APPELLATE COURT OPINIONS

In this divorce action the Trial Court decreed the parties’ separate marital property, divided the marital estate, and granted the parties a divorce pursuant to T.C.A. §36 -4-129(b).

The wife has appealed and raises these issues:
1. The Court erred in not awarding alimony.
2. The Court erred in not equitably dividing the marital estate; and
3. The Court erred in not making an equitable distribution of the husband’s military retirement.

This is a custody dispute between the child's father and the child's maternal grandmother, who was nominated as the custodian in the will of the child's mother. The Circuit Court of Coffee County awarded custody to the father and his mother. We affirm.

The plaintiff, Deborah H. Steele (“Steele”), brought this action against her former employer, Superior Home Health Care of Chattanooga, Inc. (“Superior”), and her former supervisor, David Twombley (“Twombley”)1, alleging that she was the victim of, among other things, sexual  harassment, outrageous conduct, and the intentional infliction of emotional distress. After various other claims were dismissed by the trial court², the case proceeded to trial before a jury on Steele’s claim of sexual harassment against both Superior and Twombley under the Tennessee Human Rights Act, T.C.A. § 4-21-101, et seq. (“THRA”), and her claim of outrageous conduct and intentional infliction of emotional distress, against Twombley alone. The jury found in favor of Steele on all of the remaining theories of recovery and awarded her $1.2 million in compensatory  damages and $60,000 in punitive damages. The trial court also awarded Steele attorney’s fees and costs against both defendants. After Steele  accepted a remittitur that eliminated the punitive damages award and reduced the compensatory damages award to $850,000, both Superior and Twombley appealed, raising in substance the following issues for our consideration:

1. Did the trial court err in allowing inadmissible hearsay testimony from witnesses who did not have first-hand knowledge of the events in question?

2. Did Steele’s counsel make improper and prejudicial statements during closing argument, thus warranting a new trial?

3. Is there material evidence in the record to support the jury’s verdict?

4. Did the trial court err in submitting to the jury Steele’s cause of action against Twombley under the THRA?5. Did the trial court err in giving the jury an inaccurate charge, thereby prejudicing its verdict against Twombley?

6. Did the trial court err in not suggesting a further remittitur of the jury’s verdict?

7. Did the trial court err in awarding attorney’s fees against Twombley under the THRA?

I concur with the results of this opinion. However, I am filing this separate opinion to clarify my understanding of the significance of the portion of the decision dealing with the need of the parties’ daughter for continuing support past her eighteenth birthday.

In this divorce case, Mary C. Williams, hereafter “wife” has appealed from the judgment of the Trial Court awarding her a divorce from Si J. Williams, hereafter “husband,” custody, child support, alimony, insurance, fees and division of property.

I concur with the results of this opinion. However, I am filing this separate
opinion to clarify my understanding of the significance of the portion of the decision
dealing with the need of the parties’ daughter for continuing support past her
eighteenth birthday.