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| Sandra Hensley v. Daniel Scokin, M.D.
M2002-00922-COA-R3-CV
This is a medical battery case. The patient was scheduled to undergo a hysterectomy. Because of prior medical problems, she told the anesthesiologist that she needed him to use nasal intubation instead of oral intubation to anesthetize her for the surgery. The anesthesiologist told her that he would use the type of intubation that he thought was best for her. Ultimately, when the hysterectomy was performed, the patient was intubated through an oral pathway. The patient sued the anesthesiologist for medical battery. The anesthesiologist filed a motion for summary judgment. The trial court found that the patient knew that the anesthesiologist might use oral intubation, and that she authorized the procedure both by signing a consent form prior to the surgery and by not stopping the procedure when she became aware that the anesthesiologist might use oral intubation. Consequently, summary judgment was granted in favor of the anesthesiologist. We reverse, finding that a question of material fact exists as to whether the patient authorized the use of oral intubation.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 03/17/03 | |
| Carolyn Mitchell Brown vs. John Hilyee Watson, Jr.
E2004-01229-COA-R3-CV
The Trial Court annulled Brown's marriage at the insistence of her conservator. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 03/14/03 | |
| Rick Williams vs. Angela Williams
E2002-01995-COA-R3-CV
The Trial Court in this divorce action, granted the parties a divorce and divided marital property. The husband appeals, seeking additional marital property. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James W. Mckenzie |
Rhea County | Court of Appeals | 03/14/03 | |
| Emmerick vs. Mountain Valley Chapel Business Trust
E2002-01453-COA-R3-CV
The trial court dismissed the complaint of Marc D. Emmerick ("the plaintiff") and awarded one of the defendants, Mountain Valley Chapel Business Trust, a judgment on its counterclaim against the plaintiff for $1,416. The plaintiff appeals. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/14/03 | |
| James Kyzer vs. Patty Blackburn
E2002-02254-COA-R3-JV
This is a custody dispute between James Christopher Kyzer, the father of Haleigh Sharee Kyzer, d.o.b. 10/6/93, and the child's maternal grandmother, Patti Blackburn, which arose after Haleigh's mother, the ex-wife of Mr. Kyzer, was killed in an automobile accident. The Trial Judge awarded custody to the father upon his finding that "there has been no showing of substantial risk of harm to the child." We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:C. Van Deacon |
Bradley County | Court of Appeals | 03/14/03 | |
| Wylie B. Dowlen v. Gary Matthews
M2001-03160-COA-R3-CV
This appeal arises from a police officer's lawsuit against a Clarksville resident for assault, defamation, and intentional infliction of emotional distress after the officer responded to a noise complaint at the resident's home. The trial judge directed a verdict for the defendant. We affirm the trial court.
Authoring Judge: Judge Stella L. Hargrove
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Appeals | 03/14/03 | |
| Carlos Castillion vs. Sarah Castillion
E2002-01310-COA-R3-CV
In this divorce case, the husband questions on appeal the valuation of marital property and distribution made by the Trial Court. We affirm the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 03/13/03 | |
| Charles Head v. James Gibson
M1999-00656-COA-R3-CV
This is an appeal from a judgment granting a motion for summary judgment in favor of State Farm Mutual Automobile Insurance Co. that the uninsured motorist coverage offered to the plaintiffs was not implicated under the circumstances of this litigation. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 03/13/03 | |
| Hoover, Inc. v. Metro Nashville Board of Zoning Appeals
M2001-00924-COA-R3-CV
This is the fourth appeal from a zoning board's denial of a conditional use permit. In April 1992, the petitioner stone processing company filed an application with the respondent zoning board for a conditional use permit to operate a rock quarry. After years of litigation, the board issued findings of fact and denied the petitioner's application. The application was denied in part because the reclamation plan in the petitioner's proposal used water as fill material, contrary to the specification in the applicable ordinance that solids be used as fill material. The petitioner filed a petition for a writ of certiorari, arguing that the board's decision was arbitrary and capricious because reclamation plans using water as fill material had been approved in the past. The trial court denied the writ and upheld the board's decision. The stone processing company appealed. We affirm, finding that the board's decision was not arbitrary or capricious, and that material evidence supported the board's decision.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 03/11/03 | |
| Jeffrey Camporal v. Richard Ford
M2002-01409-COA-R3-CV
This case involves a dispute arising from a Promissory Note executed by and between the Appellant/Maker and Appellee/Payee. Specifically, Appellant asserts that he signed the Note in a representative capacity and, therefore, he is not personally liable on the Note. The Circuit Court of Franklin County granted Appellee's Motion for Summary Judgment, entering a Judgment against Appellant for principal, interest, and costs. Appellant appeals from this Judgment. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Thomas W. Graham |
Franklin County | Court of Appeals | 03/11/03 | |
| Is, As Stated In The Opinion, And As It Is Stated In Ray v. Ray, 83 S.W.2D 726 (Tenn. Ct. App. 2001).
