Darryl Jones, as surviving next of kin of Goldie Jones, Deceased, v. Dana A. Watson,and Sheree Watson
02A01-9602-CV-00038
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Robert L. Childers

Darryl Jones (hereafter “Plaintiff”) filed suit in the Circuit Court of Shelby County against Dana A. Watson and Sheree Watson (hereafter “Defendants”) to recover damages for the wrongful death of his wife, Goldie Jones, as a result of a motor vehicle accident. Defendants were insured by Allstate Insurance Company ( hereafter “Allstate”). Allstate ultimately entered into a settlement agreement with plaintiff and pursuant thereto issued not one but two consecutive settlement checks to plaintiff. Because the son of the deceased wife incorrectly filed a wrongful death action on his own behalf, plaintiff was prevented from consummating the settlem ent agreement with
Allstate. Some three years after plaintiff’s suit had been filed, defendants filed a motion to dismiss on the grounds that plaintiff had failed to comply with Rules 3 and 4 T.R.C.P. in that defendants had not been served with process, nor had an alias summons been issued, nor had the action been  recommenced within one year of the date of the issuance of the original process, thus plaintiff’s claim was barred by the one year statute of limitations. The trial court granted the defendants’ motion to dismiss. The sole issue presented by plaintiff on appeal is whether the trial court erred in so doing. We find that it did and reverse.

Lois Smith and Cecil Smith, v. Bethel Marie (Smith) Schneider, v. Roger Allen Smith
02A01-9608-CH-00193
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Joe C. Morris

The petition was filed in accordance with T.C.A. § 36-6-301 which states: Grandparents’ visitation rights. -- (a) The natural or legal grandparents of an unmarried minor child may be granted reasonable visitation rights to the child during such child’s minority by a court of competent jurisdiction upon a finding that such visitation rights would be in the best interests of the minor child. Lois Smith and Cecil Smith appeal from the trial court’s denial of their petition seeking visitation rights with their grandson, Jonathon Allen Smith, pursuant to T.C.A. § 36-6-301.1 The appellants are the parents of Roger Allen Smith whose marriage to Bethel Marie Smith (now Schneider) ended in divorce in April 1990. Jonathon Allen Smith was born to that marriage and was age 7 at the time of the hearing which is the subject of this appeal. Custody of Jonathon was awarded to his mother.

Wherein The Board'S Discretion Is Not So Broad. See Totty v. Tennessee Dep'T Of
01A01-9607-CH-00335
Trial Court Judge: William C. Koch

01A01-9607-CV-00307
01A01-9607-CV-00307
Trial Court Judge: William B. Cain

01A01-9605-CH-00219
01A01-9605-CH-00219
Trial Court Judge: Ellen Hobbs Lyle

01A01-9605-CV-00242
01A01-9605-CV-00242
Trial Court Judge: Marietta M. Shipley

01A01-9606-CV-00283
01A01-9606-CV-00283
Trial Court Judge: Walter C. Kurtz

01A01-9607-CH-00335
01A01-9607-CH-00335
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9609-CH-00393
01A01-9609-CH-00393
Trial Court Judge: Ellen Hobbs Lyle

Turnbo vs. Turnbo
01A01-9307-CH-00314
Trial Court Judge: Jim T. Hamilton

01A01-9605-CV-00210
01A01-9605-CV-00210
Trial Court Judge: John A. Turnbull

01A01-9605-CH-00215
01A01-9605-CH-00215
Trial Court Judge: Robert S. Brandt

01A01-9605-CH-00215
01A01-9605-CH-00215

01A01-9607-CH-00287
01A01-9607-CH-00287
Trial Court Judge: William B. Cain

Hall, 847 S.W.2D 208, 211 (Tenn. 1993); Clifton v. Bass, 908 S.W.2D 205, 208
01A01-9605-CV-00210

