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| Musson Theatrical vs. Federal Express
W2000-01247-COA-R3-CV
Plaintiffs, as shippers, sued defendant, FedEx Corporation, for fraud and misrepresentation because of defendant's practice of charging more for economy two-day service than for one-day service for certain packages. Defendant's motion to dismiss was granted on the basis of preemption by federal law, Airline Deregulation Act, and for failure to state a claim upon which relief can be granted. Plaintiffs appeal. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/26/01 | |
| State of Tennessee v. Bryan Herman Dowdy
W2000-01011-CCA-R3-CD
Defendant, Bryan Herman Dowdy, appeals his jury convictions for vehicular homicide by intoxication, two counts of vehicular assault, and felony evading arrest. He was sentenced to eight years and six months for vehicular homicide, two years for each of the vehicular assaults, and two years for felony evading arrest, with an effective sentence of ten years and six months. In this appeal, he raises the following issues for our review: (1) whether the evidence was sufficient to sustain his convictions; (2) whether items from his vehicle were improperly admitted; (3) whether his blood alcohol test result was improperly admitted into evidence; (4) whether the underlying DUI charge should have been severed; (5) whether he was improperly denied access to an officer's personnel file during cross-examination; (6) whether the trial court erroneously instructed the jury to use their "common sense;" and (7) whether his sentence was excessive. After our review of the record, we find all issues to be without merit and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 01/26/01 | |
| State of Tennessee v. Bobby J. Hughes
W1999-00360-CCA-R3-CD
The Defendant, Bobby J. Hughes, was indicted by the Shelby County Grand Jury for the offense of attempted second degree murder. He was subsequently tried by jury and found guilty of attempted second degree murder. In this appeal as of right, the Defendant argues (1) that the evidence was insufficient to support his conviction; (2) that the trial court erred by allowing into evidence four photographs of the victim's wounds; (3) that the trial court erred by allowing the victim to identify the Defendant from a photograph during trial; (4) that the trial court erred by allowing the State to question the Defendant about prior convictions after defense counsel concluded redirect examination; and (5) that the trial court erred by not instructing the jury on attempted voluntary manslaughter. We conclude that the trial court's failure to instruct the jury on the crime of attempted voluntary manslaughter as a lesser-included offense was plain error and was not harmless beyond a reasonable doubt. Accordingly, we reverse the Defendant's conviction and remand the case to the trial court for a new trial.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 01/26/01 | |
| Lula Moody vs. Gen. Motors
W2000-01658-COA-R3-CV
Plaintiffs sued General Motors Corporation and Townsend Chevrolet-Buick-Pontiac, Inc. as a result of injuries sustained by Ms. Moody as a result of a single car accident. In a separate complaint they sued Townsend alleging that it had sold them a purportedly new vehicle when in fact the odometer had been rolled back. The cases were consolidated for trial and the accident case resulted in a jury verdict in favor of the defendants. The case involving the odometer was dismissed by the trial court. Appellants failed to present this court with either a transcript or a statement of the evidence. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley |
Decatur County | Court of Appeals | 01/26/01 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 01/26/01 | ||
| Carroll Co. Waste vs. Odillion Collins
W1998-00754-COA-R3-CV
This case involves a dispute over issues surrounding Carroll County's imposition of a garbage collection fee on its residents. The trial court granted summary judgment to Plaintiff, and the Defendant appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 01/25/01 | |
| Billie Mae Manis vs. Donald Ralph Manis
E1999-01927-COA-R3-CV
Wife sought a divorce after 41 years of marriage on grounds of inappropriate marital conduct. With Husband acting pro se, the parties filed a Marital Dissolution Agreement. After retaining counsel, Husband withdrew the agreement and filed a counterclaim for divorce, also alleging inappropriate marital conduct. The Trial Court appointed a Special Master, who conducted two hearings and filed a lengthy and comprehensive Special Master's Report. Both parties filed Objections to the Report, and the Special Master held a third hearing addressing the issues raised in the parties' objections. Husband filed Objections to the Special Master's Amended Report. Wife had no objections to the Amended Report. The Trial Court held a fourth hearing, at which arguments of counsel and Husband's offer of additional proof were made. The Trial Court's Final Judgment adopted the Report of the Special Master, as amended, and affirmed the findings of fact and conclusions of law of the Special Master with minor exceptions. Husband raises ten issues, primarily involving the Special Master's valuation and distribution of marital assets and the amount of alimony he was ordered to pay. Wife contests the amounts awarded to her for periodic alimony and for her interest in the marital estate, and also claims that the Trial Court erred in not placing more restrictions on Husband's future business transactions so as to more fully protect her interest in her marital share. We affirm the judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 01/25/01 | |
| Alfredia J. Leach v. Henry I. Siegel Company, Inc.,
W1999-00923-WC-R3-CV
