ADP, LLC v. Eric Manchir
This appeal concerns an employment-related restrictive covenant. Eric Manchir (“Manchir”) worked as a sales manager for ADP, LLC (“ADP”), a company that deals in human resources and business outsourcing matters. As a prerequisite to obtaining restricted stock options from ADP, Manchir consented to a restrictive covenant agreement (“the Agreement”). The Agreement contained, among other things, a non-competition clause extending to twelve months after Manchir left ADP. New Jersey law governs the Agreement. Manchir later resigned from ADP and went to work for an ADP competitor, Paycor, Inc. (“Paycor”). ADP sued Manchir in the Chancery Court for Davidson County (“the Trial Court”) for breach of contract and sought specific enforcement of the Agreement. ADP filed a motion for summary judgment, which the Trial Court granted. The Trial Court also awarded ADP, pursuant to a provision in the Agreement, attorney’s fees and costs. Manchir appeals. We hold, inter alia, that the Agreement is reasonable and enforceable under New Jersey law, that Manchir breached the Agreement, and that specific performance is an appropriate remedy. We affirm the judgment of the Trial Court. |
Davidson | Court of Appeals | |
Linda Beard v. James William Branson, et al
This appeal is before the court on remand from the Supreme Court for our consideration of two issues that were not resolved by the Supreme Court in Beard v. Branson, No. M2014-01770-SC-R11-CV, __ S.W.3d __, 2017 WL 3725519 (Tenn. Aug. 30, 2017). This is a medical malpractice, wrongful death action in which Plaintiff seeks to hold Trinity Hospital, LLC (“Trinity”) and James William Branson, M.D. (“Dr. Branson”), liable for the wrongful death of Ruth Hartley on September 29, 2004. Plaintiff alleged that Mrs. Hartley died because of delay in treatment of a bowel perforation she developed as a complication of colon surgery performed by Dr. Branson. In a partial summary judgment ruling, the trial court determined that a non-party, Stanley Anderson, M.D. (“Dr. Anderson”), the radiologist with whom Trinity contracted to provide services to its patients, was an apparent agent of Trinity and that Trinity was vicariously liable for any negligent acts or omissions of Dr. Anderson. Following a trial, the jury found in favor of Plaintiff and awarded damages in the amount of $750,000.00, allocating 50% of the fault for Mrs. Hartley’s death to Trinity, 10% to Dr. Anderson, and 40% to Dr. Branson. The two issues we must consider are: (1) whether the trial court erred in granting partial summary judgment to Plaintiff by finding that Dr. Anderson was the apparent agent of Trinity; and (2) whether the trial court erred in assessing discretionary costs in the amount of $68,945.85 against Trinity. Finding no error, we affirm. |
Houston | Court of Appeals | |
In Re Brooklyn S., Et Al
This is a dependent and neglect action in which the mother of three minor children appeals the circuit court’s finding that her children were subjected to severe abuse and that she “either committed the severe abuse herself, or knowingly failed to protect her four month old infant from the severe abuse that led to his death.” Mother contends the circuit court erred by allowing three grandparents who intervened in the juvenile court proceedings to fully participate as parties in the circuit court proceedings. She further contends the circuit court failed to conduct a true de novo hearing following her appeal from the juvenile court, and that the circuit court erred by admitting the transcripts from the juvenile court hearings into evidence. We affirm the trial court in all respects but one. We find the evidence insufficient to clearly and convincingly establish that Mother committed the severe abuse herself; however, we affirm the circuit court’s ruling that Mother committed severe child abuse by knowingly failing to protect Hunter from the severe abuse that led to his death. |
Franklin | Court of Appeals | |
State of Tennessee v. Taris C. Frazier
The Defendant, Taris C. Frazier, was convicted by a Rutherford County Circuit Court jury of three counts of especially aggravated kidnapping, Class A felonies; three counts of aggravated assault, Class C felonies; resisting arrest, a Class B misdemeanor; and criminal impersonation, a Class B misdemeanor. He was sentenced to an effective term of seventy-five years in the Tennessee Department of Correction, to be served consecutively to his sentence in another case. On appeal, he challenges the sufficiency of the evidence convicting him of especially aggravated kidnapping and aggravated assault. After review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Charles D. Belk v. State of Tennessee
The Petitioner, Charles D. Belk, appeals the Obion County Circuit Court’s denial of his petition for post-conviction relief from his convictions of introducing a controlled substance into a penal institution, a Class C felony; Class C felony unlawful possession of a weapon; Class D felony unlawful possession of a weapon; possessing marijuana with intent to sell or deliver, a Class E felony; and simple possession, a Class A misdemeanor, and resulting effective sentence of twelve years in confinement. On appeal, the Petitioner claims that he received the ineffective assistance of trial and appellate counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Obion | Court of Criminal Appeals | |
In Re Ashton B.
