COURT OF APPEALS OPINIONS

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

Court of Appeals

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

Court of Appeals

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

Court of Appeals

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

Court of Appeals

Hodges v. S.C. Toof &Amp; Co., 833 S.W.2D 896 (Tenn. 1992); T
03A01-9604-CV-00136
Trial Court Judge: Inman

Court of Appeals

02A01-9505-CH-00102
02A01-9505-CH-00102
Trial Court Judge: John Hill Chisolm

Fayette Court of Appeals

02A01-9505-CV-00111
02A01-9505-CV-00111
Trial Court Judge: Julian P. Guinn

Carroll Court of Appeals

02A01-9506-CH-00125
02A01-9506-CH-00125
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

02A01-9506-CV-00142
02A01-9506-CV-00142
Trial Court Judge: Whit A. Lafon

Madison Court of Appeals

02A01-9509-CH-00201
02A01-9509-CH-00201
Trial Court Judge: David G. Hayes

Weakley Court of Appeals

02A01-9501-CH-00006
02A01-9501-CH-00006
Trial Court Judge: Hansel J. Mcadams

Henry Court of Appeals

02A01-9506-CH-00127
02A01-9506-CH-00127

Shelby Court of Appeals

01A01-9601-CH-00028
01A01-9601-CH-00028
Trial Court Judge: Horace Pierotti

Davidson Court of Appeals

01A01-9603-CH-00133
01A01-9603-CH-00133
Trial Court Judge: Irvin H. Kilcrease, Jr.

Court of Appeals

01A01-9510-CH-00444
01A01-9510-CH-00444
Trial Court Judge: Cornelia A. Clark

Williamson Court of Appeals

01A01-9603-CH-00135
01A01-9603-CH-00135
Trial Court Judge: Irvin H. Kilcrease, Jr.

Court of Appeals

01A01-9604-CH-00189
01A01-9604-CH-00189
Trial Court Judge: Robert S. Brandt

Court of Appeals

02A01-9505-CH-00104
02A01-9505-CH-00104
Trial Court Judge: Floyd Peete, Jr.

Shelby Court of Appeals

02A01-9506-CV-00141
02A01-9506-CV-00141
Trial Court Judge: George H. Brown

Shelby Court of Appeals

Ali Agha Batebi, v. Patrick Wayne Clark and The Krystal Company
02A01-9410-CV-00228
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge James M. Tharpe

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.
02A01-9412-CV-00269
Authoring Judge: Judge Holly Kirby Lillard

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
02A01-9503-CH-00060
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor Russell Fowler

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
02A01-9503-CH-00060
Authoring Judge: Senior Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Chancellor Russell Fowler

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
02A01-9503-CV-00049
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

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.
02A01-9505-CV-00118
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Robert L. Childers

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