APPELLATE COURT OPINIONS

The plaintiff, Darrell Turner, has appealed from a jury verdict and judgment dismissing his suit against the defendant, Brian W. Skelly for personal injuries sustained when the right rear view mirror of a pick-up truck operated by defendant, Brian w. Skelly, struck plaintiff’s left elbow as he walked on the right edge of the road at 8:30 p.m. after dark.

The plaintiff, Wade Spurling, D.C., appeals from the order of the trial court granting the defendants’ motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12.02(6) T.R.C.P. Spurling filed a complaint titled “Complaint For Deceit in Inducement to Contract, Promissory Fraud, Fraud, Intentional Interference With Performance ofContractual Obligations and Breach of Contract.” The complaint alleges that Plaintiff owned and operated Spurling Chiropractic Clinic (SCC). He entered into negotiations with Defendant Michael K. Plambeck (Plambeck) for Plambeck to purchase SCC.

In this contract action, the Trial Judge entered judgment for plaintiff against defendant in the amount of $50,431.29, and dismissed defendant’s counterclaim which had sought damages for plaintiff’s alleged breach of the distributorship agreement.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.