COURT OF APPEALS OPINIONS

Charles R. Browder and Teresa Noland Browder, v. Jerry C. Morris and Chris Castleberry, et al.
02A01-9602-CV-00039
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Wyeth Chandler

This is an interlocutory appeal by appellants, Charles R. and Teresa Noland Browder, from the trial court’s denial of a motion seeking to amend their complaint to name an additional party defendant pursuant to T.C.A. § 20-1-119. The statute was enacted in response to the supreme court’s decision in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), which abolished the doctrine of contributory negligence in Tennessee and adopted principles of comparative fault. The statute allots a plaintiff in cases of comparative fault additional time beyond the normal running of the statute of limitations within which to join a previously unnamed defendant by either amendment of the complaint or institution of a separate action. The issue presented here is whether the statute as enacted contemplates the joinder of a third party defendant whose liability, if any, is vicarious only.

Seagroves vs. TN. Department of Correction
01A01-9508-CH-00334
Trial Court Judge: Robert S. Brandt

Out Patient Diagnostic Center vs. Christian
01A01-9510-CV-00467
Trial Court Judge: Barbara N. Haynes

Out Patient Diagnostic Center vs. Christian
01A01-9510-CV-00467

Mayfield vs. Mayfield
01A01-9611-CV-00501
Trial Court Judge: Muriel Robinson

Mayfield vs. Mayfield
01A01-9611-CV-00501

First Farmers & Merchants Nat'l. Bank vs. Burt Bros. Furniture
01A01-9608-CV-00381
Trial Court Judge: Jim T. Hamilton

01A01-9610-CV-00496
01A01-9610-CV-00496
Trial Court Judge: Buddy D. Perry

McCamey vs. TN. Dept. of Correction
01A01-9701-CH-00033
Trial Court Judge: Walter C. Kurtz

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Williams vs. Sugar Cove
03A01-9605-CH-00175

Copper Cellar vs. Miller
03A01-9607-CV-00239

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

David Dean vs. Home Depot USA, Inc.
M1999-02313-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Soloman
Plaintiff, David Dean, was a 68 year old frequent patron of Home Depot. On April 27, 1997, Mr. Dean completed his shopping at the store, paid the cashier and, upon departing, appeared to have set off the electric theft detection alarm. An employee of Home Depot stopped Mr. Dean and asked him to step back into the store while employees located the source of whatever triggered the alarm. Mr. Dean was neither arrested nor charged and ultimately left the store. He brought suit against Home Depot for false imprisonment resulting in a jury verdict in his favor for $37,593.00. On Motion for a New Trial, asking in the alternative for remittitur, the trial court reduced the judgment by $3,000.00. Defendant appealed. Upon consideration of the record, we suggest an increased remittitur and remand the case giving Mr. Dean 15 days to accept the suggested remittitur.

Bondy vs. Martin
03A01-9609-JV-00310

Bondy vs. Martin
03A01-9609-JV-00310

Price vs. TN. Civil Service Comm.
01A01-9508-CH-00336
Trial Court Judge: Irvin H. Kilcrease, Jr.

Smith, et. al. vs. The Castner-Knott Dry Goods
01A01-9512-CV-00554
Trial Court Judge: William C. Koch

Profill Development vs. Dills, Comm
01A01-9607-CH-00326
Trial Court Judge: Robert S. Brandt

Lemm vs. Adams
01A01-9607-CH-00330
Trial Court Judge: Ellen Hobbs Lyle

Duffey vs. Lee, et. al.
01A01-9607-CH-00324
Trial Court Judge: Lee Russell

Moon vs. St. Thomas Hospital
01A01-9609-CV-00389
Trial Court Judge: Barbara N. Haynes