01A01-9606-CV-00283
01A01-9606-CV-00283

01A01-9607-CH-00296
01A01-9607-CH-00296
Trial Court Judge: Tom E. Gray

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

03C01-9511-CC-00356
03C01-9511-CC-00356

03C01-9506-CR-00170
03C01-9506-CR-00170

Nancy Buchanan, Mother et al., Next of Kin of Corwendell D. Perkins, Deceased, v. Hardemen County Tennessee and Hardeman County Highway Dept.
02A01-9411-CV-00257
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jon Kerry Blackwood

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the
Court of Appeals of Tennessee. The plaintiffs/appellants in this cause, Nancy Buchanan, et al., (“Buchanan”) appeal the trial court’s grant of summary judgment to defendants/appellees, Hardeman County, Tennessee, et al., (“Hardeman County”). After a serious automobile accident on Minnie Hill Road in Hardeman County, Buchanan filed suit against Hardeman County for wrongful death, alleging that the road was not properly maintained by the County. Buchanan alleged that the accident would not have occurred had a lower speed limit been posted, a warning sign been erected, the curve properly delineated by road markings, and guardrails been installed. Buchanan argues that the doctrine of sovereign immunity does not apply to Hardeman County in this case and that the road was unsafe, dangerous, and defective under Tenn. Code Ann. § 29-20-203(a).

Angie Brooks, v. Kimberly Quam Davis and Gayle Schaal, and Erica Brooks, a minor B/N/F Angie Brooks, mother and natural guardian, v. Kimberly J. Quam Davis and Amy Schaal
01A01-9509-CV-00402.
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Robert W. Wedemeyer

This appeal is from the dismissal of the separate, but consolidated, suits of a mother and daughter for their personal injuries sustained while guest-passengers in a vehicle owned by Gayle (Amy) Schall and operated by Kimberly J. Quam Davis (hereafter "Ms. Davis"). Allstate Insurance Company (hereafter "Allstate") was served with process as an uninsured motorist insurer.

Carolyn S. Todd v. St. Paul Fire and Marine Ins. Company
02S01-9603-CV-00023
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. J. Steven Stafford,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer's insurer contends (1) benefits should be denied because of a false application for employment, (2) the trial court erred in awarding medical expenses not authorized by it, (3) the trial court erred in awarding temporary total disability benefits from the date of the injury until September 13, 1993 and (4) the award of medical benefits based on ten percent permanent partial disability to the body as a whole is excessive. The employee contends the award of permanent partial disability benefits is inadequate. As discussed below, the panel has concluded the award of temporary total disability benefits should be modified and the judgment otherwise affirmed. The employee or claimant is thirty-four and has an eighth grade education. She first completed a job application on September 25, 1989 and was hired as a flagman at Ford Construction Company, but performed other jobs, including driving a truck and shoveling or sweeping asphalt. Because the work was seasonal, she signed three subsequent applications. In her applications, the claimant denied any previous back injury or workers' compensation claim. In both respects, the application was false. She had in fact received in the past benefits for a back injury, from another employer. On July 2, 1992, the claimant injured her back while shoveling asphalt at work. She continued working until July 16th, when she was referred to Dr. J. Canale. Dr. Canale diagnosed myositis and muscle inflammation, for which he treated her conservatively until August 27th, when he released her to return to work without restrictions, limitations or permanent impairment. The claimant informed the employer that she was dissatisfied with Dr. Canale and asked to be referred to another doctor. In her testimony, she said the insurance company failed to provide her with the name of another doctor or a list from whom she could have made a choice. The trial judge apparently believed her. On the advice of her attorney, she saw Dr. James McAfee on September 11, 1992. Dr. McAfee diagnosed cervical strain, for which he prescribed physical therapy and nerve blocks. The doctor opined the injury was related to the injury at work and estimated the claimant's permanent impairment at eight percent to the whole body, from appropriate guidelines. The claimant incurred medical expenses for care prescribed by Dr. McAfee totaling $5,974., which the trial court found to be reasonable and reasonably necessary. 2