APPELLATE COURT OPINIONS

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03A01-9804-CV-00145

03A01-9804-CV-00145
Court of Appeals 03/10/99
Sherer vs. Linginfelter

03A01-9805-CV-00168
Court of Appeals 03/10/99
Tn Farmers Mutual Ins. vs. Inman

03A01-9808-CV-00246
Court of Appeals 03/10/99
Ellis vs. Trentham

03A01-9806-CH-00204
Court of Appeals 03/10/99
Robert D. Fulcher, III and wife, Eleanor Fulcher and Allen-Fulcher Partnership, v. R. Chancellor Allen and H. Stanley Allen, Trustee, and Harwell-Allen Partnership

01A01-9802-CH-00090

This appeal involves a dispute between partners. Plaintiffs-Appellants, Robert D. Fulcher III, Eleanor Fulcher, and Allen-Fulcher Partnership, appeal the trial court’s ruling in favor of Appellees, R. Chancellor Allen, H. Stanley Allen, and Harwell-Allen Partnership.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Irvin H. Gilcrease, Jr.
Davidson County Court of Appeals 03/09/99
Steven Meredith Garmon v. Fisk University, Henry Ponder, President, Reavis L. Mitchell, Dean of Academic Affairs

01A01-9803-CH-00132

A white college professor denied tenure sued his university employer for breach of contract and racial discrimination. The Chancery Court of Davidson County dismissed both claims. We reverse the judgment dismissing the contract claim and affirm the ruling on the discrimination claim.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 03/09/99
Michelle Ball for herself and next of kind of Miranda K. Ball, Deceased, v. Hamilton County Emergency Medical Services

03A01-9804-CV-00139

This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination:

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge W. Neil Thomas, III
Court of Appeals 03/09/99
Vanderbilt University Medical Center v. The County of Macon, Lafayette, Tennessee - Concurring

A01-9712-CH-00707

Vanderbilt University Medical Center (“Vanderbilt”) filed suit in the Chancery Court of Davidson County against Macon County (“County”) seeking a judgment against County in the amount of $20,671.95 for medical services rendered by Vanderbilt in Nashville to an inmate who had been in the  custody of County and who had been brought to Vanderbilt for treatment. Both Vanderbilt and County filed motions for summary judgment,  supported by affidavit or affidavits. Following a hearing, the chancellor denied County’s summary judgment motion and granted summary  judgment in favor of Vanderbilt. On appeal, County has raised two issues which are as follows:


1. Did the trial court err in ruling that venue was proper in Davidson County; 2. In granting Vanderbilt’s motion for summary judgment.

Authoring Judge: Judge Hewitt P. Tomlin, Jr.
Originating Judge:Chancellor Irvin H. Kilcrease
Davidson County Court of Appeals 03/09/99
Howell vs. Chase

03A01-9810-CV-00340
Court of Appeals 03/09/99
Gouge vs. Ryan

03A01-9805-CV-00174
Court of Appeals 03/08/99
Underwood vs. Charter Federal

03A01-9809-CV-00288
Court of Appeals 03/08/99
Kenneth Larry Mangum, v. Golden Gallon Corporation

01A01-9709-CV-00459

This premises liability action involves a disabled person who was injured when he tripped on a floor mat while entering a convenience market in Decherd. The patron’s suit against the market, originally filed in the Chancery Court for Franklin County but later transferred to the Circuit Court for Franklin County, alleged that the market had created a dangerous condition, especially for patrons using crutches, by placing the floor mat at its entrance. The market moved for summary judgment, relying on the deposition testimony of the patron, two employees of the market, and the market's surveillance camera videotape of the patron’s fall. The trial court granted the motion, and the patron has appealed. We have determined that the market is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment.
 

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Buddy D. Perry
Franklin County Court of Appeals 03/05/99
02A01-9712-CV-

02A01-9712-CV-

Originating Judge:James F. Russell
Shelby County Court of Appeals 03/05/99
Burson & Simpson Lodge Developments, Inc. v. The Metropolitan Government of Nashville and Davidson County, and the Metropolitan Planning Commission

01A01-9805-CH-00249

Burson and Simpson Lodge Developments, Inc. ("Burson & Simpson") appeals from the trial court’s affirmance of a decision rendered by the Nashville and Davidson County Metropolitan Planning Commission (the “Planning Commission”), whereby the Planning Commission characterized a proposed amendment to a planned unit development as a “basic change in development concept,” and whereby the Planning Commission disapproved the amendment. We find that, based upon the record before this Court, the Planning Commission’s disapproval of the proposed amendment was illegal, arbitrary, or capricious and, therefore, we reverse the holding of the trial court.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Claudia C. Bonnyman
Davidson County Court of Appeals 03/05/99
Kimberly Siegel vs. David Siegel

02A01-9708-CH-00198

Originating Judge:C. Neal Small
Shelby County Court of Appeals 03/05/99
Lisa Austin vs. Gregory Graflund

02A01-9807-JV-00176

Originating Judge:A. V. Mcdowell
Shelby County Court of Appeals 03/05/99
02A01-9805-CV-

02A01-9805-CV-

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 03/05/99
02A01-9804-CH-

02A01-9804-CH-

Originating Judge:C. Neal Small
Shelby County Court of Appeals 03/05/99
Browning Construction Company v. Lawrence E. Steinburg and John W. Browning, Sr., - Concurring

02A01-9711-CH-00290

This is a suit to enforce a mechanics’ and materialmen’s lien. The plaintiff asserted it made improvements to real property based on an agreement with the owner of the property. The property owner moved for summary judgment, arguing that there was no evidence of an agreement between the parties. The trial court granted summary  judgment to the defendant property owner, and the plaintiff appeals. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor John Hill Chisolm
Hardeman County Court of Appeals 03/02/99
Steve Anderson v. Hacks Crossing Partners, et al.

02A01-9711-CH-00288

Plaintiff Steve Anderson appeals the trial court’s order which dismissed his complaint seeking specific performance and other relief against Defendants/Appellees Hacks Crossing Partners and Exxon Corporation. We affirm.
 

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 03/02/99
Robin Berry, et al vs. Wilson County Board of Zoning Appeals, et al

M2000-01995-COA-R3-CV
The Wilson County Board of Zoning Appeals denied Petitioner's request to establish a flea market or a gift shop/deli shop in property zoned C-3 (Highway Commercial). The Board denied Petitioner's request, finding that the Petitioner's proposed businesses were neither permitted uses nor uses permissible on appeal. Petitioner appealed the decision of the Board of Zoning Appeals to the chancery court. The chancery court reversed the decision of the Wilson County Board of Zoning Appeals. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. K. Smith
Wilson County Court of Appeals 02/26/99
The Estate of John L. Harper, Deceased

03A01-9806-CH-00202
Knox County Court of Appeals 02/26/99
James & Mary McCain vs. Cary Vaughn

02A01-9707-CV-00154

Originating Judge:Robert L. Childers
Shelby County Court of Appeals 02/26/99
Brown vs. Brown

03A01-9806-CH-00178
Hamilton County Court of Appeals 02/25/99
Griffin vs. Shelter Mutual Ins. Co.

01A01-9712-CH-00700

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 02/25/99