| Max Pass vs. Shelby Aviation
W1999-00018-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/13/00 | |
| Clark vs. Farrell
M1999-01945-COA-R3-CV
This is an appeal by the defendant from an action of the trial court in assessing discretionary costs against the defendant. The trial court entered an order of dismissal with prejudice on finding that "the parties have settled all matters in controversy . . ." which order was approved for entry by counsel for both parties. The plaintiff filed a motion for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2). The trial court then granted discretionary costs to the plaintiff in the amount of $2,185.75. We reverse.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Holloway |
Maury County | Court of Appeals | 04/13/00 | |
| Brenda Reese vs. Rickie Reese
M1999-02429-COA-R3-CV
The defendant, an incarcerated felon, appeals the action of the Chancellor in granting a divorce to his wife and settling all property rights between the parties. We affirm the judgment of the Chancellor
Authoring Judge: Judge William B. Cain
Originating Judge:Tyrus H. Cobb |
Bedford County | Court of Appeals | 04/13/00 | |
| Pamela Sweat vs. James Sweat
W1999-00158-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Bob G. Gray |
McNairy County | Court of Appeals | 04/13/00 | |
| Barbara Vargo v. Lincoln Brass Works
M1999-00734-COA-R3-CV
This appeal involves a dispute between an employee and her former employer over severance pay. After the employee obtained a $13,750 judgment in the Metropolitan General Sessions Court of Davidson County, the employer perfected a de novo appeal to the Circuit Court for Davidson County. Following a bench trial, the trial court concluded that the employee had a vested right to severance pay under the employer's severance policy and awarded the employee $15,262.50. The employer has appealed. We have determined that the employer's severance policy contained an enforceable contractual obligation to pay severance pay to eligible employees. In the absence of proof that the employee was ineligible, we find that the trial court correctly interpreted and applied the severance policy. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 04/13/00 | |
| David Rivkin vs. Lori Postal
M1999-01947-COA-R3-CV
This appeal involves the financial aftermath of a short-lived nonmarital affair that ended badly. The man filed suit in the Chancery Court for Williamson County seeking a partition of the jointly-owned property and the return of his personal property. The woman responded with a counterclaim for breach of promise to marry. Following a bench trial, the trial court divided the jointly-owned property and awarded the woman $150,000 in damages on her breach of promise claim. Both parties now take issue with the judgment. The man asserts that the evidence does not support awarding the woman $150,000 or granting the woman such a large share of the jointly-owned property. The woman takes issue with the reduction of her share of the property because of damage to the man's personal property while it was in her possession. We have determined that the evidence does not support the trial court's conclusion that a promise to marry existed or that the woman was damaged by the failure of the marriage to take place. We have also determined that, with the exception of a cedar chest belonging to the man's grandmother, the manner in which the trial court divided the parties' jointly-owned property was proper.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 04/13/00 | |
| Project Creation, Inc., et al vs. Kenneth Neal, et al
M1999-01272-COA-R3-CV
The trial court dismissed Plaintiffs' libel action and then granted Defendants' motion for sanctions pursuant to Tenn. R. Civ. P. 11.02(1) and 11.02(3), finding that the libel action was filed for an improper purpose and without factual support. The court awarded Defendants $9,262.90 in expenses and attorney fees. We affirm in part and vacate in part.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:John O. Wootton |
Wilson County | Court of Appeals | 04/12/00 | |
| H & M Enterprises, Inc. v. Kathy Murray
M1999-02073-COA-R3-CV
This appeal involves a spouse's liability for money that the other spouse embezzled from her employer. When the employer discovered the embezzlement, it filed suit in the Circuit Court for Wilson County against the embezzler and her spouse to recover $196,231.69. After hearing the evidence without a jury, the trial court awarded the employer a judgment against the embezzler and her spouse for $196,231.69 and also awarded the employer a $78,500 judgment for punitive damages against the embezzler. The embezzler's spouse asserts on this appeal that the evidence preponderates against the trial court's determination that he should be jointly and severally liable for the embezzled funds. We agree and, therefore, reverse the judgment against the embezzler's spouse.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 04/12/00 | |
| John Pointer, et al. v. Tennessee Equity Capital Corp.
