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| Marsha McDonald vs. Samuel Cowan
W1998-00730-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 01/19/00 | |
| Estate of W.O. McIntyre
W1999-01700-COA-R3-CV
This is a will contest. The decedent committed suicide after writing several notes in which he expressed his wish that the bulk of his estate pass to his wife of eighteen years, with specific bequests to his children. The decedent's children contested the validity of the disposition, arguing that the decedent lacked testamentary capacity to execute a will at the time that he wrote the notes. After a jury trial, the jury found that the decedent had testamentary capacity and that the handwritten notes constituted a valid holographic will. The children appeal, arguing that the burden of proving testamentary capacity should have been placed on the will's proponents, due to the decedent's depression and resulting suicide, and that the evidence did not support the jury's verdict. We affirm, finding that the trial court did not err in its instructions on the burden of proof and that there is material evidence to support the jury's verdict.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 01/19/00 | |
| Charles Shoffner vs. Billy Enterprises
W1999-01609-COA-R3-CV
This is a slip and fall case. The plaintiff was injured while bowling at the defendant's bowling alley. While he was bowling, his beeper fell from his belt onto the bowling lane. The plaintiff crossed the foul line to retrieve his beeper, and slipped on the oiled surface. He sued the bowling alley for his injuries, asserting that the bowling alley failed to adequately warn him of the danger of crossing the foul line. The trial court granted a directed verdict in favor of the defendant, finding that the bowling alley had no duty to warn the plaintiff, and that the plaintiff was more than 50% at fault for the accident. The plaintiff appeals. We affirm, finding that, under the undisputed facts, the plaintiff was more than 50% at fault for the accident.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/18/00 | |
| Joseph Stephenson vs. Keith West
W1998-00668-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 01/13/00 | |
| LCI International vs. Margo Swartwood
W1999-02312-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Appeals | 01/13/00 | |
| Sam Posey vs. City of Memphis
W1999-02225-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/11/00 | |
| Olanda Carter vs. R.J. Reynonlds
W1999-02233-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 01/11/00 | |
| Alonzo Bonner vs. Transcon Corp.
W1999-02205-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George Brown |
Shelby County | Court of Appeals | 01/11/00 | |
| Custom Built Homes vs. McNamara, et al
M1998-00042-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 01/10/00 | |
| Consumer Advocate vs. TRA
M1999-02151-COA-R12-CV
Authoring Judge: Judge Ben H. Cantrell
|
Court of Appeals | 01/10/00 | ||
| Lisa Norton vs. Max Norton
W1999-02176-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 01/10/00 | |
| Farley vs. Leblanc
M1999-02155-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Barry R. Brown |
Davidson County | Court of Appeals | 01/10/00 | |
| Robert Stewart vs. Lynda Stewart
W1999-02185-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 01/10/00 | |
| Lillie Mays vs. Fred's Inc.
W1999-02189-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/10/00 | |
| Doyle vs. Cole and NES
M1999-02115-COA-R9-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 01/10/00 | |
| Fahrner vs. SW Manufacturing
M1999-00021-COA-R3-CV
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 01/10/00 | |
| Chapman vs. Jones
M1999-02178-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Hickman County | Court of Appeals | 01/10/00 | |
| El Ahkeen vs. Tony Parker
W1998-00640-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 01/10/00 | |
| Cannon vs. March
M1999-02123-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 01/10/00 | |
| Wachovia vs. Johnson
M1999-00166-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/10/00 | |
| Board of Trustees of the Sumner County Employees' Trust Fund on Behalf of the Sumner County Employees' Trust, Co. v. Ruby Graves and son Jerry D. Graves
M1997-00069-COA-R3-CV
This appeal involves a dispute over the obligation of a member of a group health insurance plan to reimburse the plan for medical payments made on behalf of the member’s dependent. The plan’s administrator requested the member and her dependent to reimburse the plan for the medical payments after discovering that the dependent had received a financial settlement from the person who caused the dependent’s injuries. When the member and the dependent refused to reimburse the payments, the plan filed suit in the Circuit Court for Sumner County against both parties. The trial court granted the plan’s motion for summary judgment and ordered both the member and her dependent to reimburse the plan for medical payments. We have determined that the plan was not entitled to a judgment as a matter of law against the member and accordingly vacate the summary judgment against her.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Thomas Goodall |
Sumner County | Court of Appeals | 12/30/99 | |
| Kincaid vs. Kincaid
M1998-00529-COA-R3-CV
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/30/99 | |
| Marshall vs. Jackson & Jones Oils, Inc.
M1997-00104-COA-R3-CV
Originating Judge:J. S. Daniel |
Rutherford County | Court of Appeals | 12/30/99 | |
| Cantrell vs. In the Matter of: Estate of Jerry A. Cantrell
M1998-00536-COA-R3-CV
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 12/30/99 | |
| White vs. Vanderbilt
M1997-00105-COA-R3-CV
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/30/99 |