Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.

Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.

Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.

Blanche Bunch vs. Robert Sharp
E1999-02524-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Conrad E. Troutman, Jr.
In this boundary line dispute, the Trial Judge established the boundary between the parties' lands and Plaintiff has appealed. We affirm.

Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Trial Court Judge: W. Dale Young

Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Trial Court Judge: D. Kelly Thomas, Jr.

Sandra G. Jackson v. Goodyear Tire & Rubber Company
W1999-01691-WC-R3-CV
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: William Michael Maloan, Chancellor
The trial court determined that the plaintiff had suffered a 2% permanent partial disability to her right arm and a 3% permanent partial disability to her left arm as the result of bilateral carpal tunnel syndrome. The defendant submits that the awards are excessive and that the testimony of the independent medical evaluator should be disallowed due to his failure to utilize the AMA Guidelines in determining grip strength loss. For the following reasons, we disallow that portion of the independent medical evaluator's testimony dealing with grip strength loss but affirm the trial court's award of vocational disability.

Carolyn Sue Moore v. Wal-Mart Stores, Inc.
W2000-00719-WC-R3-CV
Authoring Judge: C. Creed Mcginley, Sp. J.
Trial Court Judge: Robert L. Childers, Judge By Interchange
The employer contends this claim is time barred by the statute of limitations and notice provisions and that the award to the workers' scheduled member was excessive. As discussed below, the panel concludes that the judgment of the trial court should be affirmed in all respects.

Doretha Currie v. Kaiser Aluminum & Chemical
W1999-00821-WC-R3-CV
Authoring Judge: Wil V. Doran, Sp. J.
Trial Court Judge: Joe C. Morris, Chancellor
The appellant presents the following issues for review: (1) Whether the trial court erred in finding that plaintiff sustained permanent partial disability as a result of a work-related injury on August 16, 1997; and (2) Whether the trial court's award of 35 percent permanent partial disability to the left arm was supported by a preponderance of the evidence. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

James Crawford vs. Ray Thomason, et al
M1998-00926-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert E. Corlew, III
This appeal stems from a hostile work environment claim involving the Department of Streets and Signs of the City of Murfreesboro. After enduring approximately three years of racial harassment by his immediate supervisors, an employee of the Department of Streets and Signs filed suit in the Chancery Court for Rutherford County against the City of Murfreesboro, the city manager, and his two supervisors seeking damages and injunctive relief under the Tennessee Human Rights Act. The City moved for summary judgment, pointing out that the offending supervisors had been terminated less than one month after the employee brought their conduct to the attention of the public works director. The trial court granted the summary judgment and dismissed the complaint. The employee has appealed. After reviewing the record in light of the principles announced in Parker v. Warren County Util. Dist., 2 S.W.3d 170 (Tenn. 1999), we have determined that the City is entitled to a judgment as a matter of law. Accordingly, we affirm the summary judgment.

Michael Dawn Frisbey v. Dorothy Marie Frisbey
M1999-00717-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Corlew, III

Doris Tipton vs. Elizabeth Quinn
M1998-00951-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Tom E. Gray
This is a breach of contract case involving agreements for Defendant to board and breed Plaintiff's horses for a share of the resulting foals. Shortly after the parties entered into an oral agreement, Defendant memorialized the agreement in a handwritten note. The agreement was subsequently reduced to more detailed writings by Plaintiff, which both parties signed. Plaintiff later claimed that Defendant breached portions of the agreement which required her to timely breed the mares, provide insurance, adequately care for and maintain the horses, provide adequate veterinary care for the horses, allow inspection of the horses, and halter-break foals. Defendant claimed that the agreement prepared by Plaintiff did not reflect the parties' original oral contract. The trial court granted Plaintiff partial summary judgment on the portion of her breach of contract claim alleging that Defendant failed to obtain insurance. After a bench trial, the court awarded Plaintiff compensatory damages for breach of contract as well as attorney's fees. Defendant appeals those decisions. We affirm as modified.

Keith Pfister vs. Tammy Searle (Moretti)
M2000-01921-COA-R3-JV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Lonnie R. Hoover
The appellant appeals from the trial court's judgment finding her in criminal and civil contempt for violation of an order establishing visitation for the father of her child. Because the appellant was not provided the notice required for criminal contempt, we vacate that holding; because the appellant complied with the court's order to produce her child, thereby purging her civil contempt, that judgment is now moot, and we decline to address it.

