03A01-9804-CV-00145
03A01-9804-CV-00145
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Court of Appeals | 03/10/99 | ||
Sherer vs. Linginfelter
03A01-9805-CV-00168
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Court of Appeals | 03/10/99 | ||
Tn Farmers Mutual Ins. vs. Inman
03A01-9808-CV-00246
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Court of Appeals | 03/10/99 | ||
Ellis vs. Trentham
03A01-9806-CH-00204
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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:
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
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Court of Appeals | 03/09/99 | ||
Gouge vs. Ryan
03A01-9805-CV-00174
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Court of Appeals | 03/08/99 | ||
Underwood vs. Charter Federal
03A01-9809-CV-00288
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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
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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
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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 |