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| Darrell Smith vs. Chattanooga Medical Investors, Inc. d/b/a Life Care Center Chattanooga
E2000-01352-COA-R3-CV
Plaintiff's action for breach of contract for nursing home services was dismissed by the Trial Judge on Summary Judgment. On appeal, we hold plaintiff was third party beneficiary on contracts between the State of Tennessee and defendant.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 03/30/01 | |
| In Re: T. M. & M.M. vs. Department of Children's Svcs
E2000-01870-COA-R3-CV
Father sought to recover for childcare services ordered to be furnished by the Department of Children's Services in the Juvenile Court of Sevier County. The Circuit Court dismissed the Petition, but approved an award of attorney fees. On appeal, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/30/01 | |
| Anna Williams vs. James Williams, II
E2000-03005-COA-R3-CV
In this post-divorce case, Anna M. Williams ("Mother") filed a petition against James K. Williams, II ("Father"), seeking a modification of the parties' divorce judgment, which judgment, inter alia, had awarded the parties joint custody of their minor daughter, Ashlyn Brooke Williams (DOB: July 20, 1996). The petition sought an alteration of Father's visitation schedule and an increase in Father's child support obligation. In response, Father filed, inter alia, a petition for change of custody. The trial court found a substantial and material change in circumstances and awarded Father sole custody of Ashlyn. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 03/30/01 | |
| State Farm Ins. Co. vs. Charles Schubert, et al
E2000-02054-COA-R3-CV
State Farm Insurance Company filed a declaratory judgment action seeking a determination as to its liability under the uninsured motorist ("UM") coverage of an automobile insurance policy issued to Charles Schubert. Schubert and his wife had obtained judgments against an uninsured motorist totaling $330,000. Of this amount, Schubert was awarded $260,000 for his injuries. His wife, Clara Schubert, was awarded $70,000 for loss of consortium. At the time of the automobile accident that gave rise to the underlying claims, Schubert was acting within the course and scope of his employment; as a result of his injuries, he received workers' compensation benefits of $89,518.08. We are asked to decide how much of the UM single-person coverage limit of $100,000 is payable in view of the language of the following provision of the policy as it applies to the UM coverages:
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 03/30/01 | |
| Blanche Bunch vs. Robert Sharp
E1999-02524-COA-R3-CV
In this boundary line dispute, the Trial Judge established the boundary between the parties' lands and Plaintiff has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Conrad E. Troutman, Jr. |
Claiborne County | Court of Appeals | 03/29/01 | |
| Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Supreme Court | 03/29/01 | |
| Sandra G. Jackson v. Goodyear Tire & Rubber Company
W1999-01691-WC-R3-CV
The trial court determined that the plaintiff had suffered a 2% permanent partial disability to her right arm and a 3% permanent partial disability to her left arm as the result of bilateral carpal tunnel syndrome. The defendant submits that the awards are excessive and that the testimony of the independent medical evaluator should be disallowed due to his failure to utilize the AMA Guidelines in determining grip strength loss. For the following reasons, we disallow that portion of the independent medical evaluator's testimony dealing with grip strength loss but affirm the trial court's award of vocational disability.
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:William Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 03/29/01 | |
| Audie Lowe, et al vs. Bill Goad, et al
E2000-02056-COA-R3-CV
Audie Lowe, Hilda Lowe, and Sheilda Mills ("Plaintiffs") brought this boundary line suit against members of their family, Bill Goad, Mattie Goad, Eugene Olmstead, and Mae Olmstead ("Defendants"). Plaintiffs allege their predecessor-in-title, Arlie Overton, had an agreement with Defendants' predecessor-in-title, Sherman Overton, that a fence ("Fence") would serve as the boundary line. Plaintiffs' deed does not include the disputed area up to the fence. After a trial, the Trial Court dismissed Plaintiffs' complaint, holding that the Fence was not the boundary line by agreement or acquiescence. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Allied Sound, Inc. vs Eddie Neely & Johnny Davis
E2000-01095-COA-R3-CV
In this action alleging misrepresentation, concealment and fraud, the Trial Court granted defendants summary judgment on the grounds that it was unreasonable for plaintiff to rely on any representations made by defendants. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/29/01 | |
| Loreta MCCollum, et al vs. James Connatser
E2000-02561-COA-R3-CV
On May 9, 1997, Alleen C. McCroskey ("the decedent") passed away, leaving two children, Loretta C. McCollum and James W. Connatser, Jr. McCollum, individually and as administratrix of the decedent's estate, filed suit against her brother, claiming that Connatser, as a result of undue influence on the decedent and/or conversion, wrongfully obtained monies that now rightfully belong to the decedent's estate. The trial court granted Connatser summary judgment, and McCollum appealed. We vacate the grant of summary judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Mathis T. Vaughn v. State of Tennessee
M2000-00755-CCA-R3-PC
Petitioner, Mathis T. Vaughn, filed a Petition for Post-Conviction Relief in the Montgomery County Circuit Court, which the post-conviction court subsequently denied. Petitioner challenges the denial of his petition, raising the following issue: whether the trial court erred in dismissing his Petition for Post-Conviction Relief, based upon a ruling that Petitioner’s allegations of ineffective assistance of counsel were without merit. After a thorough review of the record, we affirm the trial court's denial of the Petitioner's Petition for Post-Conviction Relief.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 03/29/01 | |
| E2000-01095-R3-CV
E2000-01095-R3-CV
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Steven Hull vs. Susan Hull and Garth Eddy
E2000-02696-COA-R3-CV
In this action to recover proceeds on life insurance policies required by a divorce decree for the children, the Trial Judge held the children were entitled to the proceeds, rather than the beneficiary named in the policies. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:O. Duane Slone |
Jefferson County | Court of Appeals | 03/29/01 | |
| Doretha Currie v. Kaiser Aluminum & Chemical
W1999-00821-WC-R3-CV
The appellant presents the following issues for review: (1) Whether the trial court erred in finding that plaintiff sustained permanent partial disability as a result of a work-related injury on August 16, 1997; and (2) Whether the trial court's award of 35 percent permanent partial disability to the left arm was supported by a preponderance of the evidence. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.
