APPELLATE COURT OPINIONS

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Ursula Wimpee v. Grange Mutual Casualty Company

W2002-02795-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 09/15/03
Kassandra Greene vs. Tarry Greene

E2002-02611-COA-R3-CV
The Trial Court granted divorce, divided the marital assets, and assigned debts. The husband has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams
Hamilton County Court of Appeals 09/15/03
Marion Mitchell v. Patricia Mitchell

E2002-03030-COA-R3-CV
This is a post-divorce proceeding. Patricia Mitchell ("Wife") filed a petition seeking to modify the parties' previously-modified judgment of divorce. She alleged a change of circumstances and sought "an increased alimony award." Some 23 months later, and at a regularly scheduled hearing on the merits, the trial court denied Wife's motion for a continuance and dismissed her petition against Marion Mitchell ("Husband"). The trial court subsequently denied Wife's motion to reconsider. Wife appeals, asserting that the trial court erred in failing to grant her motion for continuance and in failing to reconsider that decision. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William E. Lantrip
Anderson County Court of Appeals 09/15/03
E2002-02809-COA-R3-CV

E2002-02809-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John F. Weaver
Knox County Court of Appeals 09/15/03
Leslie M. Buchholz v. Tennessee Farmers Life

W2002-02989-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris
Madison County Court of Appeals 09/15/03
Dept. Children Serv. vs. Ericka Everson

W2002-01085-COA-R3-JV
This case involves the termination of parental rights. The two children lived with their single mother in Arkansas. The mother and children stayed temporarily with the children's grandfather in Arkansas, who sexually abused one of the children. After the grandfather threatened the mother, she and the children went to Tennessee and stayed with the children's grandmother. The mother went back to Arkansas and left the children with the grandmother in Tennessee. The grandmother repeatedly sought medical attention for one of the children. A physician determined that the child was a victim of Manchausen Syndrome by Proxy, a form of child abuse in which the caretaker exaggerates or secretly induces symptoms of illness in the victim and then seeks medical attention for the victim's "illness." Both children were taken into custody by the Tennessee Department of Children's Services. A permanency plan was designed for the children's mother. The mother failed to comply with the permanency plan, provide support for the children, or visit the children on a regular basis. In addition, she abducted the children from foster care and would not protect them from the abusive grandmother. The State filed a petition to terminate the mother's parental rights. The trial court granted the petition, and the mother appeals. We affirm, finding that termination of the mother's parental rights was warranted on several grounds and that termination was in the children's best interest.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Charles V. Moore
Dyer County Court of Appeals 09/15/03
W2002-02672-COA-R3-JV

W2002-02672-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Originating Judge:Sam C. Nailling
Obion County Court of Appeals 09/12/03
Wanda Hobson v. The Metropolitan Government of Nashville and Davidson County, Tennessee

M2002-02512-COA-R3-CV

Plaintiff initiated this action alleging breach of contract, interference with contractual relations, and pursuant to the Governmental Tort Liability Act. The trial court dismissed the action for failure to state a claim. We affirm.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 09/08/03
Shirley P. Secrest v. Tera C. Haynes, et al.

M2002-01895-COA-R3-CV

The appeal involves a claim for property damages by Shirley Secrest ("Secrest" or "Plaintiff") against Kenneth Smith and Tera Haynes, who were driving separate vehicles involved in a multi-vehicle accident with a vehicle owned by Plaintiff. After a trial, the Trial Court concluded that while the driver of Plaintiff's vehicle was not at fault and that either one or both of the Defendants were at fault, the complaint nevertheless should be dismissed because: (1) Plaintiff failed to prove by a preponderance of the evidence that Kenneth Smith was negligent; and (2) Plaintiff failed to prove by a preponderance of the evidence that Tera Haynes was negligent. Plaintiff appeals, claiming the Trial Court was required to allocate fault to Smith and/or Haynes once it concluded that Plaintiff was not at fault and either one or both of the Defendants were at fault. We affirm.

Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge F. Lee Russell
Marshall County Court of Appeals 09/08/03
Sharron Johnson et al., Rodney Lockhart

M2002-00623-COA-R3-CV

Sharron Johnson brought suit against her former husband, Rodney Lockhart, alleging breach of an oral contract to pay equal shares of the college expenses for their son, Paul G. Lockhart. The Circuit Court of Sumner County entered judgment for Ms. Johnson, and Mr. Lockhart appeals. We affirm the judgment of the trial court.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge C. L. Rogers
Sumner County Court of Appeals 09/05/03
Alexander C. Wells v. James Hefner, et al.

