Opinions

Margaret Parker vs. Kroger Co.
02A01-9812-CV-00373

Trial Court Judge: James F. Russell

State vs. Kenneth Henderson
02C01-9808-CC-00243

State vs. Willie Cunningham
02C01-9801-CR-00022

David Swett, Sr. v. Grace Z. Aleman Swett
M1998-00961-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal involves the dissolution of a nine-year marriage. Following a bench trial in the Circuit Court for Davidson County, the trial court found both parties to be at fault but awarded the divorce to the wife. The court also granted the parties joint custody of their son and divided their property. On this appeal, the wife asserts that the trial court erred by concluding that her conduct contributed to the divorce and by refusing to give her sole custody of the parties' son. Both parties take issue with the manner in which the trial court divided their property. The wife asserts that the trial court erred by classifying the husband's interest in the real property on which his family's restaurant is located as separate property and by failing to award her a portion of the appreciation in the value of his family restaurant business. The husband takes issue with the trial court's refusal to award him certain items of household furnishings. Finally, the wife asserts that she is entitled to post-judgment interest on the judgment used to equalize the distribution of the marital estate, as well as her legal expenses incurred on appeal. We have determined that the trial court's fault determination, joint custody arrangement, and division of marital property are supported by the record. Accordingly, we affirm the judgment and deny the wife's request for appellate legal expenses.

Matthews vs. Pickett County, Tennessee
01S01-9801-FD-00005

Trial Court Judge: David A. Nelson

Brewer vs. Lincoln Brass Works
01S01-9609-CV-00196

Becky Chenault vs. William Carsley
02A01-9710-CV-00255

Trial Court Judge: William B. Acree

02A01-9802-CH-00269
02A01-9802-CH-00269

Trial Court Judge: George R. Ellis

Randall Henley, et al vs. Russell Amacher, et al
M1999-02799-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Buddy D. Perry
This appeal involves an early morning, drunken joyride by four teenagers that ended when their sport utility vehicle overturned. One of the passengers who was injured when he was thrown from the vehicle sued the driver and his father in the Circuit Court for Franklin County seeking $200,000. A jury assessed the passenger's damages and attributed 75% of the fault to the driver and 25% of the fault to the passenger. In accordance with the jury's verdict, the trial court awarded the passenger a $34,125 judgment against the driver and his father. On this appeal, the driver and his father take issue with (1) the allocation of less than 50% of the fault to the passenger, (2) the lack of evidence to support the application of the family purpose doctrine, (3) the awards for permanent impairment and future medical expenses, and (4) the trial court's refusal to give two requested instructions. We have determined that the only reversible error in the proceeding involves the jury's decision to award the passenger $20,000 for future medical expenses. Accordingly, we affirm the jury's verdict as to liability and allocation of fault. With regard to the damage award, we suggest a remittitur which, if accepted, will reduce the passenger's judgment to $19,125.

In the matter of S.MC. and J.L.C.
01A01-9807-JV-00358

Trial Court Judge: Andrew J. Shookhoff

01C01-9803-CC-00129
01C01-9803-CC-00129

Katherine Theresa DeVault, v. James Canon DeVault, Jr.
01-A-01-9806-CV-00270
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Muriel Robinson

This appeal involves a dispute over child support for the parties' two minor children. The trial court denied the Father's petition to modify the support as it had been set in the final decree. In addition, the court placed a lien on two of the Father's properties and awarded fees to the Mother's attorney. On appeal, we affirm the court's decision with regard to child support and attorney fes. However, regarding the lien, we modify the trial court's decision such that a lien remains on only one of the Father's proerties. Accordingly, the decision of the trial court is affirmed as modified and remand for further proceedings.

