State of Tennessee v. Alfred B. Rollins, et al. - Concurring
01C01-9304-CR-1282
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Walter C. Kurtz

I concur in the result reached in the majority opinion. I write separately, though, to express my strong belief that the appellant’s conduct in this case is free of any blame, given the context of the question in issue. In this respect, whether I or anyone else would have found a more circumspect way to prove the point or make a record is largely irrelevant. Likewise, whether all the evidence -- viewed in hindsight -- actually proved the points sought to be proved relative to the appellant’s question is largely irrelevant.

Dodson Roberts, v. National Safety Associates, Inc.
02A01-9506-CH-00134
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Neal Small

This is an action by Appellee, Dodson Roberts(Roberts), to recover the compensation allegedly due him from his former employer, the appellant, National Safety Associates, Inc. (NSA).

Jeannie Farrow v. Warren G. Reed
03A01-9603-CV-00089
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Wheeler A. Rosenbalm

In this medical malpractice action, Plaintiff-Appellant, Jeannie Farrow (“Farrow” or “Plaintiff”), appeals the trial court’s judgment granting the Motion for Summary Judgment filed by Defendant-Appellee, Warren G. Reed (“Dr. Reed” or “Defendant”).

Jeannie Farrow, v. Warren G. Reed
03A01-9603-CV-00089
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Wheeler A. Rosenbalm

In this medical malpractice action, Plaintiff-Appellant, Jeannie Farrow (“Farrow” or “Plaintiff”), appeals the trial court’s judgment granting the Motion for Summary Judgment filed by Defendant-Appellee, Warren G. Reed (“Dr. Reed” or “Defendant”).

Geneva Coffey v. Fayette Tubular Products Corporation
01S01-9601-CV-00003
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge John J. Maddux, Jr.

In this retaliatory discharge action, the plaintiff, Geneva Coffey, appeals fromtwo aspects of the Court of Appeals’ judgment: (1) its suggested remittance of the punitive damage award from $500,000 to $150,000; and (2) its disallowance of the $20,000 in “front pay” awarded by the trial court. After a careful consideration of the law and the record in this case, we conclude that the Court of Appeals erred in both respects. Therefore, we reverse that court’s judgment, and reinstate, in its entirety, the judgment rendered by the trial court.
 

Eli Mike and James A. Schrampfer and Jane N. Forbes, as Trustee in Bankruptcy for the Estate of David L. Osborn v. PO Group, Inc. a Tennessee Corp., James W. (Bill) Anderson III, and the Estate of Harold L. Jenkins - Concurring
01S01-9508-CH-00137
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Chancellor C. Allen High

This case presents for review the decision of the Court of Appeals, affirming an award of summary judgment in favor of the defendants. The Court of Appeals held that the plaintiffs' suit charging the breach by a  majority shareh older of a fiduciary duty owed to minority shareholders is barred by the o ne year statute of limitations. This Cou rt concludes that the applicable period of limitations is three years and remands the case to the trial court to determine whether plaintiffs' action was time-barred.

Blanche Bilbrey and Cecil Asberry v. Vestel Smithers - Concurring
01S01-9509-CH-00168
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Chancellor Vernon Neal

This case presents for review the right of a child born out of wedlock to  inherit from his natural father who died prior to the amendment of Tenn. Code Ann. § 31-2-105(a)(2)(B) (Supp. 1995) in 1978. The record supports the finding of paternity, but the claimant failed to establish the right to inherit as required by the statute; however, the appellant is estopped to deny the claimant's asserted interest in the decedent father's real property.

Frank L. White v. Hubert A. McBride, Executor - Cocurring
02S01-9510-PB-00104
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Leonard Pierotti

This case presents the question of whether the plaintiff, attorney Frank White,may recover attorney’s fees from the estate of Kasper McGrory. This broad question may, in turn, be divided into two specific subissues: (1) whether the contingency fee contract between White and McGrory is “clearly excessive” under Disciplinary Rule 2-106 of the Code of Professiona Responsibility, Tenn. Sup. Ct. R. 8, and is, thus, unenforceable; and (2) if the contingency fee contract is unenforceable, whether White may, nevertheless, recover attorney’s fees on a quantum meruit basis. For the reasons that follow, we hold that the contract is unenforceable and that White is not entitled to recover under the theory of quantum meruit. Because the probate court and the Court of Appeals held that White could not recover under the contract, but could recover on a quantum meruit basis, we reverse the latter part of the judgment.