The partial guardian of the child appeals the trial court’s order assessing the totality of the guardian ad litem’s fees to it following the denial of the partial guardian’s termination of parental rights petition. Because guardian ad litem’s fees may be assessed against parties pursuant to Rules 17.03 and 54.04 of the Tennessee Rules of Civil Procedure in parental termination proceedings, we affirm the decision of the trial court. |
Shelby | Court of Appeals | |
Ray W. Buck v. Accurate C & Services, Inc., ET Al.
Ray W. Buck (“Plaintiff”) appeals the January 4, 2017 order of the Circuit Court for Anderson County (“the Trial Court”) granting summary judgment to Accurate C & S Services, Inc. (“Accurate”) and R&R Properties of Tennessee, LLC (“R&R”) in this suit for premises liability. We find and hold that the defendants made properly supported motions for summary judgment and that Plaintiff failed to respond with genuine disputed issues of material fact showing that a rational trier of fact could find in his favor. We, therefore, affirm the grant of summary judgment. |
Anderson | Court of Appeals | |
Christine Greenwood v. City of Memphis, et al.
This is a case about an unleashed German shepherd. The dog belonged to Appellant’s neighbor, who allowed the dog to remain unleashed in his yard. Appellant reported this to several employees of the City of Memphis, who ultimately determined that the dog was appropriately restrained in the neighbor’s yard by an invisible electric fence. Appellant was unsatisfied with this determination and filed suit against the City and its employees for tort claims and violations of her constitutional rights. The trial court dismissed Appellant’s suit for failure to state a claim upon which relief could be granted. We affirm. |
Shelby | Court of Appeals | |
B&W Pipeline, LLC v. Tennessee Regulatory Authority Et Al.
B&W Pipeline, LLC (“B&W”), a public utility that owns a gas pipeline in three Tennessee counties, filed a petition with the Tennessee Regulatory Authority (“the Authority”) seeking a rate increase. As part of the rate increase request, B&W sought to include in the rate base $2.6 million in acquisition costs that it had incurred when it purchased the pipeline and several oil and gas wells in 2010. A contested case hearing took place on September 14, 2015. Following deliberation, the Authority denied B&W’s proposed acquisition adjustment and instead utilized a 2008 federal income tax return filed by the pipeline’s previous owner to establish the pipeline’s value for the purpose of determining the rate base. The Authority issued its final order on March 10, 2016. B&W timely filed a motion for reconsideration. The Authority denied the motion for reconsideration with respect to the value of the pipeline while granting the motion for reconsideration with respect to certain due diligence and other costs B&W incurred in the acquisition. After the submission of briefs, the Authority affirmed its decision to exclude the additional acquisition costs. The Authority issued a final order concerning reconsideration on August 4, 2016. B&W filed a timely petition for review with this Court on October 3, 2016. Discerning no error, we affirm the Authority’s decision. |
Court of Appeals | ||
In Re Conservatorship of Otto Tillman Stiefel
This is a conservatorship dispute. The trial court found that there was clear and convincing evidence that Appellant was in need of a conservator. We conclude that the evidence presented at trial was not clear and convincing as to whether Appellant was in need of a conservator. Because there is some question in the record, however, as to whether the parties reached an agreement to allow the appointment of a conservator, we vacate and remand this case to determine this issue. Reversed in part, vacated in part, and remanded. |
Shelby | Court of Appeals | |
State of Tennessee v. Zachary Michael Johnson
The Defendant, Zachary Michael Johnson, was indicted for five counts of rape by force or coercion, a Class B felony, all involving the same victim and occurring over a short period of time. The jury convicted him of the lesser offense of sexual battery, a Class E felony, in two counts of the indictment and acquitted him of the remaining three counts of the indictment. The trial court subsequently sentenced him as Range I, standard offender to concurrent terms of two years for each conviction, suspended to three years of supervised probation. On appeal, the Defendant challenges the sufficiency of the convicting evidence and argues that the trial court committed plain error by not instructing the jury on the lesser-included offense of assault by extremely offensive or provocative physical contact. Following our review, we conclude that the evidence is sufficient to sustain the convictions but that the trial court erred in not instructing the jury as to the lesser-included offense. Accordingly, we reverse the judgments of conviction and remand for a new trial. |
Davidson | Court of Criminal Appeals | |
Anthony Holder, et al. v. Shelby County, Tennessee
This is the second appeal of this governmental tort liability action. After his son committed suicide while in custody at the Shelby County Jail, Appellee filed suit against the Appellant Shelby County for negligence under a theory of vicarious liability. On remand from this Court, the trial court held a bench trial and determined that Appellant’s employee’s failure to perform wellness checks was negligent conduct but not intentional. Accordingly, the trial court held that Appellant was not immune from suit under the Governmental Tort Liability Act, Tenn. Code Ann. § 29-20-205, and entered judgment in favor of Appellee. Shelby County appeals. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals | |
