APPELLATE COURT OPINIONS

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Brittney Patterson vs. Jerry Dunn

02A01-9710-CV-00256

Originating Judge:John Franklin Murchison
Haywood County Court of Appeals 06/16/99
Margaret Parker vs. Kroger Co.

02A01-9812-CV-00373

Originating Judge:James F. Russell
Shelby County Court of Appeals 06/15/99
Memphis Credit Union vs. Mary Montgomery

02A01-9810-CV-00286

Originating Judge:Karen R. Williams
Shelby County Court of Appeals 06/15/99
David Swett, Sr. v. Grace Z. Aleman Swett

M1998-00961-COA-R3-CV
This appeal involves the dissolution of a nine-year marriage. Following a bench trial in the Circuit Court for Davidson County, the trial court found both parties to be at fault but awarded the divorce to the wife. The court also granted the parties joint custody of their son and divided their property. On this appeal, the wife asserts that the trial court erred by concluding that her conduct contributed to the divorce and by refusing to give her sole custody of the parties' son. Both parties take issue with the manner in which the trial court divided their property. The wife asserts that the trial court erred by classifying the husband's interest in the real property on which his family's restaurant is located as separate property and by failing to award her a portion of the appreciation in the value of his family restaurant business. The husband takes issue with the trial court's refusal to award him certain items of household furnishings. Finally, the wife asserts that she is entitled to post-judgment interest on the judgment used to equalize the distribution of the marital estate, as well as her legal expenses incurred on appeal. We have determined that the trial court's fault determination, joint custody arrangement, and division of marital property are supported by the record. Accordingly, we affirm the judgment and deny the wife's request for appellate legal expenses.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson
Davidson County Court of Appeals 06/15/99
02A01-9802-CH-00269

02A01-9802-CH-00269

Originating Judge:George R. Ellis
Gibson County Court of Appeals 06/14/99
Becky Chenault vs. William Carsley

02A01-9710-CV-00255

Originating Judge:William B. Acree
Shelby County Court of Appeals 06/14/99
Randall Henley, et al vs. Russell Amacher, et al

M1999-02799-COA-R3-CV
This appeal involves an early morning, drunken joyride by four teenagers that ended when their sport utility vehicle overturned. One of the passengers who was injured when he was thrown from the vehicle sued the driver and his father in the Circuit Court for Franklin County seeking $200,000. A jury assessed the passenger's damages and attributed 75% of the fault to the driver and 25% of the fault to the passenger. In accordance with the jury's verdict, the trial court awarded the passenger a $34,125 judgment against the driver and his father. On this appeal, the driver and his father take issue with (1) the allocation of less than 50% of the fault to the passenger, (2) the lack of evidence to support the application of the family purpose doctrine, (3) the awards for permanent impairment and future medical expenses, and (4) the trial court's refusal to give two requested instructions. We have determined that the only reversible error in the proceeding involves the jury's decision to award the passenger $20,000 for future medical expenses. Accordingly, we affirm the jury's verdict as to liability and allocation of fault. With regard to the damage award, we suggest a remittitur which, if accepted, will reduce the passenger's judgment to $19,125.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Buddy D. Perry
Franklin County Court of Appeals 06/14/99
In the matter of S.MC. and J.L.C.

01A01-9807-JV-00358

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 06/11/99
Katherine Theresa DeVault, v. James Canon DeVault, Jr.

01-A-01-9806-CV-00270

This appeal involves a dispute over child support for the parties' two minor children. The trial court denied the Father's petition to modify the support as it had been set in the final decree. In addition, the court placed a lien on two of the Father's properties and awarded fees to the Mother's attorney. On appeal, we affirm the court's decision with regard to child support and attorney fes. However, regarding the lien, we modify the trial court's decision such that a lien remains on only one of the Father's proerties. Accordingly, the decision of the trial court is affirmed as modified and remand for further proceedings.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 06/11/99
Almetter Chalmers vs. Exchange Ins.

02A01-9711-CV-00280

Originating Judge:George H. Brown
Shelby County Court of Appeals 06/10/99
Janice Young vs. John Doe, et al., - Concurring

01A01-9810-CV-00517

This is an uninsured motorist insurance case. Plaintiff/Appellant, Janice C. Young, appeals the order of the trial court granting summary judgment to the unnamed Defendant/Appellee, State Farm Mutual Automobile Insurance Company (State Farm).

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge Thomas W. Graham
Marion County Court of Appeals 06/09/99
Stanley Wilson v. Jim Davenport, Tennessee Department of Employment Security and Carrier Air Conditioning

02A01-9712-CH-00301

This is an unemployment benefits case. The claimant’s employment was terminated, based on alleged misconduct. His application for employment benefits was denied. After administrative appeals, the chancery court affirmed the denial of benefits. The claimant appeals. We affirm the decision of the chancery court based on the claimant’s failure to timely file his petition for a writ of certiorari.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Floyd Peete, Jr.
Shelby County Court of Appeals 06/09/99
First Deposit National Bank, v. Men K. Quach

01A01-9809-CH-00505

This is an attack on the service of a summons. The Chancery Court of Davidson County refused to set aside a default judgment based on the sheriff’s return. We affirm.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Carol L. McCoy
Davidson County Court of Appeals 06/09/99
Ideal Products, Inc., v. Agmark Foods, Inc.