The defendants, Henry I. Siegel Co., Inc. and Royal Insurance Company (H.I.S.), appeal the judgment of the Circuit Court for Carroll County awarding the plaintiff, Alfredia Leach (Leach), fifty percent (5%) permanent partial disability to her right arm and twenty percent (2%) permanent partial disability to her left arm as being excessive. For the reasons stated in this opinion, we affirm the judgment of the trial court but modify the award to a single award of thirty-five percent (35%) permanent partial disability to both arms.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 01/25/01 | |
| M2000-00372-SC-RL-RL
M2000-00372-SC-RL-RL
|
Supreme Court | 01/25/01 | ||
| Rodney Stafford v. Sara Lee Corporation,
W2000-00705-WC-R3-CV
Employee was cleaning a machine at work while it was running, in violation of safety rules, and received an injury to his hand and arm. The trial court found willful misconduct and refused worker's compensation benefits. The panel finds that the evidence fails to preponderate against the Chancellor's findings, and affirms.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:R. Lee Moore, Jr., Judge |
Dyer County | Workers Compensation Panel | 01/25/01 | |
| Ch-00-0152-2
Ch-00-0152-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/25/01 | |
| David Coleman v. Lumbermens Mutual Casualty Company
W2000-01168-WC-R3-CV
Employee was injured when a sofa fell on him at work, and was awarded twenty five percent permanent partial disability to the body as a whole. On appeal, the award was affirmed, but the court determined that the evidence supported a finding of permanent partial disability for a psychiatric injury, and remanded to the trial court for a determination as to the percentage. Coleman v. Lumberman's Mutual Casualty Co., 2 Tenn. LEXIS 98; 2 WL 236424 (Tenn., March 2, 2). On remand the Chancellor determined that plaintiff was entitled to fifty percent permanent partial disability total for both shoulder and psychiatric injuries.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:Walter L. Evans, Chancellor |
Shelby County | Workers Compensation Panel | 01/25/01 | |
| Steve Mairose vs. FedEx
W2000-00076-COA-R3-CV
This appeal arises from a breach of contract claim brought by the Appellants against the Appellee. Following a six week jury trial, the jury entered a verdict in favor of the Appellants. The Appellee filed a motion for a judgment notwithstanding the verdict and, in the alternative, a motion for a new trial. The Chancery Court of Shelby County granted the Appellee's motion for a judgment notwithstanding the verdict and, in the alternative, granted a conditional new trial. The Appellants appeal the grant of the Appellee's motion for a judgment notwithstanding the verdict and the grant of a conditional new trial by the Chancery Court of Shelby County. For the reasons stated herein, we affirm in part, reverse in part, and remand this case for a new trial in accordance with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/25/01 | |
| State of Tennessee v. Larry M. Grigsby
E2000-00924-CCA-R3-CD
Larry M. Grigsby entered guilty pleas to one count of promoting prostitution and two counts of criminal simulation. The manner of service, including entitlement to probation and/or Community Corrections, was submitted to the trial court. The trial court denied any form of alternative sentencing based upon Grigsby's extensive prior criminal history and the failure of previous measures less restrictive than total confinement. On appeal, Grigsby argues that the trial court erred in denying an alternative sentence. After review, we conclude that the record supports the trial court's sentencing decision. The judgment, accordingly, is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 01/25/01 | |
| Donald Blackburn vs. Betty Blackburn
W2000-00393-COA-R3-CV
Executor of deceased's estate appeals the probate court order closing the deceased's conservatorship. The final order closing the conservatorship, among other things, set aside a part of the order appointing conservator which ordered the appointed conservator to convey to the ward real estate owned by the ward that she had previously conveyed to herself as attorney in fact for the ward. Executor appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donn Southern |
Shelby County | Court of Appeals | 01/25/01 | |
| Stoney Mccarter v. Transportation Insurance Company,
W1999-00667-WC-R3-CV
The plaintiff, Stoney McCarter, appeals the judgment of the Circuit Court of Shelby County granting defendants' motion for summary judgment. The trial court held plaintiff's court-approved lump sum settlement was not entered into pursuant to Tenn. Code Ann. _ 5-6-241(a)(1) and therefore could not be reopened pursuant to _ 5-6-241(a)(2). For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Robert L. Childers, Judge |
Carter County | Workers Compensation Panel | 01/25/01 | |
| Timothy Ellington vs. Linda Maddox
W2000-00948-COA-R3-CV
Natural father filed a petition to obtain custody of his son against the maternal grandmother and her husband, the child's custodians by previous court order. After an evidentiary hearing, the juvenile court denied father's petition and retained custody in the maternal grandmother and husband. Father appeals, and we reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. Roland Reid |
Haywood County | Court of Appeals | 01/25/01 | |
| In matter D.I.S.,
W2000-00061-COA-R3-CV
This case involves the termination of parental rights. The juvenile court, sua sponte, dismissed the petition to terminate the parental rights of the mother at the end of the petitioner's proof. The petitioner appeals. We affirm, finding that there is sufficient evidence to support the trial court's finding that termination of the mother's parental rights would not be in the child's best interest.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 01/25/01 | |
| Franklin Miller vs. Dept. Human Serv.