M1999-01934-COA-R3-CV
A now defunct company and its owner sued a former creditor on the basis the creditor's control and management of the company damaged it so that it was no longer a profitable business, causing the stock to lose value. The trial court granted summary judgment to the defendants because the only competent evidence established that the company was never profitable and that no action by the defendants caused the demise of the company. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/12/00 | |
| Michael Grandberry v. Illinois Tool Works,
M1998-00528-SC-WCM-CV
This case is before the Court upon motion for review pursuant to Tenn. Code Ann._ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Authoring Judge: Per Curiam
|
Maury County | Workers Compensation Panel | 04/12/00 | |
| Lawrence Strickland vs. State
E1999-00119-CCA-R3-CD
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 04/12/00 | |
| State vs. Keen
W1997-00147-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Originating Judge:John P. Colton, Jr. |
Shelby County | Supreme Court | 04/12/00 | |
| State vs. Keen
W1997-00147-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Originating Judge:John P. Colton, Jr. |
Shelby County | Supreme Court | 04/12/00 | |
| State vs. Culbreath, et al
W1999-01553-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:L. Terry Lafferty |
Shelby County | Supreme Court | 04/12/00 | |
| Maestas vs. Sofamor Danek Group, Inc.
W1998-01907-SC-R11-CV
The plaintiffs alleged that defendants' products, surgically implanted in their backs, were defective. The trial court granted summary judgment for defendants on grounds that the statute of limitations had expired. The plaintiffs appealed, contending that: 1) genuine issues of material fact existed as to whether the statute of limitations was tolled by the "discovery rule"; and 2) under the doctrine of "cross-jurisdictional tolling," the statute of limitations was tolled during the period in which the plaintiffs sought class certification in a class action filed in federal court. We decline to adopt the doctrine of cross-jurisdictional tolling. As the plaintiffs have conceded a "universal date of discovery" that is outside the applicable statute of limitations, our rejection of cross-jurisdictional tolling renders the plaintiffs' claims time-barred. Accordingly, we need not address the "discovery rule" issue raised by plaintiffs. The judgment of the Court of Appeals, affirming the trial court's grant of summary judgment, is hereby affirmed.
Authoring Judge: Justice Janice M. Holder
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Supreme Court | 04/12/00 | |
| State vs. Michael Gilliam
E1999-01112-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 04/12/00 | |
| American National Property & Casualty Companies v. James E. Roberts, et al.
M1999-01572-COA-R3-CV
This appeal involves a coverage dispute between the driver of a rented van and his insurance company. Following a single-vehicle accident that killed one passenger and injured two others, the driver's insurance company denied coverage because the driver was not operating the van with its owner's permission. Thereafter, the insurance company filed a declaratory judgment action in the Chancery Court for Davidson County. The trial court denied the insurance company's motion for summary judgment after concluding that the term "owner" as it appeared in the policy was ambiguous. Thereafter, the trial court granted the driver's motion for summary judgment after concluding, as a matter of law, that he had been operating the rented van with the owner's permission. We have determined that the trial court should not have granted the driver a summary judgment because the record contains material factual disputes regarding whether the driver was operating the rented van with the owner's permission.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen H. Lyle |
Davidson County | Court of Appeals | 04/11/00 | |
| Annette Burnett v. Goody's Family Clothing, Inc.