England v. Hickory Specialties
03S01-9807-CV-00082
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. John Turnbull,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Hickory Specialties, insists (1) the trial judge erred in relying on the testimony of Dr. Gene Turner with respect to the extent of the employee's medical impairment, (2) the trial judge erred in finding a causal connection between the employee's injury and her employment by the employer, (3) the award of permanent partial disability benefits is excessive and (4) the trial judge erred in finding that the employee did not have a meaningful return to work. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, England, initiated this action to recover medical disability benefits allegedly due her because of a back injury. The employer denied any liability. After a trial on the merits, the trial court awarded, inter alia, permanent partial disability benefits based on thirty-five percent to the body as a whole. The extent of an injured worker's disability is a question of fact. Collins v. Howmet Corp., 97 S.W.2d 941 (Tenn. 1998). So is causation. We have therefore reviewed the case de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The claimant is thirty-seven years old with a ninth grade education and experience as a waitress, at a cannery and as a vegetable packer. She began working for this employer in 1991 as a charcoal bagger. She testified at the trial that on September 27, 1995, the plant ran out of charcoal and she was assigned to unload wood from a tractor-trailer and box it in 4-75 pound boxes, then place up to 27 of such boxes on flats. The employer insists the plant did not load any wood in the week before, during or after the date of injury. 2

Mcginn v. Denamerica Corp.
03S01-9807-CH-00083
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Billy Joe White,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer and its insurer insist (1) the employee did not suffer an injury compensable under the workers' compensation law of Tennessee, (2) the award of permanent partial disability benefits is excessive and (3) the trial judge erred in rejecting the testimony of Dr. Robert E. Ivy. As discussed below, the panel has concluded the judgment should be affirmed. After a trial of the issues raised by the parties, the chancellor awarded 2

State vs. Steve Click, Jr.
03C01-9804-CC-00135

State vs. Thomas I. Freeman, Jr.
03C01-9808-CC-00298

Almetter Chalmers vs. Exchange Ins.
02A01-9711-CV-00280

Trial Court Judge: George H. Brown

State vs. Harry Goff
02C01-9806-CC-00177

Trial Court Judge: Roy B. Morgan, Jr.

State vs. Burl White
02C01-9810-CC-00322

State vs. Earl Legans
02C01-9810-CC-00326

State vs. Bronche Terrell
02C01-9801-CR-00014

Trial Court Judge: Arthur T. Bennett

Stanley Wilson v. Jim Davenport, Tennessee Department of Employment Security and Carrier Air Conditioning
02A01-9712-CH-00301
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Floyd Peete, Jr.

This is an unemployment benefits case. The claimant’s employment was terminated, based on alleged misconduct. His application for employment benefits was denied. After administrative appeals, the chancery court affirmed the denial of benefits. The claimant appeals. We affirm the decision of the chancery court based on the claimant’s failure to timely file his petition for a writ of certiorari.

First Deposit National Bank, v. Men K. Quach
01A01-9809-CH-00505
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Carol L. McCoy

This is an attack on the service of a summons. The Chancery Court of Davidson County refused to set aside a default judgment based on the sheriff’s return. We affirm.

Regina Harris, Individually and as Parent and Next Friend of a Minor, v. Dr. Andrew L. Chern and Baptist Hospital, Inc.
01A01-9806-CV-00299
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Thomas W. Brothers

This is a medical malpractice case where in Ronnie Dale Netherton, Jr., sustained severe brain injury incident to his birth at Baptist Hospital, Inc. The Trial Judge granted a partial judgment in favor of Baptist as to any negligence alleged against it in connectin with the post-natal care of Plaintiff Ronnie Netherton, Jr. Although the Trial Judge overruled themotion for summary judgment alleging negligence by Baptist preceding Ronnie's birth, the Trial Judge, when ruling on the Plaintiff's motino to reconsider his orfer of partial summary judgment, overruled the motion and made the partial summary judgment final pursuant to Rule 54 of the Tennessee Rules of Civil Procedure, resulting in this appeal.

Janice Young vs. John Doe, et al., - Concurring
01A01-9810-CV-00517
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Thomas W. Graham

This is an uninsured motorist insurance case. Plaintiff/Appellant, Janice C. Young, appeals the order of the trial court granting summary judgment to the unnamed Defendant/Appellee, State Farm Mutual Automobile Insurance Company (State Farm).