02A01-9506-CH-00127
|
Shelby | Court of Appeals | |
01A01-9601-CH-00028
|
Davidson | Court of Appeals | |
01A01-9603-CH-00133
|
Court of Appeals | ||
01A01-9510-CH-00444
|
Williamson | Court of Appeals | |
01A01-9603-CH-00135
|
Court of Appeals | ||
01A01-9604-CH-00189
|
Court of Appeals | ||
02A01-9505-CH-00104
|
Shelby | Court of Appeals | |
02A01-9506-CV-00141
|
Shelby | Court of Appeals | |
Ali Agha Batebi, v. Patrick Wayne Clark and The Krystal Company
In this case, the defendant, The Krystal Company (Krystal), appeals a jury verdict holding it liable for personal injuries received by the plaintiff, Ali Agha Batebi (Batebi), from a criminal assault by a third party while on Krystal's property. We affirm. |
Shelby | Court of Appeals | |
Robert Cox, Administrator of the Estate of Linda Cox Johnson, Deceased, v. General Care Corp. D/B/A HCA. Regional Hospital of Jackson, Beverly Ann Jetton, Nurse, Shewanna Macky, Receptionist, and Joseph Ragon, M.D.
Appellant has filed a Motion to Rehear Pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure. In the Motion, Appellant contends that the Opinion of this Court was based on an incorrect application of the law. Noting that the Opinion states that neither Appellant’s original Complaint or the proposed Amended Complaint allege negligence with respect to laboratory tests conducted on the deceased, Appellant asserts that he was erroneously required to state a legal theory, not simply “facts from which a legal theory can be inferred.” |
Jackson | Court of Appeals | |
Billy Gwin Mitchell, v. Sam F. Cole, Jr., Substitute Trustee, Estate of Pudence Reynolds, and Gerald W. PIckens, Administrator, CTA
The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee f the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00. |
Shelby | Court of Appeals | |
Billy Gwinn Mitchell, v. Sam F. Cole Jr. Substitute Trustee, Estate of Prudence Reynolds, and Gerald W. PIckens, Administrator CTA
The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee of the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00. |
Shelby | Court of Appeals | |
Nina Alice Kimble, v. Michael Wayne Kimble
The gravamen of this appeal is child support. Nina Alice Kimble and Michael Wayne Kimble were married in 1985, divorced in 1992 and will be referred to as Wife and Husband, respectively. When hey married, Wife had a son from a previous marriage and Husband a daughter. Husband adopted the son but Wife did not adopt the daughter. |
Shelby | Court of Appeals | |
Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.
The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program. |
Shelby | Court of Appeals | |
Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.
The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program. |
Shelby | Court of Appeals | |
State of Tennessee, ex rel., Robert F. Smith, Commissioner, Department of Highways, for and on behalf of said department, v. C.W. Simpson, A/K/A Charlier Simpson, Jr.
The Court below held defendant in civil contempt for violating a permanent 2 injunction that prohibited him from obstructing the right-of-way on a state highway. Defendant has appealed and takes issue with the trial court’s denial of his motion to dismiss and with the sufficiency of the judgment. We have determined that the record supports the trial court’s finding of civil contempt and, therefore, we affirm. |
Shelby | Court of Appeals | |
Christopher Johnson v.Tennessee Department of Correction - Concurring
A convicted burglar in the custody of the Department of Correction filed a petition with the Chancery Court of Davidson County for an order directing the Department to award him additional credits against his sentence for time spent in jail before and after trial, and for sentence reduction credits he allegedly earned during the same period of incarceration. The Chancellor found that Mr. Johnson had already received all the credits to which he was entitled. We affirm- |
Davidson | Court of Appeals | |
Jennifer Frank v. Ali Noureddini, Olifate Nouredinni, et al. - Concurring
The Plaintiff, Jennifer Frank, has appealed from summary judgment in favor of the Defendants, American Realty Company, Terry Stephens, Lee Ann Hoffman, Shirley Adkins and Alan Saturn; and from a judgment in favor of Plaintiff and against the Defendant, Ali Noureddini in the amount of $50,000. Other captioned Defendants are not involved in this appeal. |
Davidson | Court of Appeals | |
Michael Anthony Ladd, a minor, by Virginia Ladd, as next friend and legal guardian, v. Hond Motor Co. Ltd., et al., and Erby L. Givens,
This appeal involves a twelve-year-old boy who became paralyzed when he lost control of an all-terrain vehicle and crashed into a utility pole. The boy sued the manufacturer of the all-terrain vehicle in the Circuit Court for Sumner County, alleging that its advertisements falsely and misleadingly depicted all-terrain vehicles as safe enough to be operated by children. The jury returned a verdict for the manufacturer following a lengthy trial, and the child and his mother appealed. We have determined that the trial court’s instructions did not fairly appraise the jury of the plaintiff’s theory of the case and that its supplemental instructions confused the jury about the significance of their verdict. Therefore, we reverse the judgment and remand the case for a new trial. |
Sumner | Court of Appeals | |
Lisa Griggs, v. James P. Mixon, Jimmy R. Worsham, Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee
This is a governmental tort liability case arising out of an automobile collision. Defendants, James P. Mixon; Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee, appeal from the judgment of the trial court awarding plaintiff, Lisa Griggs damages for personal injury. Under the Tennessee Governmental Tort Liability Act as it existed in 1985, governmental entities could not be tried by a jury, T.C.A. § 29-20-307. Subsequently, prior to the 1994 trial, the case was bifurcated to allow the nongovernmental defendant a jury trial. Thus, Worsham is not a party to this appeal. |
Shelby | Court of Appeals | |
David Randall Safer, v. Micki Jo (O'Fiel) Safer
Petitioner, David Randall Safer, and respondent, Micki Jo O'Fiel Safer, divorced in January 1994 after eleven years of marriage. The court granted respondent the divorce on the ground of irreconcilable differences. The parties had entered into a Marital Dissolution Agreement ("MDA") which the Final Decree of Divorce incorporated. The MDA provided that petitioner and respondent would have joint custody of their two minor children, Joseph ("Tyler") age five and Samuel age two, and that the primary placement of the children would be with respondent. |
Sumner | Court of Appeals | |
Jo Ann Beach Hedge, v. John Henry Hedge, III
In this post-divorce action for modification of alimony the appellant asserts that the appellee failed to prove that she had experienced a material change of circumstances since the original award. We agree and reverse the order modifying the award. |
Sumner | Court of Appeals | |
Robert P. Hoover and wife, Donna D. Hoover v. Metropolitan Board of Housing Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee
This suit was originated by a petition for certiorari to review the administrative order of the Metropolitan Board of Housing Code Appeals requiring the demolition of substandard improvements on six tracts belonging to Plaintiffs. The Trial Court reversed the order as to three of the tracts which are not involved in this appeal. The Trial Court affirmed the demolition order as to three of the tracts, and Plaintiffs appealed and have presented the issues for review in the following form: |
Davidson | Court of Appeals | |
01A01-9512-CV-00576
|
Davidson | Court of Appeals | |
01A01-9601-CV-00006
|
Sumner | Court of Appeals |