03S01-9904-CV-00044
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer, Goody's Family Clothing, Inc., has appealed from the action of the trial court in awarding the employee, Annette Burnett, 6% permanent partial disability to the body as a whole. The employer raises several issues on appeal. The primary issue is whether the expert medical evidence is sufficient to establish that plaintiff's physical condition resulted from an incident or activity at work. Other issues are whether the trial court was in error in holding proper notice of injury was rendered and whether the court properly exceeded the 2 _ times cap under T.C.A. _ 5-6-241(a)(1). Plaintiff was 49 years of age and had completed the 9th grade. She later obtained a G.E.D. certificate. She became employed by Goody's in 1996 and was employed as a "tagger" which involved placing price tags on clothing for retail sale. On May 12, 1997, she was standing on a stool tagging clothing when she unintentionally stepped off of the stool. She testified she attempted to grab a pole but missed it and she immediately felt pain in her left leg from the groin down.1 She described the pain as mild something like a cramp. She reported the incident to her supervisor and helped complete an accident report. She declined to seek medical attention thinking it was unnecessary. She continued to work and said the pain would leave and return over the next two months. She stated that during July 1997 the pain became more severe and began to spread into her hip and down her leg to her ankle. She saw her family doctor during August and received a cortisone shot which did not relieve her symptoms. Arrangements were made by her doctor to see an orthopedic surgeon. She continued to work until surgery was later performed during November 1997. On September 18, 1997, she was seen and examined by Dr. Paul H. Johnson, an orthopedic surgeon. He operated on her on November 12th and did a 1This is the only description of the incident at work. It is not clear whether she fell to the floor or caught herself and landed on her feet. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Dale C. Workman |
Knox County | Workers Compensation Panel | 04/11/00 | |
| Tennessee Roofing Corp. and Cna Insurance Co. v. Randall Lloyd
03S01-9902-CH-00016
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Randall Lloyd appeals an award of 25 percent to the body as a whole as inadequate. We agree and modify the award.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. Daryl R. Fansler, |
Knox County | Workers Compensation Panel | 04/11/00 | |
| Lipscomb vs. Doe
W1997-00132-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 04/11/00 | |
| Ford vs. Humphres
M1999-00423-COA-R3-CV
This appeal involves a dispute over the estate of Ms. Thelma Humphres, who was found by the trial court to have died intestate owning a one-half interest in her home and the approximately twenty acres on which it was locataed. She also owned some personal items which sold for $1,355.50. Appellant, Joy Ford, one of Ms. Humphres eight children, believed that Ms. Humphres had executed a will leaving her mother's entire one-half interest in the home and property to her. Ms. Ford objected to the administration of her mother's estate by her brother, Appellee, Danny Humphres, and attempted to prove a lost will. Ms. Ford failed to prove a lost will, and the property was subsequently sold to pay the estate's debts. As Ms. Ford owned the other one-half interest in her mother's property, she objected to the sale of this property. She also objected to the allocation of costs and fees related to the sale and the general administration of her mother's estate. All of her objections were overruled. She now appeals the trial court's actions in these matters. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 04/11/00 | |
| Lipscomb vs. Doe
W1997-00132-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 04/11/00 | |
| State vs. Chalmers
W1997-00174-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Carolyn Wade Blackett |
Shelby County | Supreme Court | 04/11/00 | |
| W1999-02682-COA-R9-CV
W1999-02682-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/11/00 | |
| State vs. Beauregard
W1997-00060-SC-R11-CD
In this appeal, we consider whether the constitutional principle of either double jeopardy or due process is violated and therefore bars separate convictions for both rape and incest when the offenses arise from a single act committed against the same victim. The Court of Criminal Appeals affirmed the defendant's convictions for rape and incest. After our review of the record and applicable authorities, we conclude that the separate convictions for rape and incest did not violate double jeopardy principles under the United States or Tennessee Constitutions because the offenses require different elements, different evidence, and have different purposes. We also conclude that the convictions for rape and incest did not violate due process under the United States or Tennessee Constitutions because neither offense was "essentially incidental" to the other. Accordingly, we affirm the judgment of the Court of Criminal Appeals.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Supreme Court | 04/11/00 |
