APPELLATE COURT OPINIONS

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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
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
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
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
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
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. 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
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
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
Gallatin Housing Authority vs. Carthage, et al

M1999-02041-COA-R3-CV
This appeal arises from a suit seeking damages under a theory of inverse condemnation by the Gallatin Housing Authority ("Plaintiff") against the Town of Carthage, Smith County, Tennessee ("Defendant"). The Plaintiff has appealed as to the Town of Carthage and Smith County although the issues on appeal are directed to the Town of Carthage only. The Town removed some curbing and grass from a small area located between a turnaround and the county jail and then paved the area. At trial, the court found that the Plaintiff failed to prove by a preponderance of the evidence that it owned the strip of land which it claimed was wrongfully expropriated by the Town and that even if the Plaintiff proved ownership, the Town properly took the land pursuant to a dedication to the Town on June 8, 1966. On appeal, the Plaintiff presents three issues: (1) whether the trial court erred in its factual finding that the Plaintiff failed to prove ownership of the land, (2) whether the trial judge erred as a matter of law in concluding that the dedication allowed the Town to expropriate the land, and (3) whether the trial court erred in failing to consider the totality of the circumstances surrounding the dedication where questions were raised as to the intentions of the grantor. For the reasons hereafter stated, we affirm the trial court and find this appeal to be frivolous.
Authoring Judge: Judge William B. Cain
Originating Judge:John D. Wootten, Jr.
Smith County Court of Appeals 04/11/00
Beverly Bledsoe vs. Marion Bledsoe

W1999-01515-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis
Gibson County Court of Appeals 04/11/00
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
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
Scotty Bailes Builder v. Allen H. Davis

03S01-9904-CH-00046
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(1) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue before us is whether the Plaintiff, Scotty Bailes doing business as Scotty Bailes Builder, and Defendant, Allen Davis, agreed for Mr. Davis to have workers' compensation coverage during the roofing job in question. We think they did not and thus affirm. In November 1996, Mr. Davis, a subcontractor, heard that Mr. Bailes, a general contractor, needed a roofer. After meeting with Mr. Bailes, Mr. Davis prepared a proposal, and the parties met on November 13, 1996, although what occurred at this meeting is disputed by the parties. Mr. Davis contends that he, along with two other men, met with Mr. Bailes, but Mr. Davis asserts that he was never asked to sign a form indicating that he did not desire workers' compensation coverage until after his injury. However, Mr. Bailes argues that Mr. Davis, a subcontractor, met with him and his assistant, and Mr. Davis verbally declined workers' compensation coverage for himself, although Mr. Bailes explained that he was required to obtain workers' compensation coverage for Mr. Davis's employees. Mr. Bailes insists that he repeatedly attempted to obtain from Mr. Davis the proper paperwork
Authoring Judge: Houston M. Goddard, Special Judge
Originating Judge:Hon. Telford E. Forgety, Jr.
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
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
Troy C. Ledbetter v. Batesville Casket Company

M1998-00670-SC-WCM-CV
This case is before the Court upon 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
Franklin County Workers Compensation Panel 04/10/00
Marion Co. Bd. of Education vs. Marion Co. Education Assoc.

M1999-00213-COA-R3-CV
This is an appeal from a declaratory judgment action on behalf of the Marion County School Board seeking a determination as to whether or not the decision by the director of schools to transfer a principal to a teaching position was subject to binding arbitration under a collective bargaining agreement in effect between the school board and the Marion County Education Association. A cross-claim was filed by the Association requesting an injunction to force the Board to arbitration, and both parties filed motions for summary judgment. The trial court granted the Association's motion for summary judgment and mandated the Board to go to final and binding arbitration under the agreement. We reverse the decision of the trial court and hold that the statutory authority of the director of schools to hire and select principals may not be limited by a collective bargaining agreement and that such an agreement cannot authorize an arbitrator to determine who will be principal at a particular school.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffery Stewart
Marion County Court of Appeals 04/10/00
Charles Rooker v. Donal Campbell

M1999-01657-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction over his release eligibility date. Dissatisfied with the response to his petition for a declaratory order, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County, asserting that the extension of his release eligibility date violated the Department's policy regarding punishment for escape and the terms of his plea agreement. He also claimed that the Department had wrongfully deprived him of sentence reduction credits. The trial court dismissed the petition, and the prisoner has appealed. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/10/00