COURT OF APPEALS OPINIONS

01A01-9510-CH-00483
01A01-9510-CH-00483
Trial Court Judge: C. K. Smith

01A01-9510-PB-00461
01A01-9510-PB-00461
Trial Court Judge: James R. Everett

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

02A01-9511-CH-00255
02A01-9511-CH-00255
Trial Court Judge: C. Neal Small

02A01-9502-CV-00018
02A01-9502-CV-00018

02A01-9502-CV-00024
02A01-9502-CV-00024
Trial Court Judge: George H. Brown

02A01-9502-CH-00030
02A01-9502-CH-00030
Trial Court Judge: C. Neal Small

02A01-9509-CV-00207
02A01-9509-CV-00207
Trial Court Judge: Wyeth Chandler

03A01-9510-CH-00347
03A01-9510-CH-00347

03A01-9509-CH-00303
03A01-9509-CH-00303

01A01-9510-CH-00481
01A01-9510-CH-00481
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9510-JV-00474
01A01-9510-JV-00474
Trial Court Judge: Andrew J. Shookhoff

01A01-9510-JV-00479
01A01-9510-JV-00479
Trial Court Judge: Andrew J. Shookhoff

01A01-9601-CH-00030
01A01-9601-CH-00030
Trial Court Judge: Ellen Hobbs Lyle

02A01-9502-CH-00025
02A01-9502-CH-00025
Trial Court Judge: Dewey C. Whitenton

01A01-9506-JV-00262
01A01-9506-JV-00262
Trial Court Judge: W. Nowlin Taylor

01A01-9508-CH-00365
01A01-9508-CH-00365
Trial Court Judge: Allen W. Wallace

03A01-9509-CH-00318
03A01-9509-CH-00318

Joyce Ann Neal, Individually and as parent and next of kin of the minor child, Brandon Devoris Neal, v. Fayette County Board of Education, Dale Summitt, et al.
02A01-9412-CV-00271
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Jon Kerry Blackwood

This matter arose out of a personal injury action brought against Fayette County 2 Board of Education by plaintiff, Joyce Ann Neal, as parent and next of kin of Brandon Neal, a minor. Brandon, age eleven, was injured while playing basketball when his finger became caught in the goal. Reasoning that the goal was neither dangerous nor defective and that Brandon caused his own injuries through his misuse of the goal, the trial court held in favor of the school board. On appeal, plaintiff contends that the evidence preponderates against the trial court's determination that the goal was not dangerous or defective. Plaintiff further alleges that the trial court erred in failing to find that the school board was negligent. For the reasons stated below, we find these contentions to be without merit; therefore, we affirm the trial court's judgment.

Charles Steven Denbow, v. Sandra Kay Denbow
02A01-9410-CH-00238
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge Joe C. Morris

This is a domestic relations case with an unusual twist. On May 3, 1994, plaintiff filed a complaint in the Chancery Court of Chester County seeking a divorce from defendant on the grounds of irreconcilable differences. At the same time, plaintiff filed a marital dissolution agreement (“agreement”) executed by the parties on May 2, 1994. The agreement provided that the parties would have joint custody of their two minor children, then ages 13 and 15, with the children residing with plaintiff. No child support was to be paid by either party. In addition, the agreement did not make any allowances for alimony and purported to divide the real and personal property between the parties. Plaintiff was represented by counsel at the time the parties executed the agreement, but defendant was not. Shortly thereafter, defendant employed counsel and on June 3, 1994, filed a motion to set aside the agreement. In her motion defendant contended that she was forced to sign the agreement under duress and fear of bodily harm. She also contended that the agreement did not adequately provide for the care and maintenance of the parties’ minor children or make an equitable settlement of the 2 parties’ property as required by T.C.A. § 36-4-103(b) (1991). Defendant’s motion asked the court to set the agreement aside and allow the parties to proceed with the divorce as if the agreement had never been executed.

Waymon Frederic Axley, v. Beverly Anne Mallette Axley
02A01-9412-CV-00283
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor W. Michael Maloan

After a thirty year marriage,1 Waymon Frederic Axley (Husband) and Beverly Anne Mallette Axley (Wife) were divorced by final decree entered by the trial court in August 1994.2 This appeal concerns the trial court’s award to Wife of $1,500 per month as alimony in futuro and, as additional alimony, $177.62 per month for 36 consecutive months to continue Wife on Husband’s health insurance through his employer. Wife seeks an increase in the award as well as her attorney’s fees for services rendered in this appeal. She frames the issues as follows:

Terry T. Johnson, v. Michael H. McCommon & MLG & W
02A01-9502-CV-00029
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Wyeth Chandler

This action was brought against Michael McCommon and Memphis Light, Gas, and 2 Water (MLG&W) for personal injuries sustained when McCommon, an employee of MLG&W, struck plaintiff with his vehicle. McCommon was dismissed from the suit prior to trial. Following a bench trial, the lower court held that plaintiff's negligence was greater than that of the defendant and that plaintiff proximately caused her own injuries. Because we do not find that the evidence preponderates against the trial court's determination, we affirm the judgment dismissing plaintiff's case.