS-00237
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 11/13/96 | |
01A01-9604-CH-00152
01A01-9604-CH-00152
Originating Judge:Ellen Hobbs Lyle |
Wilson County | Court of Appeals | 11/13/96 | |
01A01-9511-CV-00503
01A01-9511-CV-00503
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 11/13/96 | |
01A01-9603-CH-00098
01A01-9603-CH-00098
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/13/96 | |
01A01-9608-CH-00364
01A01-9608-CH-00364
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 11/13/96 | |
02A01-9511-CV-00251
02A01-9511-CV-00251
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 11/12/96 | |
03A01-9604-CV-00153
03A01-9604-CV-00153
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Court of Appeals | 11/12/96 | ||
02A01-9607-CV-00156
02A01-9607-CV-00156
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 11/12/96 | |
03A01-9605-CH-00162
03A01-9605-CH-00162
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Court of Appeals | 11/12/96 | ||
03A01-9602-JV-00043
03A01-9602-JV-00043
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Claiborne County | Court of Appeals | 11/12/96 | |
David Hutton v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee - Dissenting
01A01-9601-CH-00023
The majority has decided that Tenn. Code Ann. § 67-6-510 (1994) permits the purchaser of a used jet aircraft to reduce his state tax liability by deducting the value of a previously owned prop-driven aircraft from the purchase price of the jet aircraft. I do not agree that Tenn. Code Ann. § 67-6-510 applies to the purchase of the jet because the transaction does not involve a trade or series of trades.
Authoring Judge: Judge William C. Koch, Jr.
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Giles County | Court of Appeals | 11/08/96 | |
Ty Farming Company, Inc., v. George Belew and The County of Dyer, Tennessee
02A01-9510-CV-00232
Plaintiff-Appellant, TY Farming Company, Inc. (“TY Farming”), appeals the judgment of the trial court denying TY Farming’s claims against Defendants-Appellees Dyer County (“Dyer County”) and George Belew (“Belew”) relative to a dirt road which crossed properties owned by TY Farming, Belew, and other landowners in Dyer County. The trial court found that the dirt road had been abandoned by the County and the general public, that the road was no longer a public road, and, therefore, that the County had no obligation to maintain the road. Accordingly, the judgment denied TY Farming’s claim for damages against the County and dismissed the County from the lawsuit. With regard to TY Farming’s claim against Belew, the judgment granted TY Farming an easement across the property of Belew. The trial court further found that Belew had deprived TY Farming of its previously existing easement of ingress and egress to its property, but the court found that TY Farming had suffered no damages because it had continuous access to its property by another route. Accordingly, the trial court denied TY Farming’s claim for damages against Belew and dismissed TY Farming’s complaint in its entirety.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Joe G. Riley. Jr. |
Dyer County | Court of Appeals | 11/08/96 | |
Gate Pharmeceuticals, a Division of the Lemmon Company, v. Tennessee Board of Medical Examiners
01A01-9510-CH-00451
This Board added this language in its amendment to the original version of the rule. This case involves a challenge to the validity of a rule promulgated by the Tennessee Board of Medical Examiners. Gate Pharmaceuticals appeals the judgment of the trial court upholding the rule’s validity. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/08/96 | |
David Hutton, v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee - Dissenting
01A01-9601-CH-00023
The majority has decided that Tenn. Code Ann. § 67-6-510 (1994) permits the purchaser of a used jet aircraft to reduce his state tax liability by deducting the value of a previously owned prop-driven aircraft from the purchase price of the jet aircraft. I do not agree that Tenn. Code Ann. § 67-6-510 applies to the purchase of the jet because the transaction does not involve a trade or series of trades.
Authoring Judge: Judge William C. Koch, Jr.
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Giles County | Court of Appeals | 11/08/96 | |
Thomas Tarpley, v. Charles Traughber, Chairman, Tennessee Board of Paroles
01A01-9608-CH-00365
The captioned plaintiff, an inmate of the Department of Corrections, filed this suit for certiorari from an adverse decision of the Board of Paroles. The Trial Court dismissed the suit for failure to state a claim for which relief can be granted.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 11/08/96 | |
Gary Bernard Sanders, v. Don Sundquist, Governor of State of Tennessee, et al.
01A01-9608-CH-00363
The captioned plaintiff, an inmate of the Department of Correction, filed this suit against the Governor, Commissioner of Correction and Commissioner of Correction, seeking a declaration of his rights to release from incarceration. The defendants filed a motion to dismiss supported by affidavit of an official of the Department of Correction. The motion was therefore a motion for summary judgment. T.R.C.P. Rule 12.02.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 11/08/96 | |
David Via and wife, Patty Via, v. Jimmy Joe Welch, Herman Reed and Tommy Reed
02A01-9507-CH-00157
This is a suit brought by Plaintiffs-Appellants, David Via and his wife Patty Via (“Via”), against Defendants-Appellees, Jimmy Joe Welch, Herman Reed and Tommy Reed (collectively
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor John Walton West |
Carroll County | Court of Appeals | 11/07/96 | |
Barbara Beem, v. Robert Alan Beem
02A01-9511-CV-00252
Defendant-Appellant, Robert Alan Beem (“Husband”), appeals the judgment of the trial court ordering him to pay child support, alimony, and attorney’s fees to Plaintiff-Appellee, Barbara Beem (“Wife”).
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge George H. Brown, Jr. |
Shelby County | Court of Appeals | 11/05/96 | |
Helen Bond Scofield, v. Stephen David Scofield
02A01-9512-CH-00276
This case involves a petition for increase of child support. Petitioner, Stephen David Scofield (Father), appeals from the trial court’s order denying his petition to modify the parties’ final decree of divorce to increase child support payments by Respondent, Helen Bond Scofield 2 (Mother).
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Joe G. Riley, Jr. |
Court of Appeals | 11/05/96 |