State of Tennessee v. Donald Johnson, Jr.
W2000-00875-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Bernie Weinman

Defendant was convicted by a Shelby County jury of felony murder and received a life sentence. In this appeal, defendant alleges: (1) the trial court erred in failing to suppress both his oral and written statements given to authorities; and (2) the state improperly exercised its peremptory challenges based upon race and gender. Upon our review, we are unable to resolve the suppression issue due to inadequate findings of fact and, therefore, remand for further findings regarding the oral and written statements. We conclude the trial court correctly ruled that there were legitimate race and gender-neutral reasons for the peremptory challenges. The judgment of the trial court is vacated, and the case is remanded for further findings and/or proceedings.

State of Tennessee v. Timothy McKinney
W1999-00844-CCA-R3-DD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Joseph B. Dailey

We affirm the defendant’s convictions of first degree murder and attempted second degree murder and the death sentence imposed on the murder charge, despite the defendant’s claims that: (1) the trial court erroneously disallowed expert testimony on the reliability of eyewitness identification; (2) the jury’s capital sentencing verdict was infirm; (3) the trial court erroneously allowed the impeachment of a defense character witness during the penalty phase of the trial; (4) the trial court erred in allowing victim impact evidence that related to the impact of the victim’s death on persons or institutions other than the victim’s family; (5) the trial court erroneously limited the defendant’s argument to the jury during the penalty phase; (6) cumulative errors require reversal of the death sentence; (7) the Tennessee death penalty statute is, for various reasons, unconstitutional. We find no error and hold that the death penalty in this case was proportionate to the death penalty imposed in similar cases, the sentence was not arbitrarily imposed, and the evidence supports the jury’s finding of a statutory aggravating circumstance and its finding that the aggravating circumstance outweighs any mitigating circumstances. See Tenn. Code Ann. § 39-13-206(c)(1) (1997).

State, ex rel, Purlie Page, vs Ricardo Trabal
E2000-02738-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Bill Swann
This action to establish paternity was dismissed by the Trial Court on the grounds of estoppel and laches. We reinstate the action and remand.

Lisa Venable vs. Boyd Venable
E2000-01543-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Richard E. Ladd
This divorce action was filed November 12, 1998. All issues involving money were contested: marital assets, debts, child support, attorney fees, costs.

Robert M. Sneed v. State of Tennessee
E2000-02213-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge R. Jerry Beck

The Defendant was convicted of DUI, second offense, and driving on a revoked license, second offense. His convictions were affirmed on direct appeal, and he subsequently filed for post-conviction relief, which was denied. In this appeal, the Defendant contends that the post-conviction court erred in denying his request for post-conviction relief, arguing that he was denied the effective assistance of counsel at trial; that he was denied a fair trial because the trial judge refused to recuse himself; and that the post-conviction court erred in refusing to admit certain evidence. We affirm the denial of the Defendant's request for post-conviction relief.

Karen Stempa, et al vs. Walgreen Co., et al
E2000-02223-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman

Susan Weissfeld vs. Steven Weissfeld
E2000-02233-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Bill Swann
In this divorce action the Trial Court divided marital property, set child support, and granted wife limited rehabilitative alimony. Wife appealed. We affirm, as modified.

City of Knoxville, et al vs. Robert J. Taylor, et al
E2000-02329-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Sharon J. Bell
This is an appeal from a judgment entered in the Chancery Court for Knox County imposing certain punishment as to two members of the Knoxville Police Force, Officer Robert J. Taylor and his father, Sergeant Dick Taylor. The Administrative Hearing Officer at the initial hearing found no misconduct on the part of the Taylors which would justify any penalty. The Taylors appeal contending the Chancellor was in error and there was substantial and material evidence to support the Hearing Officer's determination. As to Sergeant Taylor we reverse the Chancellor's determination and as to Officer Taylor we affirm.

Estate of Velma Russell vs. Knox County
E2000-02692-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Harold Wimberly
The Estate of Velma Monroe Russell, which was substituted as a party Plaintiff after the death of Mrs. Russell after the suit was filed but prior to trial, sues Knox County for injuries to her as a result of an automobile accident at a four-way-stop intersection. The Trial Court found the County was guilty of no negligence proximately causing the accident and the injuries to Mrs. Russell. We affirm.

State of Tennessee v. Norman B. Thompson
E2000-01017-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Ray L. Jenkins

The Defendant, Norman B. Thompson, appeals as of right from the revocation of his probation. We find no abuse of discretion in the revocation; thus, we affirm the judgment of the trial court revoking the Defendant’s probation.

E2000-01331-C0A-R3-CV
E2000-01331-C0A-R3-CV
Trial Court Judge: Sharon J. Bell

2000-02223-COA-R3-CV
2000-02223-COA-R3-CV
Trial Court Judge: Dale C. Workman