In Re: Conservatorship of Glen Travis Campbell
This appeal involves attorney’s fees awarded during the course of a conservatorship. Upon a petition filed by the ward’s eldest two children, a response filed by the ward’s spouse, the report of a court-appointed guardian ad litem, and a mediated agreement, the probate court entered an order establishing a conservatorship for the ward and appointing the ward’s spouse as conservator on May 11, 2015. During the course of the conservatorship, the trial court found in three instances at issue that the conservator was entitled to attorney’s fees in disputes involving various requests to release information concerning the ward in a public forum. The trial court subsequently denied a motion to set aside, vacate, and stay enforcement filed by the original petitioners, who have appealed to this Court. Having determined that the original petitioners were given insufficient notice of two of the three hearings resulting in the assessment of attorney’s fees and costs against them, we vacate the trial court’s respective orders awarding attorney’s fees and costs in those two instances. We affirm the trial court’s judgment in all other respects at issue on appeal. |
Davidson | Court of Appeals | |
State of Tennessee v. Kevin E. Trent
Kevin E. Trent pled guilty to one count of vehicular homicide by intoxication. He was sentenced by agreement as a Range I standard offender to eight years with the manner of service to be determined by the trial court after a hearing. The trial court subsequently ordered the Defendant to serve his sentence in confinement. On direct appeal, the Court of Criminal Appeals reversed the trial court’s ruling and, additionally, affirmatively ordered the Defendant to be placed on full probation. We granted the State’s application for permission to appeal to review the Court of Criminal Appeals’ decision to reverse the trial court’s order that the Defendant serve his sentence in confinement and to affirmatively order that the Defendant be placed on full probation. We agree with the Court of Criminal Appeals that the trial court failed to make sufficient findings for the appellate courts to review the sentence with a presumption of reasonableness. Moreover, our review of the record reveals it is inadequate to conduct an independent review of the sentence imposed by the trial court. As a result, we also hold that the record is not sufficient to support the Court of Criminal Appeals’ modification of the Defendant’s sentence to order full probation. Accordingly, we reverse the judgment of the Court of Criminal Appeals, vacate the sentencing determination of the trial court, and remand this matter to the trial court for a new sentencing hearing. |
Claiborne | Supreme Court | |
Phillip Alexander McWilliams v. State of Tennessee
Petitioner, Phillip Alexander McWilliams, appeals the denial of his petition for post-conviction relief from his convictions for aggravated domestic assault and reckless endangerment with a deadly weapon. Petitioner argues that he received ineffective assistance of counsel. After a review of the record and the briefs of the parties, we determine Petitioner has failed to establish that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Sevier | Court of Criminal Appeals | |
Sheila Holbert v. JBM Incoporated et al.
Sheila Holbert filed this action seeking workers’ compensation benefits for the death of her husband, Dennis Holbert (“Decedent”). Ms. Holbert alleged Decedent died as a result of an inhalational exposure to dust in the course of his job for JBM, Incorporated (“Employer”). After hearing the evidence, the trial court ruled Ms. Holbert had sustained her burden of proof as to causation. It awarded death benefits and ordered Employer to pay Decedent’s medical expenses into the registry of the court. It further ruled medical expenses were governed by the Tennessee workers’ compensation schedule. Employer appeals, claiming the trial court erred in finding work-related causation and in ordering medical expenses to be paid into the treasury of the court. Ms. Holbert challenges application of the Tennessee medical payment schedule. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment in part, reverse in part, vacate in part, and remand the case to the trial court. |
Knox | Workers Compensation Panel | |
Matthew B. Foley v. State of Tennessee
Matthew B. Foley, the Petitioner, filed a petition for post-conviction relief thirteen years after he entered a guilty plea; he argued that the statute of limitations should be tolled on due process grounds and that the State had breached a material element of his plea agreement. The post-conviction court summarily dismissed the petition on the ground that the statute of limitations should not be tolled. On appeal, this court held that the statute of limitations should be tolled based on due process grounds and remanded the case for an evidentiary hearing on the merits. Matthew B. Foley v. State, No. M2015-00311-CCA-R3-PC, 2016 WL 245857, at *8 (Tenn. Crim. App. Jan. 20, 2016), no perm. app. filed. On remand, the post-conviction court again denied relief on the ground that the statute of limitations should not be tolled based on due process. We again reverse and remand this case for an evidentiary hearing on the merits of the post-conviction relief petition. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Tommy Lee Houser, Jr.