05-00-024-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 03/11/03 | |
| 05-00-024-CC
05-00-024-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 03/11/03 | |
| David Norman v. Melissa Norman
M2002-01084-COA-R3-CV
This extraordinary appeal arises from the trial court's denial of Husband's petition to reduce child support and alimony. The trial court found there was no significant variance of fifteen percent (15%) to modify child support. The trial court also determined that there was no justification for a decrease in alimony payments. The trial court reserved the issues relating to unclean hands and attorney fees. The parties raise multiple issues on appeal. For the following reasons, we vacate in part, reverse in part and remand.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 03/11/03 | |
| Mill Creek Associates v. Jackson Foundation
M2001-02811-COA-R3-CV
This is an unjust enrichment case. The plaintiff design firm was contacted by the defendant foundation to develop designs and a budget for the construction of a science theater. The chief designer of the firm worked on the project and presented a proposal to the foundation. The foundation neither accepted nor rejected the design firm's proposal. Instead, the foundation hired the design firm's chief designer. Part of the designer's duties with the foundation was to work on the science theater project "in house." The foundation refused to pay the design firm a fee for its work on the project. The design firm then sued the foundation on a theory of unjust enrichment for the work performed on the project while the chief designer was still at the firm. The trial court found that since the project was never completed, the preliminary designs did not confer a value on the foundation and, consequently, the foundation had not been unjustly enriched. The design firm now appeals. We reverse, finding that the work performed by the design firm constituted a benefit to the foundation, and that it would be unjust for the foundation to retain that benefit without paying the design firm for the value of the benefit.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 03/11/03 | |
| Is, As Stated In The Opinion, And As It Is Stated In Ray v. Ray, 83 S.W.2D 726 (Tenn. Ct. App. 2001).
05-00-024-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 03/11/03 | |
| Robert Pirtle v. Tennessee Board of Paroles, et al.
M1998-00454-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles regarding the revocation of his parole. After exhausting his administrative remedies, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that he did not commit the crime that triggered the revocation of his parole. The trial court eventually dismissed the petition on the ground that it was not timely filed, and the prisoner has appealed. While his appeal was pending, the prisoner was released from the Department of Correction. Accordingly, because this appeal is now moot, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 03/04/03 | |
| Jerry T. Beech Concrete Contractor, Inc., v. Larry Powell Builders, Inc., et al.
M2001-02709-COA-R3-CV
In this appeal from the trial court's award of attorneys fees, Appellant seeks review of the trial court's refusal to award the full amount of fees sought. We modify the trial court's findings and affirm as to the amount of the award.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/04/03 | |
| William A. Dalton, et al. v. Gerald W. Dale, et al.
M2002-01205-COA-R3-CV
Defendant appeals adverse summary judgment as to diminution in value of a 1995 Jaguar XJ6 automobile based upon alleged undisputed expert testimony. Judgment is reversed, and the case is remanded.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 03/04/03 | |
| John David Rhoades, II, et al. v. Michael L. Taylor, et al.