01A01-9807-CV-00348

This suit involves a commercial lease agreement entered into by Agmark Foods, Inc., Defendant-Appellant, with Ideal Products, Inc. Plaintiff-Appellee, for container chassis used in transporting commodities and bulk products. Agmark Contends that the Chancellor improperly granted a summary judgment in favor of Ideal.

 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Irvin H. Gilcrease, Jr.
Davidson County Court of Appeals 06/09/99
Regina Harris, Individually and as Parent and Next Friend of a Minor, v. Dr. Andrew L. Chern and Baptist Hospital, Inc.

01A01-9806-CV-00299

This is a medical malpractice case where in Ronnie Dale Netherton, Jr., sustained severe brain injury incident to his birth at Baptist Hospital, Inc. The Trial Judge granted a partial judgment in favor of Baptist as to any negligence alleged against it in connectin with the post-natal care of Plaintiff Ronnie Netherton, Jr. Although the Trial Judge overruled themotion for summary judgment alleging negligence by Baptist preceding Ronnie's birth, the Trial Judge, when ruling on the Plaintiff's motino to reconsider his orfer of partial summary judgment, overruled the motion and made the partial summary judgment final pursuant to Rule 54 of the Tennessee Rules of Civil Procedure, resulting in this appeal.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Thomas W. Brothers
Court of Appeals 06/09/99
Homer R. (Toby) Barnes, et al. v. Employers Mutual Casualty Co. - Concurring

03A01-9812-CH-00403

In this Declaratory Judgment action, the Trial Judge entered summary judgment against Employers Mutual Casualty Company, in favor of the plaintiffs, declaring “[t]he defendant owes the plaintiffs a duty of defense of the action pending in the Circuit Court for Sevier County, Tennessee, captioned Devin Phillips v. Toby Barnes . . . and further owes indemnity coverage respecting such claim , pursuant to the policies of insurance in question . . .”. The judgment was entered pursuant to T.R.C.P. Rule 54.02, and the insurance company has appealed that decision to this Court.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Telford E. Fogety, Jr.
Sevier County Court of Appeals 06/08/99
Paul Farnsworth v. Billy Compton, et al.

02A01-9809-CV-00257

Paul Farnsworth, a pro se inmate, has appealed the trial court’s dismissal of this 42 U.S.C. § 1983 civil rights action that was brought against numerous individually named defendants. Based upon the following, we affirm the trial court’s dismissal.
 

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge R. Lee Moore Jr.
Lake County Court of Appeals 06/07/99
Elease Owens, for herself and as next-of-kin to Etherline Bailey, Deceased v. Methodist Healthcare Systems and William C. Phelps, M.D.

02A01-9704-CV-00089

This is a medical malpractice case. The plaintiff asserts that the defendant physician caused
the death of the decedent in the course of childbirth. The jury found in favor of the defendant physician. The plaintiff appeals, asserting error in the jury instructions and juror misconduct. We
affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Janice M. Holder
Shelby County Court of Appeals 06/07/99
Mary Jean Brewer, v. Edward Lelon Brewer, Jr.

01A01-9710-CH-00611

This case tests the power of the trial court to order an adult, slightly handicapped child to visit his father. The Chancery Court of Rutherford County held that it was the duty of the court to require the visitation. We hold that under the circumstances of this case the court exceeded its jurisdiction.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Robert E. Corlew, III
Rutherford County Court of Appeals 06/04/99
Donald Sweeney and Vickie Sweeney Moulton, et al., v. Eric Erwin

01A01-9807-CH-00387

This is an appeal from a chancery decree awardingspecific performance to the purchasers of a tract of real estate and denying a counterclaim for rent. The lower court rendered the decree after a full evidentiary hearing on the merits. The appellant has not furnished this court with a transcript of the evidence heard at the trial.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Allen W. Wallace
Cheatham County Court of Appeals 06/04/99
Peggy Ann Bouchillon Brasfield v. Jimmy Carroll Brasfield - Concurring

03A01-9804-CH-00144

This is an appeal from a reduction in ordered child support.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Jerry Beck
Sullivan County Court of Appeals 06/03/99
Janet G. Seals v. Jefferson City, Tennessee and Jefferson County, Tennessee

03A01-9808-CV-00269

The issue presented by this appeal is whether an amendment to T.C. A.50 -1-304, (commonly knownn as the Whistle Blower Statute), which brough employees of the State of Tennessee within its purview, should be given retrospective effect.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Rex Henry Ogle
Court of Appeals 06/02/99
Pearl Nixon, v. Shoney's, Inc.

01A01-9711-CV-00629

This is a personal injury slip and fall case. The plaintiff was injured when she fell in the defendant’s restaurant due to a tray negligently left on the floor. The defendant restaurant admits liability but asserts that the evidence does not support the amount of the trial court’s award and seeks a remittitur. We affirm the trial court’s decision as modified.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Bobby H. Capers
Wilson County Court of Appeals 06/02/99
City of Lafayette v. Mark and Ruby Hammock

01A01-9901-CV-00056

In its eminent domain proceeding, the City of Lafayette (City) took a small strip of Mark and Ruby Hammock’s land along the City’s right-of-way for an existing street.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Judge Bobby H. Capers
Macon County Court of Appeals 06/02/99
Bill Jennings v. Lawler-Wood, Inc.

03A01-9803-CV-00111

The controversy giving rise to this appeal had its genesis in a service contract for washers and dryers entered into between Plaintiff Bill Jennings and Defendant Lawler-Wood, Inc., which manageg Maple Oak apartments for the owners. 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Richard E. Ladd
Sullivan County Court of Appeals 06/02/99