A Knox County jury convicted the Defendant, Tommy Lee Houser, Jr., of felony theft. After a sentencing hearing, the trial court classified the Defendant as a career offender and imposed a mandatory twelve year sentence. On appeal, the Defendant asserts that the evidence supporting his conviction is insufficient and that the trial court erred in applying the Class D felony offense classification rather than the “new” Class E felony offense classification. After review, we affirm the trial court’s judgment. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. D'Maris LaQuann Fuller
A Davidson County Criminal Court Jury convicted the Appellant, D’Maris Laquann Fuller, of aggravated robbery. The trial court sentenced the Appellant as a Range I, standard offender to ten years in the Tennessee Department of Correction. On appeal, the Appellant contends that the trial court erred by refusing to allow him to play a recording of a 911 call, that the evidence was insufficient to sustain his conviction, and that the trial court erred when determining the length of his sentence. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joey Tyrone Simpson
The Defendant, Joey Tyrone Simpson, entered an open guilty plea to aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to three years in the Department of Correction. Additionally, he was ordered to pay $2880 in restitution for the victim’s medical expenses. On appeal, he argues that he should have been granted alternative sentencing. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the amount of restitution as $2880, rather than $2280. |
Lawrence | Court of Criminal Appeals | |
Kimberly Van Floyd Et Al. v. Lisa A. Shirley Akins Et Al.
This case concerns a dispute involving Lisa Akins, Kimberly Floyd, and Donna Helms, the three daughters of Eldon Shirley (the deceased). The initial dispute regards a deed from the deceased to Akins, reserving a life estate. Prior to the execution of the deed, the deceased executed a power of attorney appointing Akins as his attorney-in-fact. Thereafter, Floyd filed this action to set aside the deed on the ground of undue influence. She also alleged that Akins converted other assets of the deceased. Helms later filed an intervening complaint adopting the allegations in Floyd’s complaint. Helms prayed that the real property deeded to Akins be declared a resulting and/or constructive trust. Akins filed a counterclaim alleging that Helms was indebted to her. Akins asked the court to compel Helms to file an accounting of the funds in dispute. The trial court bifurcated the trial. It first heard the undue influence claim. The court held that the deed was procured by the undue influence of Akins. The second stage of the trial involved the status of other assets and accounts. The court determined that specific payments to Helms were loans. The court found that other payments to and charges made by Helms involved no promise to repay and were gifts or payments for the care of the deceased. Akins appeals. We affirm. |
Monroe | Court of Appeals | |
In Re Briley R.
This appeal arises from the adoption of a permanent parenting plan and the determination of a father’s child support obligation. The father argues that the juvenile court erred in both its fashioning of the parenting plan and its calculation of his child support obligation. Because the court made insufficient findings of fact and conclusions of law, we vacate and remand. |
Montgomery | Court of Appeals | |
State of Tennessee v. Courtney Fifer
Following a jury trial, Defendant, Courtney Fifer, was convicted of first degree murder, attempted robbery, and being a felon in possession of a handgun. He was sentenced to life for first degree murder, two years for attempted robbery, and one year for being a felon in possession of a handgun. On appeal, Defendant argues that his right to a fair trial was violated because the trial court improperly restricted his closing argument, and the prosecutor misstated evidence during closing argument. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Jonathan Engler v. Able Moving Company, ET AL.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. See Tenn. Sup. Ct. R. 51. Employee injured his back at work and subsequently developed a serious infection that required hospitalization and treatment. He filed a petition seeking to recover temporary total disability benefits and his medical expenses. The Court of Workers’ Compensation Claims determined Employee “failed to prove by a preponderance of the evidence that he sustained a compensable injury primarily arising out of and in the course and scope of his employment.” After reviewing the record and applicable authority, we affirm the judgment. |
Workers Compensation Panel | ||
Thomas Lee v. Federal Express Corporation
Thomas Lee (“Employee”) worked for Federal Express Corporation (“Employer”). He worked in the Audio-Visual department, located in Collierville, Tennessee. He filed this claim, alleging that he sustained a compensable injury to his left shoulder on July 24, 2014. Employer denied the claim, based on conflicting descriptions of the incident to various medical personnel. A Compensation Hearing was held on August 15, 2016. The trial court found Employee had failed to sustain his burden of proof and dismissed the claim. Employee appealed to the Supreme Court pursuant to Tennessee Code Annotated section 50-6-239(c)(7). The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment. |
Workers Compensation Panel |