M2002-02502-COA-R3-CV

Plaintiff filed a cause of action against several state employees for malicious prosecution. The trial court dismissed the action for lack of subject matter jurisdiction. We reverse.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 09/05/03
Angela Kamille Draper, as parent, survivor, and next friend of Bryanna Faith Draper, deceased v. State of Tennessee

E2002-02722-COA-R3-CV

In action against the State of Tennessee and a state employee, the Commissioner held he had no jurisdiction of the claims. On appeal, we affirm.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Commissioner Vance Cheek
Sullivan County Court of Appeals 09/04/03
In the Matter of the Estate of Nola Layne Deskins, Nona Deskins Sanders, Lioubov V. Deskins, and Estate of Thomas A. Deskins, v. Randall Deskins and Thelma Deskins & Thelma Deskins

E2003-00427-COA-R3-CV

In this Estate dispute, the Trial Court dismissed claims of two claimants. We affirm, dismissal of claimant who died on grounds his Estate had no standing to proceed. We reinstate the action of the other claimant on grounds she is not estopped to maintain her action.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Judge Jeffrey D. Rader
Sevier County Court of Appeals 09/04/03
John McConkey v. State of Tennessee

M2002-02671-COA-R12-CV

John McConkey ("Plaintiff") had a vasectomy performed by a state-employed doctor. Plaintiff experienced swelling and pain after the operation, which he claimed caused him to lose time at work and caused problems in his marriage. Plaintiff underwent two subsequent surgeries including the removal of his left testicle. Plaintiff brought this claim against the doctor who performed the vasectomy. Plaintiff had no expert witness at trial. After trial, the Claims Commission ("Commission") entered an order holding, inter alia, that Plaintiff did not carry his burden of proof to establish a res ipsa loquitur case. Plaintiff appeals. We affirm.

Authoring Judge: Judge David Michael Swiney
Originating Judge:Commissioner W.R. Baker
Court of Appeals 09/04/03
Linda Laws, Estate of Mary Eula Sloat, Deceased v. Water and Light Commission of Greeneville

E2002-01152-COA-R3-CV

This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm the judgment of the Trial Court.
 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Ben K. Wexler
Greene County Court of Appeals 09/03/03
In Re: Lillie Odessie Green, Decedent

M2002-01672-COA-R3-CV
The court is asked to construe the following language contained in a form will: "I give all my estate to my children, if any, who survive me in equal shares, per stirpes." The testatrix was survived by four of her five children. The trial court held that the two children of the testatrix's child who predeceased her did not take any of her estate. We hold likewise.
Authoring Judge: Judge Royce Taylor
Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 08/29/03
Jasmine A. Ali v. Eric N. Fisher, et al.

E2003-00255-COA-R3-CV
After an automobile accident in which she suffered serious injuries, Jasmine A. Ali ("Plaintiff") sued both the driver of the automobile, Eric N. Fisher ("Fisher"), and the owner of the automobile, Thomas Scheve ("Scheve"). The claim against Scheve was based on negligent entrustment. Prior to trial, Plaintiff and Scheve were in sharp disagreement as to whether Scheve's alleged negligent entrustment resulted in Scheve's being vicariously liable for Fisher's conduct, or whether Scheve's negligence should be apportioned by the jury pursuant to comparative fault principles. The trial court concluded Scheve's alleged negligent entrustment should be apportioned by the jury pursuant to comparative fault principles. After a trial, the jury returned a verdict for plaintiff and apportioned fault, 80% to Fisher and 20% to Scheve based on his negligent entrustment of the vehicle to Fisher. The trial court entered a judgment in accordance with the jury's verdict. Plaintiff filed a Motion to Alter or Amend Judgment asking the trial court to reverse its earlier pre-trial ruling and hold Scheve vicariously liable for Fisher's negligence because Scheve negligently entrusted the vehicle to Fisher. The trial court granted the motion and amended the judgment which, in effect, held Scheve and Fisher jointly and severally liable for the entire amount of the jury's award. Scheve appeals. We hold the trial court erred when it amended the original judgment after concluding, post- trial, that Scheve was vicariously liable for Fisher's conduct. We vacate the amended judgment and reinstate the original judgment of the trial court entered in accordance with the jury's verdict apportioning fault.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John S. Mclellan, III
Sullivan County Court of Appeals 08/29/03
Department of Children's Services v. C.L. & M.T.