Tracy W. Moore, Deceased, by Parent and Next of Kin, Shirley Moore; and Shirley Moore, Individually, v. James A. Prescott, II
02A01-9609-CV-00277
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Whit A. Lafon

Plaintiff Shirley Moore, on her own behalf and on behalf of her deceased son, Tracy W. Moore, appeals the trial court’s order granting the motion for summary judgment filed by Appellee Haulers Insurance Company, Moore’s uninsured motorist carrier. In granting the motion, the trial court ruled that the automobile insurance policy issued by Haulers did not cover Moore’s claim because Moore failed to give prompt notice of the claim to Haulers as required by the policy provisions. We affirm.

Debra Michelle Lambert v. Famous Hospitality, Inc.
02S01-9511-CV-00112
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Joe C. Morris
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff was working at Bruce Hardwood Floors when she injured her right shoulder in October of 1991 while lifting pieces of wood from a conveyor belt. In May of 1992, she complained to her treating physician of pain in her hands and wrists. She alleged work-related permanent disability as a result of these conditions. The trial court awarded plaintiff 33 percent permanent partial disability to each arm. We find the plaintiff has failed to meet her burden of proving permanent partial disability and therefore reverse the decision of the trial court and dismiss the complaint. Plaintiff testified that she was removing thin or short wood from a conveyor belt and lifting 4 to 5 pounds frequently when her right shoulder started bothering her, sometime in October or before October. The employer referred her to Convenient Care Clinic, then referred her to Dr. Alan Pechacek, board-certified orthopedic surgeon, at Jackson Clinic. Dr. Pechacek's examination and x-ray on November 11, 1991 gave him the impression that plaintiff's right shoulder pain was due to some irritation or inflammation of the rotator cuff tendons. He prescribed physical therapy, exercises, pain medication and work restrictions, which improved plaintiff's condition. In January of 1992, Dr. Pechacek told plaintiff she could return to full work with no restrictions. He continued to see her for renewal of prescriptions but felt she was "basically functional, as far as being able to do her job." In May of 1992, plaintiff returned to Dr. Pechacek complaining of shoulder pain and also bilateral wrist and hand pain and numbness. She said this bothered her both at work and at home at night. At her June, 1992 office visit, Dr. Pechacek stated that plaintiff's symptoms were "mild and vague," and he gave her splints to wear on her wrists. She was no longer working because of some dispute with her employer, and he thought she could control her hand activity at home. In July 1992, she returned still complaining of discomfort, so Dr. Pechacek ordered nerve conduction studies, which showed mild changes in the median nerve 2

Blanche Rene Smith v. Bruce Hardwood Floors
02S01-9512-CH-00130
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Joe C. Morris, Chancellor
This case is before the Court upon a motion for review purAppellate suant to C ourt Tenn.Clerk Code Ann. _ 5-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well- taken and should be denied; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. Costs will be paid by the plaintiff-appellee, for which execution may issue if necessary.

Reba Joyce Moody v. Phelps Security, Inc. and Fidelity and Casualty Co. of New York
02501-9509-CV-00080
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. Robert A. Lanier, Judge
This workers' compensation appeal has been referred to the Special W ork ers ' C om pe ns atio n A pp ea ls P an el of the Su pre m e C ou rt in acc ord an ce with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and rep ort ing of fin din gs of fa ct a nd co nc lus ion s o f law . Suit was filed in the Circuit Court at Memphis b y Re ba Joyce Moody as representative of the estate of her deceased h usband, James Jun ior Mo ody, against Phelps Security, Inc., the employer, and Fid elity and Ca sualty Co. of New Y ork, the em ployer's workers' comp ensation insurance carrier. The plaintiff sued for workers' compensation benefits as a result of an accidental injury tha t alle ge dly caused th e d ea th o f Jam es Jun ior M oo dy, in clud ing a po rtion o f the medical ex pe ns es inc urr ed . T he de fen da nts filed an an sw er a dm ittin g that Jam es Jun ior M oo dy s us taine d a ccid en tal inju ries g row ing o ut o f and in the cou rse of h is em ploy m en t, but they denied that these injuries resulted in the de ath of Ja m es Jun ior M oo dy. The answ er also stated that the insurance carrier had paid that portion of the medical expenses which w ere rela ted to th e in jurie s s us tain ed by James Junior Moody on or a bo ut N ov em be r 7, 1 99 2, th e d ate of th e a ccid en t. The de fen da nts filed a suggestion of death showing that Reba Joyce Moody, Administratrix, died on September 19, 1 994. James Moo dy and Deborah Ann Wolfe were appointed as successor Co - Administrators of the estate. The trial judge found in fav or o f the plain tiff and aw ard ed w ee kly be ne fits from the date of the death of the deceased on January 13, 1993 to the widow's death on September 19, 1994. The total medical expenses owing was Two Hundred and Fifty-Seven Thousand, Three 2

