Gordon McCammon v. William Gifford M2001-01357-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Walter C. Kurtz
This appeal involves a guest of two residents of a campground who was badly burned when a can of paint thinner ignited in his hosts' camper. The guest filed a negligence action in the Circuit Court for Davidson County against his hosts and the owner of the campground. The trial court dismissed the claims against the owner of the campground on summary judgment after concluding that the owner's duty to render aid ended once the guest's brother undertook to provide this assistance. We affirm the summary judgment because the record contains no evidence that the guest's brother was incompetent to come to his aid.
Davidson
Court of Appeals
Tammy Pierce v. Michael Pierce M2001-01727-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson
In 1994, a father, who had failed to comply with a child support order, was sentenced to jail for six months or until he paid the arrearage of $23,800. A month later the trial court suspended the sentence upon the defendant's promise to pay $10,000 immediately and to pay the balance by October 15, 1995 in quarterly installments. The order provided that if the defendant failed to meet the conditions in the suspension order the suspended sentence would be revoked if the mother filed an appropriate motion. In 2001, the trial court found the defendant guilty of criminal contempt and ordered him to serve the balance of the six month sentence for failing to comply with the 1994 suspension order. We reverse the order finding the defendant in criminal contempt.
Davidson
Court of Appeals
Jerry Huddleston vs. Ramsdale O'Deneal W2001-02064-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Roy B. Morgan, Jr.
Plaintiff sued defendant for legal malpractice seeking compensatory and punitive damages. The Circuit Court of Madison County, Tennessee found defendant liable to the plaintiff for compensatory damages in the amount of $100.00, but dismissed plaintiff's claim for punitive damages. Plaintiff has appealed. We affirm.
Madison
Court of Appeals
Victoria Henry v. Timothy Goins M2000-02663-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Hamilton V. Gayden, Jr.
The suit of the plaintiffs was dismissed for failure to prosecute. The judgment did not provide that the dismissal was without prejudice. More than thirty days after entry of the Order of Dismissal, the plaintiffs filed a Rule 60.02 Motion that the Order of Dismissal be set aside. Their failure to file a timely motion was attributed to the asserted excusable neglect of a paralegal who assumed that a motion filed by a cross-claimant sufficed for the plaintiffs as well. The trial judge set the Order of Dismissal aside. We hold that the conduct of the paralegal cannot be treated as excusable neglect. A defendant, Robert Orr-Sysco Food Systems Company ["Robert Orr-Sysco"], incurred reporting expenses before a non-suit was taken by the plaintiffs. The defendant moved for discretionary costs which were disallowed. We reverse.
Davidson
Court of Appeals
Nelda Age v. HCA Health Svcs. dba Centennial Medical Center M2001-01286-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Hamilton V. Gayden, Jr.
This is an action for damages for personal injuries to a patient who claims that her injuries resulted from the ordinary negligence of the Hospital's employees, as contrasted to their medical malpractice. The trial judge concluded, in ruling on the motion of the Hospital for summary judgment, that the event described by the plaintiff, if actionable, sounded in malpractice, thus requiring expert proof. We agree. The motion of the appellee to recover discretionary costs was denied without elaboration. We find that certain costs identified in Rule 54.04(2) are properly recoverable.
Davidson
Court of Appeals
Charles Ivey v. Pat Hamlin M2001-01310-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Robert E. Burch
This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff. The owner of the dog claims damages under 42 U.S.C. Section 1983 for the alleged violation of his 14th Amendment rights, the witnesses to the shooting sue for damages for the infliction of emotional distress. The motion of the Deputy and the County for summary judgment was denied.
Cheatham
Court of Appeals
Carolyn Stovall v. Lois Clarke M2001-00810-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Russell Heldman
Williamson
Court of Appeals
Carolyn Stovall v. Lois Clarke M2001-00810-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Russell Heldman
M2001-01735-COA-R3-JV M2001-01735-COA-R3-JV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Tim Brock
Coffee
Court of Appeals
Calvin Tankesly v. Sgt. Pugh, et al. M2000-01520-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
Davidson
Court of Appeals
Glen Tucker vs. Steve Howell W2001-00999-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ron E. Harmon
Plaintiff home owner sued defendant construction company for damages resulting from defendant's failure to complete construction of plaintiffs' home. The Chancery Court of Decatur County, Tennessee entered judgment in favor of the plaintiffs in the amount of $17,057.00. Defendant has appealed. We dismiss the appeal.
Decatur
Court of Appeals
William Allen v. Donal Campbell, et al M2001-00277-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Mccoy
Petitioner, a state inmate, filed the underlying pro se declaratory judgment action pursuant to the Uniform Administrative Procedures Act to seek review of the Tennessee Department of Correction's refusal to answer a petition for a declaratory order. Petitioner requested a declaratory order to determine his entitlement to both good conduct sentence credits and good and honor time credits. The trial court granted the Department's motion to dismiss for failure to state a claim holding that petitioner was not entitled to duplicate sentence credits. For the following reasons, we affirm the decision of the trial court.
Davidson
Court of Appeals
Susan J. Hicks v. Crescent Resources, Inc. M2001-00079-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: J. Russ Heldman
Plaintiff was granted summary judgment for commissions due and owing from defendant. On appeal, we vacate and remand.