M2001-02729-COA-R3-JV
At issue in this appeal is the petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to nine of their children. After a trial, the trial court granted the petition to terminate the parental rights of Mother and Father based on abandonment, failure to comply with the Permanency Plans, and persistence of the conditions which led to the removal. Each parent independently appeals the decision of the trial court, arguing that there was not clear and convincing evidence to support the trial court's ruling. Because we find that grounds for termination were not proved as to either parent, we reverse the judgment terminating Father's and Mother's parental rights.

Originating Judge:Andrei E. Lee
Davidson County Court of Appeals 08/29/03
Barbara Lee Bunce Kerce v. Stephen Paul Kerce

M2002-01744-COA-R3-CV
The appellant Stephen Paul Kerce challenges the divorce decree entered in Moore County Circuit Court, alleging that the court erred in its valuation and distribution of the marital estate. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Lee Russell
Moore County Court of Appeals 08/29/03
In Re: The Estate of Merle Halliburton Neal Myers v. Farmers & Merchants Bank Corp., Inc. Brooksie Byers, Douglas Myers, James Myers

M2002-00888-COA-R3-CV

After the death of their elderly mother, her sons discovered that the decedent's stepson and his wife had used a power of attorney to transfer the funds from the decedent's $20,000 CD to themselves. The decedent's son filed a petition to have the money restored to her estate. The trial court held that the CD was a valid inter vivos gift from the decedent. We reverse, because there is no evidence in the record that such a gift was ever made.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Robert E. Burch
Stewart County Court of Appeals 08/29/03
M2002-02661-COA-R3-CV

M2002-02661-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 08/29/03
Shawn E. McWhorter v. Randall Bare

E2002-02896-COA-R3-CV
Professional pilot Shawn E. McWhorter ("Plaintiff") sued Randall Barre ("Defendant") for defamation based upon a letter Defendant wrote to the Federal Aviation Administration ("FAA") containing allegations that plaintiff was medically unfit to be a pilot. The jury returned a verdict for plaintiff and awarded $25,000 in compensatory damages and $42,500 in punitive damages. The trial court entered its judgment, as later amended, in favor of plaintiff against defendant for $105,820.01, consisting of compensatory damages of $25,000, punitive damages of $42,500, and attorney fees and expenses in the amount of $38,320.01. The trial court's award of attorney fees and expenses was based upon defendant's refusal to admit liability in response to requests for admission. Defendant appeals. We affirm, in part, and reverse, in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III
Hamilton County Court of Appeals 08/29/03
TGJ & Co. vs. Michael E. MaGill

E2003-00298-COA-R3-CV
Margaret E. Bowers ("the Claimant") appeals the judgment of the trial court, which reversed an administrative determination of the Commissioner of the Department of Labor and Workforce Development ("the Commissioner"). The Commissioner had held that the Claimant is eligible for unemployment compensation as a result of the termination of her employment with TGJ & Co., Inc. ("the Employer"). Because we hold that the Claimant voluntarily quit her employment without good cause, we affirm the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John F. Weaver
Knox County Court of Appeals 08/28/03
Lindsay Alford vs. Oak Ridge City Schools

E2002-03133-COA-R3-CV
Lindsay E. Alford ("the plaintiff") and her father, David R. Alford, IV, sued The Oak Ridge City Schools ("the high school") under the Governmental Tort Liability Act ("GTLA") for injuries sustained by the plaintiff when she slipped on a hallway floor at Oak Ridge High School, where she was a student. At the conclusion of the plaintiff's proof, the trial court granted the high school's motion for an involuntary dismissal, finding that, while the plaintiff had proven the existence of water on the floor, she had failed to prove that the high school knew or should have known about the water. From this ruling, the plaintiff appeals. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr.
Anderson County Court of Appeals 08/28/03
W2003-00129-COA-R3-CV

W2003-00129-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood
Crockett County Court of Appeals 08/27/03