Authoring Judge: Wil V. Doran, Sp. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Tyrone V. Turner v. State of Tennessee
M2000-01949-CCA-R3-PC
The petitioner, Tyrone V. Turner, appeals the trial court's denial of post-conviction relief. The issue presented for review is whether the petitioner was denied the effective assistance of counsel on direct appeal. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 03/29/01 | |
| Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Originating Judge:W. Dale Young |
Blount County | Supreme Court | 03/29/01 | |
| Randall B. Coward vs. Blount County
E2000-02378-COA-R3-CV
Randall B. Coward ("Plaintiff") was incarcerated in the Blount County jail after being charged with DUI. Plaintiff claims he was sitting on the bed in his cell when the mattress shifted causing him to fall to the floor, landing on his head. Plaintiff says there was a full size mattress on a twin size frame with the mattress extending over the frame by six to eight inches. Plaintiff sued alleging negligence and/or gross negligence on the part of Blount County ("Defendant"). Defendant filed a summary judgment motion and attached the affidavits of the Sheriff of Blount County and a deputy sheriff. Both of these individuals swear that there were two styles of mattresses in the jail, and both styles fit the bed frames. In response to the summary judgment motion, Plaintiff filed his own affidavit which stated that the mattress extended over the frame by six to eight inches and was a full size mattress on a twin size frame. The Trial Court granted Defendant's summary judgment motion. We conclude there is a genuine issue of material fact, and, therefore, vacate the judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/29/01 | |
| Carolyn Sue Moore v. Wal-Mart Stores, Inc.
W2000-00719-WC-R3-CV
The employer contends this claim is time barred by the statute of limitations and notice provisions and that the award to the workers' scheduled member was excessive. As discussed below, the panel concludes that the judgment of the trial court should be affirmed in all respects.
Authoring Judge: C. Creed Mcginley, Sp. J.
Originating Judge:Robert L. Childers, Judge By Interchange |
Moore County | Workers Compensation Panel | 03/29/01 | |
| Karen Stempa, et al vs. Walgreen Co., et al
E2000-02223-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 03/28/01 | |
| Estate of Velma Russell vs. Knox County
E2000-02692-COA-R3-CV
The Estate of Velma Monroe Russell, which was substituted as a party Plaintiff after the death of Mrs. Russell after the suit was filed but prior to trial, sues Knox County for injuries to her as a result of an automobile accident at a four-way-stop intersection. The Trial Court found the County was guilty of no negligence proximately causing the accident and the injuries to Mrs. Russell. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 03/28/01 | |
| State of Tennessee v. Timothy McKinney
W1999-00844-CCA-R3-DD
We affirm the defendant’s convictions of first degree murder and attempted second degree murder and the death sentence imposed on the murder charge, despite the defendant’s claims that: (1) the trial court erroneously disallowed expert testimony on the reliability of eyewitness identification; (2) the jury’s capital sentencing verdict was infirm; (3) the trial court erroneously allowed the impeachment of a defense character witness during the penalty phase of the trial; (4) the trial court erred in allowing victim impact evidence that related to the impact of the victim’s death on persons or institutions other than the victim’s family; (5) the trial court erroneously limited the defendant’s argument to the jury during the penalty phase; (6) cumulative errors require reversal of the death sentence; (7) the Tennessee death penalty statute is, for various reasons, unconstitutional. We find no error and hold that the death penalty in this case was proportionate to the death penalty imposed in similar cases, the sentence was not arbitrarily imposed, and the evidence supports the jury’s finding of a statutory aggravating circumstance and its finding that the aggravating circumstance outweighs any mitigating circumstances. See Tenn. Code Ann. § 39-13-206(c)(1) (1997).
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/28/01 |