Williamson
Court of Appeals
John Pitt d/b/a Pitt Excavating vs. Tyree Org. Ltd. & Doug Suess Concrete M2001-00115-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.
This is a declaratory judgment action involving the interpretation and application of an indemnification provision contained in a construction contract. Defendant, Doug Suess d/b/a Doug Suess Concrete (hereinafter "Suess"), appeals from the final order of the trial court granting summary judgment to both plaintiff, John Pitt, II d/b/a Pitt Excavating (hereinafter "Pitt") and defendant, Tyree Organization Limited (hereinafter "Tyree"). We reverse.
Davidson
Court of Appeals
Travelers Indemnity Co. vs. Kenton Freeman, et al M2001-00657-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Ellen Hobbs Lyle
Travelers Indemnity Company [Travelers] filed a complaint for a declaratory judgment respecting its liability to pay UM coverage for the minor child of its policyholder who was divorced from the child's mother, with joint custody having been awarded. Mother was killed in a traffic accident in Alabama; her passenger child was injured. Mother owned and was driving her automobile, and she also had UM coverage. The adverse driver had split liability coverage all of which was paid, in equal parts, to the Administrator of the mother's estate, and to the minor child. Mother's UM carrier paid its entire policy proceeds to her administrator. Travelers objected, inter alia, to the lack of allocation of the proceeds of mother's UM coverage. Travelers' insured, on behalf of his minor child, filed a counter-claim against Travelers for the entire UM coverage, notwithstanding an amount certain had never been determined. The court found that Travelers had never disputed that the value of the minor child's claim exceeded the UM coverage and rendered a summary judgment against Travelers for an amount certain. We vacate and remand.
Davidson
Court of Appeals
Rutherford County vs. Martha Wilson M2000-01382-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Don R. Ash
This appeal involves a dispute over the interpretation of a grant of real property giving a life estate to the grantor's daughter with the remainder to go to the "heirs of her body" and, if at her death there were none, to the grantor's heirs at law. Rutherford County condemned a portion of the property, and the parties dispute apportionment of the condemnation proceeds. The life tenant is still living; therefore, her life estate has not terminated. However, the widow of the life tenant's deceased son claims that she has a one sixth (1/6) interest in the property because her husband owned a vested transmissible interest in the remainder, which passed in part to his widow on his death by intestate succession. The trial court found that Tennessee's statute governing class gifts requires that the son's issue, living at the termination of the life estate, would take his share of the remainder. Therefore, the widow would not be entitled to a portion of the remainder. The widow now appeals to this court. For reasons discussed herein, we affirm the trial court's determination that the widow had no interest in the remainder.
Rutherford
Court of Appeals
Tony Makoka v. Wendy Makoka-Mhlanga M2001-00363-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson
A prisoner filed a petition to enforce an agreed order that granted him visitation rights with his minor daughter. The child's mother asked the trial court to dissolve the agreed order. The court found that it was not in the best interests of the child to compel her to visit her father in prison, dissolved the agreed order, and enjoined the father from engaging in activities that amounted to harassment of the mother. We affirm the trial court.
Davidson
Court of Appeals
Erica Slaughter vs. Rosetta Rowe E2001-00840-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Samuel H. Payne
Erica R. Slaughter ("Slaughter") sued Rosetta Rowe ("Rowe") for slander and harassment after an alleged physical altercation precipitated by Slaughter's affair with Rowe's husband. After the physical altercation, Slaughter filed assault charges against Rowe leading to her arrest. The assault charge was eventually dismissed. Rowe filed a counter-claim for malicious prosecution. Each party testified at trial to her version of the events. The Trial Court concluded neither party carried her burden of proof on her claim and dismissed the entire lawsuit. Rowe appeals, and we affirm.
Hamilton
Court of Appeals
Christy Bauer vs. William Bauer M2001-00266-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell Heldman
In this divorce case, the Trial Court awarded custody of the child of the parties to the mother, and awarded attorney fees to the mother. Father has appealed these awards. We affirm.
Williamson
Court of Appeals
Cecelia Hutcheson v. Andrew W. Hutcheson M2000-02340-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Arthur E. Mcclellan
On August 18, 2000, Appellant was held to be in civil contempt of court for failure to pay alimony and failure to deliver property to his former wife in compliance with the previous divorce judgment in the case. We affirm the judgment of the trial court.
Sumner
Court of Appeals
Nicole Keeler v. Michael Keeler M2001-00684-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
In this divorce case, the trial court awarded the parties joint custody of their minor children, with primary physical custody awarded to the father. The mother contends on appeal that she is the more fit parent and should have been given primary custody. We affirm the trial court.
Montgomery
Court of Appeals
Sylvester Young v. Leah Barrow M2001-00876-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Marietta M. Shipley
This appeal arises out of a minor intersection accident. The complaints of the driver and passenger of one of the motor vehicles against the driver of the second motor vehicle were consolidated in the Circuit Court for Davidson County. The trial court granted a directed verdict against the plaintiff driver at the close of the plaintiffs' proof. Thereafter, the plaintiff driver filed a second lawsuit against the defendant driver and her insurer. The trial court dismissed the second suit on the ground of res judicata and granted the insurer's motion for a judgment on the pleadings. The plaintiff driver has perfected this appeal. We affirm the dismissal of his second complaint.
