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| Norman Hamby vs. State
W2002-00928-COA-R3-CV
This is a premises liability case arising from Plaintiff's fall into a ventilation pit on the University of Tennessee at Memphis (referred to herein as UT) campus when an aluminum grate covering the opening collapsed while Plaintiff was standing on it. The Commissioner of Claims of the Western Division held that the accident was not foreseeable and that UT did not have actual or constructive notice of the dangerous condition of the grating over the pit. Plaintiff appeals. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
|
Court of Appeals | 09/19/02 | ||
| Christian Yeubanks vs. Methodist LeBonheur
W2001-02051-COA-R3-CV
This is a procedurally complex medical malpractice case. A child was injured in a car accident. She was taken by helicopter to the hospital, where she died. The child's mother filed suit, alleging liability on the part of three physicians, and vicarious liability on the part of the hospital for the actions of the three physicians. She also asserted that the second physician's medical group was liable for that physician's actions. The complaint was later amended to include independent allegations of liability against the hospital. The mother voluntarily dismissed the claims against the first physician; however, the claim of liability against the hospital for the actions of the first physician remained. Immediately before the trial, the mother asserted that the hospital was liable for the actions of a fourth physician. The trial court ruled that evidence regarding a claim against the fourth physician was not admissible. Near the close of her proof, the mother voluntarily dismissed her claims against the second physician and his medical group. At the conclusion of the mother's proof, the trial court granted motions for directed verdict for the claims based on the independent actions of the hospital and for the claims against the hospital based on the actions of the first physician. The trial court then denied a motion for directed verdict on the claim of vicarious liability against the hospital for the actions of the third physician. The trial court then heard a motion to strike testimony related to claims against the third physician. Prior to a ruling on the motion, the mother voluntarily dismissed the claims against the third physician and against the hospital based on the actions of the third physician. The trial court awarded costs against the mother and ordered that, prior to refiling her case, the mother would be required to pay the costs. The mother appeals, arguing that consideration of the motions for directed verdict was premature, that the trial court's decision is not final and appealable, that the trial court improperly excluded evidence on claims that the hospital was liable for the actions of the fourth physician, that the trial court erred in granting the motion for directed verdict for the independent claims of negligence against the hospital, and that the trial court erred in awarding costs against the mother and in requiring her to pay those costs prior to refiling her case. We reverse the portion of the trial court's decision requiring the mother to pay the awarded costs prior to refiling her case. The remainder of the trial court's judgment is affirmed.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/19/02 | |
| State of Tennessee v. James A. Mellon
E1999-01505-CCA-R3-DD
The defendant, James A. Mellon, pled guilty to first degree felony murder and especially aggravated robbery and waived his right to a trial by jury. As part of the plea agreement, the State agreed to recommend concurrent sentences on these charges of life imprisonment with the possibility of parole and twenty-five years imprisonment, respectively, in exchange for the defendant's agreement to testify truthfully and consistent with his previous statement at the trials of his codefendants. Thereafter, the defendant refused to testify as required by his plea agreement, instead, moving to withdraw his guilty pleas. That motion was denied, the State withdrew its sentencing recommendation, and a sentencing hearing was held. The jury, at the sentencing hearing, found the statutory aggravating circumstance that the defendant had previously been convicted of a felony involving violence to the person and sentenced the defendant to death. For the conviction of especially aggravated robbery, the defendant was sentenced to a consecutive term of twenty-five years imprisonment. He then filed a timely appeal. Following our review, we affirm the judgments of the trial court and the imposition of the death penalty.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/19/02 | |
| Sheri English vs. Chris Pretti
W2001-01657-COA-R3-CV
The trial court awarded summary judgment to the Plaintiffs' uninsured motorist insurance carrier, finding that the carrier's liability was offset by the workers' compensation award which the Plaintiff received for her injuries. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 09/19/02 | |
| State of Tennessee v. Allen Prentice Blye
E2001-01227-CCA-R3-CD
The Defendant, Allen Prentice Blye, was convicted by a jury of aggravated burglary and aggravated rape. The trial court sentenced the Defendant as a Range III, persistent offender to fifteen years for the aggravated burglary, and as a Range II, violent offender to forty years for the aggravated rape. The sentences were ordered to be served consecutively in the Department of Correction, for an effective sentence of fifty-five years. The Defendant now appeals as of right, alleging that the trial court erred in refusing to suppress evidence; erred in admitting certain testimony at trial concerning DNA evidence; that the evidence is not sufficient to support his convictions; that the trial court erred in refusing to grant him the services of a psychological expert for sentencing purposes; and that the trial court erred in its application of enhancement and mitigating factors in setting the length of his sentences. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/19/02 | |
| In Matter of R.C.V. and O.V.