Reba Joyce Moody v. Phelps Security, Inc. and Fidelity and Casualty Co. of New York
02501-9509-CV-00080
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. Robert A. Lanier, Judge
This workers' compensation appeal has been referred to the Special W ork ers ' C om pe ns atio n A pp ea ls P an el of the Su pre m e C ou rt in acc ord an ce with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and rep ort ing of fin din gs of fa ct a nd co nc lus ion s o f law . Suit was filed in the Circuit Court at Memphis b y Re ba Joyce Moody as representative of the estate of her deceased h usband, James Jun ior Mo ody, against Phelps Security, Inc., the employer, and Fid elity and Ca sualty Co. of New Y ork, the em ployer's workers' comp ensation insurance carrier. The plaintiff sued for workers' compensation benefits as a result of an accidental injury tha t alle ge dly caused th e d ea th o f Jam es Jun ior M oo dy, in clud ing a po rtion o f the medical ex pe ns es inc urr ed . T he de fen da nts filed an an sw er a dm ittin g that Jam es Jun ior M oo dy s us taine d a ccid en tal inju ries g row ing o ut o f and in the cou rse of h is em ploy m en t, but they denied that these injuries resulted in the de ath of Ja m es Jun ior M oo dy. The answ er also stated that the insurance carrier had paid that portion of the medical expenses which w ere rela ted to th e in jurie s s us tain ed by James Junior Moody on or a bo ut N ov em be r 7, 1 99 2, th e d ate of th e a ccid en t. The de fen da nts filed a suggestion of death showing that Reba Joyce Moody, Administratrix, died on September 19, 1 994. James Moo dy and Deborah Ann Wolfe were appointed as successor Co - Administrators of the estate. The trial judge found in fav or o f the plain tiff and aw ard ed w ee kly be ne fits from the date of the death of the deceased on January 13, 1993 to the widow's death on September 19, 1994. The total medical expenses owing was Two Hundred and Fifty-Seven Thousand, Three 2

Christine Callahan v. Patrick Michael Callahan
03A01-9603-CV-00116
Authoring Judge: Don T. Mcmurray
Trial Court Judge: Hon. BILL SWAN, JUDGE

01A01-9601-CH-00023
01A01-9601-CH-00023

01A01-9601-CH-00023
01A01-9601-CH-00023

01A01-9602-CH-00069
01A01-9602-CH-00069
Trial Court Judge: William B. Cain

01A01-9603-CV-00124
01A01-9603-CV-00124
Trial Court Judge: Bobby H. Capers

The Honorable Hamilton v. Gayden, Jr., Chancellor
01A01-9605-CV-00213
Trial Court Judge: Hamilton V. Gayden, Jr.

01A01-9604-CH-00190
01A01-9604-CH-00190
Trial Court Judge: Robert S. Brandt

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

03C01-9511-CR-00362
03C01-9511-CR-00362
Trial Court Judge: Douglas A. Meyer

03C01-9510-CC-00328
03C01-9510-CC-00328
Trial Court Judge: D. Kelly Thomas, Jr.

02A01-9411-CH-00256
02A01-9411-CH-00256
Trial Court Judge: John Hill Chisolm

01C01-9403-CC-00083
01C01-9403-CC-00083
Trial Court Judge: Robert W. Wedemeyer