Johnny D. Young, v. Norfolk Southern Railway Company
03A01-9812-CV-00414
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge W. Neil Thomas, III

This is an appeal from the Trial Court’s denial of a Motion for New Trial filed by Plaintiff/Appellant, Johnny D. Young. The motion was based upon allegations of a quotient verdict, improper admission of evidence, and improper argument by counsel for Defendant/Appellee, Norfolk Southern Railway Company. Although Plaintiff prevailed in his Federal Employers Liability Act (FELA) action against Defendant, Plaintiff alleged five grounds in a Motion for New Trial, attaching as exhibits affidavits of five jurors, a court officer and Plaintiff’s trial counsel. Defendant responded with contradictory affidavits from four jurors. By entry of a Memorandum and Order, the Trial Court denied four of the grounds for new trial asserted by Plaintiff, and reserved final ruling on the issue of quotient verdict pending testimony by the jurors to resolve the contradictory statements in the affidavits filed by the parties. A hearing was held during which

03A01-9901-CH-00020
03A01-9901-CH-00020

Johnny D. Young, v. Norfolk Southern Railway Company
03A01-9812-CV-00414
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge W. Neil Thomas, III

This is an appeal from the Trial Court’s denial of a Motion for New Trial filed by Plaintiff/Appellant, Johnny D. Young. The motion was based upon allegations of a quotient verdict, improper admission of evidence, and improper argument by counsel for Defendant/Appellee, Norfolk Southern Railway Company. Although Plaintiff prevailed in his Federal Employers Liability Act (FELA) action against Defendant, Plaintiff alleged five grounds in a Motion for New Trial, attaching as exhibits affidavits of five jurors, a court officer and Plaintiff’s trial counsel. Defendant responded with contradictory affidavits from four jurors. By entry of a Memorandum and Order, the Trial Court denied four of the grounds for new trial asserted by Plaintiff, and reserved final ruling on the issue of quotient verdict pending testimony by the jurors to resolve the contradictory statements in the affidavits filed by the parties. A hearing was held during which the Trial Court questioned, and then heard examination by counsel for the parties of, all twelve jurors. After Plaintiff voiced allegations of improper communication between jurors at this first hearing, Plaintiff’s counsel and a paralegal for Plaintiff’s counsel testified at a second hearing. The Trial Court subsequently entered a second Memorandum and Order denying Plaintiff’s Motion for New Trial in its entirety. The issue in this appeal is whether the Trial Court erred in the application of evidence gathered in the post-trial proceedings, with peripheral assertions of error concerning the conduct of the trial. We affirm the Trial Court’s denial of the Motion for New Trial, as all issues raised by Plaintiff were properly, and articulately, resolved by the Trial Court.
 

03A01-9904-CV-00153
03A01-9904-CV-00153

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Ray L. Jenkins

State vs. Conley Fair
03C01-9810-CR-00362
Trial Court Judge: Arden L. Hill

Keaseler vs. Swain
M1998-00228-COA-R3-CV
Trial Court Judge: Muriel Robinson

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Rex Henry Ogle

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Phyllis H. Miller

Ferrell vs. Ferrell
M1998-00214-COA-R3-CV
Trial Court Judge: Marietta M. Shipley

Daron vs. Dept. of Correction, et al
M1998-00217-COA-R3-CV
Trial Court Judge: Carol L. Mccoy

M1998-00221-COA-R3-CV
M1998-00221-COA-R3-CV
Trial Court Judge: Ellen Hobbs Lyle

Cole vs. Cole
M1999-00933-COA-R3-CV

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

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: E. Eugene Eblen

03C01-9903-CR-
03C01-9903-CR-
Trial Court Judge: Lynn W. Brown

03C01-9903-CR-
03C01-9903-CR-
Trial Court Judge: Lynn W. Brown

Shirley Clark v. Humboldt Healthcare, Inc., d/b/a Parkview Nursing and Rehabilitation Center
02S01-9903-CH-00029
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: Hon. George R. Ellis,
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issues presented by the defendant for our review are as follows: 1. Whether the trial court erred in awarding the plaintiff interest on a judgment for benefits not yet accrued where the award was not reduced to a lump sum award; and 2. Whether the trial court erred in awarding discretionary costs for the deposition of Dr. R.J. Barnett, for obtaining medical records, and for a filing fee and service fee.

In State v. Anthony, 817 S.W.2D 299 (Tenn. 1991) Bars The Defendant'S Separate
M1997-00019-SC-R11-CD

M1997-00020-SC-R11-CD
M1997-00020-SC-R11-CD
Trial Court Judge: Ann Lacy Johns

W1997-00023-SC-DDT-DD
W1997-00023-SC-DDT-DD
Trial Court Judge: Whit A. Lafon

State vs. Charles Elsea, Jr.
03C01-9901-CR-00031

State vs. J.D. Edward Ealey
03C01-9902-CR-00075
Trial Court Judge: James E. Beckner

Momon vs. State
E1996-00007-SC-R11-PC

Momon vs. State
E1996-00007-SC-R11-PC