W2001-02102-COA-R3-JV
This is a termination of parental rights case on appeal for the second time. This Court in the first appeal reversed the order of the juvenile court terminating the parental rights of the parties primarily because the trial court failed to provide counsel to the parties pursuant to Rule 39, Tenn. R. Juv. P. On remand, the juvenile court found clear and convincing evidence justifying termination of parental rights pursuant to the applicable statutes and that termination was in the children's best interests. The juvenile court also held that the appointment of a special judge in this instance was not unconstitutional nor was the parent denied due process in the termination proceeding. As appealed, we affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 09/19/02 | |
| State of Tennessee v. Allen Prentice Blye - Concurring
E2001-01227-CCA-R3-CD
I write separately to express my concern over utilizing the ex parte search warrant process rather than an adversarial hearing to secure a blood sample from a defendant after adversarial proceedings have begun where there are no exigent circumstances. To my knowledge, this issue has not been addressed by our state supreme court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/19/02 | |
| Watson & Son Landscaping vs. Power Equip.
W2002-00136-COA-R3-CV
This is a sales/UCC case. A landscaper contracted to purchase a used piece of machinery, an excavator, from an equipment company. The excavator had a defective hydraulic system. Under the terms of the sales contract, the equipment company was to repair the defective hydraulic system. The equipment company attempted to do so and delivered the excavator to the landscaper. The hydraulic system, however, did not work properly and the equipment company was unable to repair the excavator to the landscaper's satisfaction. The landscaper then had the excavator repaired by a third party. The landscaper sued the equipment company for failure to satisfy a condition precedent to the contract, and for breach of contract. The trial court awarded actual damages for the difference in value between the excavator bargained for and the excavator actually received, as well as consequential damages. The equipment company appeals. We modify the actual damages to the cost to repair the excavator, and we reverse the award of consequential damages, finding that the proof of consequential damages was too speculative to support such an award.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 09/19/02 | |
| Connie Pugh vs. Poplar Apartments
W2001-02050-COA-R3-CV
This case involves allegations of unlawful ouster. The trial court awarded summary judgment to the defendant landlord. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 09/19/02 | |
| State of Tennessee v. Stacey Renee Moore
E2001-01905-CCA-R3-CD
The appellant, Stacey Renee Moore, entered guilty pleas to two counts of theft over five hundred dollars ($500), Class E felonies; one count of theft under five hundred dollars ($500), a Class A misdemeanor; and one count of failure to appear, a Class E felony. For each felony conviction, the appellant received a one-year sentence, with the sentences to be served consecutively. Additionally, the appellant received an eleven month and twenty-nine day sentence for the misdemeanor conviction to be served concurrent to the felony convictions. The trial court denied the appellant's request for alternative sentencing and sentenced the appellant to an effective sentence of three years in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred by denying alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Robert E. Cupp |
Washington County | Court of Criminal Appeals | 09/18/02 | |
| CH-01-1148-3
CH-01-1148-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/18/02 | |
| Larry Bullock vs. Charles Spell
W2002-00053-COA-R3-CV
This appeal arises from a contract dispute. The trial court, finding that Mr. Bullock had substantially complied with the contract provisions and that he did not repudiate the contract, entered judgment in his favor. The court awarded damages based on breach of contract, including attorney fees and additional damages. The parties raise multiple issues on appeal. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/18/02 | |
| CH-01-0462-2;
CH-01-0462-2;
Originating Judge:Kenny W. Armstrong |
Shelby County | Court of Appeals | 09/18/02 | |
| Town of Collierville vs. Norfolk Railway
W2001-02391-COA-R3-CV
This is a condemnation case on appeal for the second time. At three places at which roads were to cross over an existing railroad track, the town filed a petition to condemn property in which the railroad owned a right-of-way, in order to build railroad crossings. The trial court initially found that the railroad could not challenge the town's right to take the property and granted the town's motion for the writs of possession. The railroad appealed for the first time. In the first appeal, this Court reversed the trial court and found that the railroad was entitled to a hearing to determine whether the railroad crossings would materially impair or interfere with the railroad's prior use of the rights-of-way. On remand, the trial court found that they would not, thus concluding that the town had the right to condemn the property. The trial court then considered the damages for the condemnation. The railroad sought incidental damages related to its depreciation costs, as well as costs for its increased exposure to liability because of the additional crossings. The trial court determined that the railroad, as a matter of law, could not recover depreciation costs, and also held that the railroad failed to produce proof to support an award of damages for increased liability exposure. The railroad appeals. We affirm, finding that the railroad can recover neither depreciation costs nor damages for increased exposure to liability from the additional crossings.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 09/18/02 | |
| James Edwards vs. Banco Lumber
E2002-01038-COA-R3-CV