M2001-00643-COA-R3-CV
This appeal involves a conflict between neighbors over whether the Taylors have a right to use a gravel driveway located on property owned by the Rhoades to access their property. The trial court found that an implied easement was proved. The Rhoades appeal that judgment to this court arguing that the Taylors failed to prove two elements necessary for a finding of an implied easement. We affirm the trial court's judgment.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Tom E. Gray |
Sumner County | Court of Appeals | 03/04/03 | |
| In Re: T.L.R and A.W.R., the State of Tennessee, Department of Childrens Svcs v. Sandra Jane Riley
M2002-01101-COA-R3-JV
This case involves the termination of parental rights. The mother of the two young children at issue had a history of cocaine and marijuana abuse. In September 1999, the state department of children's services obtained custody of the children and placed them in a foster home. While the children were in foster care, the mother participated in drug rehabilitation programs and attempted to obtain permanent employment. The mother made some progress, but repeatedly relapsed back into drug and alcohol use, and failed to procure a permanent job or a permanent residence. In August 2001, the State filed a petition to terminate the mother's parental rights. The trial court granted the State's petition. The mother now appeals. We affirm, finding clear and convincing evidence that the mother had failed to comply with the permanency plan, that conditions that prevented the children's safe return still persisted, and that termination of the mother's parental rights is in the children's best interest.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Max D. Fagan |
Robertson County | Court of Appeals | 03/04/03 | |
| American Indemnity Company, v. Iron City Lumber & Pallet, Inc., et al.
M2002-00650-COA-R3-CV
This case involves an insurance company's appeal of the trial court's decision that the company has a duty to defend its insured under a commercial general liability policy. Applying Texas law, we find that no such duty exists and, accordingly, reverse the decision of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Robert L. Holloway |
Lawrence County | Court of Appeals | 03/04/03 | |
| Thomas Dougherty v. Joyce Parry
M2002-00757-COA-R3-CV
A divorced father petitioned the court to transfer custody of his two children from his former wife to himself. The trial court dismissed the petition, finding that the father had not met the threshold requirement for change of custody by proving a material change of circumstances. We find that there has been such a change of circumstances, and we remand this case to the trial court with instructions to determine the best interest of the children.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 02/26/03 | |
| Rebecca McMurry v. Metro Government of Nashville
M2000-02902-COA-R3-CV
This appeal is brought by an employee of the Metropolitan Government of Nashville and Davidson County who slipped and fell while working and, as a result, injured her knee. The employee brought suit pursuant to the Tennessee Governmental Tort Liability Act to recover damages for her lost earning capacity, pain and suffering, and expenses. Prior to this suit, Metro paid the employee's medical expenses and compensated her for the work that she missed during her recovery. The trial judge awarded the employee $24,000, finding that Metro was at fault, but that the employee's injury was merely the exacerbation of a previous knee injury. The trial court also awarded the employee $2,858.30 in discretionary costs, but disallowed a $900 charge for the trial preparation fee of the employee's expert. The employee appeals the trial court's final order. We affirm the trial court in all respects.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/26/03 | |
| Smith County v. Dave Enoch
M1999-00063-COA-R3-CV
Smith County filed this action to enjoin the maintenance of an automobile junkyard within one thousand (1,000) feet of a county road pursuant to the authority of Private Acts. The defendant admitted his violation of the Private Acts, but pleaded (1) the asserted lack of standing of the County to file the action, and (2) the asserted unconstitutionality of the Acts. The Chancellor sustained both defenses. We reverse.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Charles K. Smith |
Smith County | Court of Appeals | 02/26/03 | |
| Paul Rector v. Elizabeth Halliburton
M1999-02802-COA-R3-CV
The residence owned by Mrs. Halliburton had no access owing to highway construction. She acquired a driveway easement from the adjoining landowner, who later sold the property to Mr. Rector. An electric service line extended across the front of Mr. Rector's property which was relocated. Mr. Rector's efforts to purchase the Halliburton property were unavailing, and he began a policy of harassment presumably to acquire the property. He claimed, inter alia, that the easement terminated because it was improperly maintained, and that NES moved the service line without his permission and hence was guilty of trespass. Mrs. Halliburton filed a counterclaim for damages, charging Mr. Rector with trespass and outrageous conduct. Mr. Rector's suit was dismissed, and the counterclaim of Mrs. Halliburton was sustained. The dismissal of Mr. Rector's suit is affirmed; the award of attorney fees to Mrs. Halliburton is reversed; the case is remanded for a determination of the damages sustained by Mrs. Halliburton, including punitive damages.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/26/03 |