W2000-01088-COA-R3-CV
This case involves a denial of Medicaid benefits. The State of Tennessee Department of Human Services denied petitioner's application for Medicaid on a resource assessment which showed that petitioner had financial resources in excess of the $2,000.00 limit. The trial court found that the administrative agency incorrectly included petitioner's life insurance policy in the resource assessment and reversed the agency's order denying eligibility. The trial court remanded the case to the administrative tribunal to allow the petitioner to present further evidence regarding the percentage of ownership interest the petitioner had in the remaining assets. The Department of Human Services appeals. We affirm in part and reverse in part.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/24/01 | |
| Exxon Corp. vs. Metro Gov't, et al
M2000-00614-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/24/01 | |
| Audrey Moss vs. Sheila Sankey
W2000-00659-COA-R3-CV
This appeal arises from a negligence action arising out of a vehicular accident. Driver was turning onto a main road from a side street without the right-of-way. As she emerged from the side street, she was struck by Worker, an employee of Company, whose wrecker had been driving on the road. The collision diverted the wrecker into the oncoming lanes of traffic, where it struck a car driven by Plaintiff. Plaintiff brought suit against Driver, Worker and Company for her injuries. A jury found Driver 100% liable for the injuries. Plaintiff appealed stating that the verdict was against the preponderance of the evidence, that the judge had incorrectly denied a motion for a new trial, and that a sleeping juror had violated Plaintiff's right to a trial by jury. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 01/24/01 | |
| Reid vs. Lutche
M1997-00229-COA-R3-CV
This appeal involves a prisoner's challenges to the Department of Correction's inmate grievance procedures and to an unfavorable disciplinary decision. After the Department denied his requests for a declaratory order, the prisoner filed suit in the Chancery Court for Davidson County seeking declaratory relief and judicial review of the disciplinary proceeding. The trial court dismissed the prisoner's suit because it failed to state a claim upon which relief could be granted. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/24/01 | |
| Annie Truett, Glenda & Marvin Plunk vs. Wayne Bowman
W2000-00514-COA-R9-CV
This is a medical malpractice case. The plaintiff's decedent allegedly was improperly intubated in preparation for hip replacement surgery. The plaintiff sued the orthopedic surgeon, the nurse anesthetist, and two anesthesiologists involved in the surgery. The trial court entered summary judgment in favor of the surgeon, based in part on the assertion of the surgeon and his attorney that the surgeon was responsible only for the orthopedic aspect of the decedent's care. Two years later, the other defendants, also represented by the same attorney who represented the surgeon, testified in depositions that, in contrast to the surgeon's assertions, the surgeon had broad responsibility for the decedent's care. In light of this testimony, the trial court granted the plaintiff's motion to set aside the order of summary judgment in favor of the surgeon. The surgeon's request for interlocutory appeal of this decision was granted. We now affirm, finding that the trial court did not abuse its discretion in setting aside its previous order of summary judgment.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Roy Morgan |
Madison County | Court of Appeals | 01/24/01 | |
| Exxon Corp. vs. Metro Gov't, et al
M2000-00614-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/24/01 | |
| Roland Schnider vs. Carlisle Corp.
W2000-01695-COA-R3-CV
This is a breach of contract case in which Plaintiff, a chef, claims he entered into an employment contract of a definite term. Plaintiff and Defendant engaged in negotiations aimed at having Plaintiff open and manage a restaurant. Defendant produced a final draft of the agreement which included salary, bonuses, and an ownership interest in the restaurant. Neither side executed the written agreement, but Plaintiff went to work for Defendant and both parties partially performed the terms of the writing. Defendant terminated Plaintiff's employment several months later, and Plaintiff filed this action for breach of contract. The trial court, sitting without a jury, found that no contract existed between the parties and Plaintiff appeals. We vacate and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/24/01 |