James and Margaret Edwards ("Plaintiffs") sued Banco Lumber Company Inc., ("Banco") claiming Banco had trespassed on their property and removed timber. Banco filed a third-party complaint against Nathan Byrd, Betty Byrd, Fred Byrd, and Barbara Byrd (the "Byrds") for indemnification relying on a Timber Deed and Contract between Banco and the Byrds. Plaintiffs nonsuited their action against Banco and an Order was entered on May 16, 2000, dismissing only Plaintiffs' action. Apparently realizing this was not a final order, the Trial Court entered a "Final Order" three days later which disposed of not only Plaintiffs' claims but also Banco's third-party complaint against the Byrds. Plaintiffs re-filed their lawsuit against Banco one year and two days after the first order was entered, but less than a year after the "Final Order" was entered. Plaintiffs also sued the Byrds, for the first time, in this second complaint. The Trial Court held the entry date of the first Order should be used when determining whether the second complaint had been re-filed within the one-year time period under the "Saving Statute." The Trial Court dismissed Plaintiffs' claims against Banco and the Byrds holding the statute of limitations had run. We vacate in part and affirm in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jean A. Stanley |
Unicoi County | Court of Appeals | 09/18/02 | |
| Estate of James Sanderson
W2001-01938-COA-R3-CV
This case concerns the administration of an estate. The decedent's widow appeals the trial court's judgment claiming that it was error to deny her claim for an elective share of the estate. Appellant also alleges error in the finding that the administrator had not caused the estate to suffer monetary loss as a result of actions taken by him in his role as administrator. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Roy B. Morgan, Jr. |
Hardeman County | Court of Appeals | 09/18/02 | |
| State of Tennessee v. Rodney Williams
W2001-02606-CCA-R3-CD
The defendant, Rodney Williams, appeals his Shelby County Criminal Court conviction for aggravated robbery. He challenges the sufficiency of the convicting evidence and insists that the trial court erred in failing to suppress the victim's pretrial and in-court identification. We affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/18/02 | |
| General Construction vs. Greater St. Thomas Church
W2001-01588-COA-R3-CV
This appeal arises from a dispute over the construction of a church. Both parties alleged that the other breached the construction contract. The trial court found the Church to be in breach, awarded damages to the Contractor, and this appeal ensued. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 09/17/02 | |
| Patsy Mitchell vs. Dr. James Ensor
W2001-01683-COA-R3-CV
Patient brought medical malpractice action against physician and medical group, including allegations that physician failed to obtain the informed consent of female patient prior to administration of a testosterone injection. The circuit court entered judgment on a jury verdict in favor of physician and medical group. Patient appealed. We affirm and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/17/02 | |
| Robert May v. Woodlawn Memorial Park
M2001-02945-COA-R3-CV
This appeal involves a dismissal in circuit court of a general sessions appeal for failure of plaintiff-appellant to obtain a trial date within 45 days of the appeal pursuant to local rule of court. After the trial court's dismissal, plaintiff filed a motion to alter or amend pursuant to Tenn.R.Civ.P., Rules 59 and 60, which motion was denied. Plaintiff has appealed. We reverse and remand.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 09/17/02 | |
| Roger Clayton Morris v. Lola Jane Morris
W2002-00001-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 09/17/02 | |
| Cavalier Metal vs. Johnson Controls
W2001-01057-COA-R3-CV
Cavalier Metal Corporation sued Johnson Controls, Inc. for a breach of contract. A jury awarded Cavalier $2,029,294.00 in damages. At its motion for new trial, Johnson Controls, Inc. presented two juror affidavits alleging that another juror who had worked at Johnson Controls, Inc. imparted to the jury her knowledge of the very facts and issues at dispute in the trial. JCI had challenged this juror for cause during voir dire, but its motion had been denied. The trial court held the affidavits inadmissable under Tennessee Rule of Evidence 606(b). For the following reasons, we reverse and remand for a new trial.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Henderson County | Court of Appeals | 09/17/02 | |
| Tracy Renee Morris v. Robert Andrew Morris
M2001-02275-COA-R3-CV
This case involves a petition to change custody. The parents were divorced in July 1998. By agreement, custody of the parties' two minor children was awarded to the mother. In February 2001, while the children were staying with the father at the mother's request, he filed a petition to modify custody to make him the permanent custodial parent. In his petition, the father alleged a material change in circumstances, in that the mother had difficulty keeping a job, maintaining a home, and taking care of the children. The trial court granted the father's petition. The mother now appeals. We affirm, finding that the trial court did not err in finding a material change in circumstances and did not abuse its discretion in changing custody to the father.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 09/17/02 | |
| Victoria Barnes vs. David Barnes
W2002-00428-COA-R3-CV
This appeal arises from a change of custody, from the Mother to the Father, granted by the trial court. We affirm, with the modification that Father be enjoined from smoking when either child is present.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Madison County | Court of Appeals | 09/17/02 | |
| Beale St. Dev. vs. George Miller
W2001-01133-COA-R3-CV
This is a disagreement over the exercise of an option contract. The Appellant asserts that he was prevented from exercising his option. For the reasons stated below, we affirm the trial court's ruling that the Appellant never made an unconditional tender of the funds required to exercise the option, and thus did not properly exercise the option during its term.
Authoring Judge: Presiding Judge Alan E. Highers
|
Shelby County | Court of Appeals | 09/17/02 |