APPELLATE COURT OPINIONS

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First American Bank vs. National Project Services

01A01-9702-CH-00051

Originating Judge:Henry F. Todd
Court of Appeals 10/17/97
Brown vs. Baird

01A01-9704-JV-00148

Originating Judge:David Loughry
Rutherford County Court of Appeals 10/17/97
Montague vs. TN. Dept. of Correction

01A01-9602-CH-00065

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 10/17/97
State., ex. rel., Davis vs. Matikek

01A01-9702-CV-00090

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 10/17/97
Adcox & Graef vs. SCT Products

01A01-9703-CV-00123

Originating Judge:James E. Walton
Robertson County Court of Appeals 10/17/97
Turnley vs. TN. Dept. of Correction

01A01-9601-CH-00015

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/17/97
Ballard vs. Wetzel

03A01-9705-CH-00189
Court of Appeals 10/16/97
02a01-9704-CV-00090

02a01-9704-CV-00090

Originating Judge:Joseph H. Walker, III
Tipton County Court of Appeals 10/16/97
Walter Walsh vs. BA Inc. Medical Serv.

02A01-9703-CH-00051

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 10/16/97
Wheeler v. City of Maryville, 203 S.W.2D 924, 926, 29 Tenn. App. 318, 321-22 (1947). Here, The

02A01-9704-CV-00090
Tipton County Court of Appeals 10/16/97
Christenberry vs. Nelson

03A01-9701-CV-00039
Court of Appeals 10/16/97
Patricia Gunby/Janice Hamil vs. The Equitable Life Assur.

02A01-9606-CH-00140

Originating Judge:C. Neal Small
Shelby County Court of Appeals 10/16/97
Betty Berryhill vs. Charles Rhodes

02A01-9701-JV-00011

Originating Judge:Kenneth A. Turner
Shelby County Court of Appeals 10/14/97
Elmer Sides vs. Peggy Sides

02A01-9611-CV-00277

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 10/14/97
Betty Berryhill vs. Charles Rhodes

02A01-9701-JV-00011
Court of Appeals 10/14/97
Cooner vs. Cooner

01A01-9701-CV-00021

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 10/10/97
Cooner vs. Cooner

01A01-9701-CV-00021
Davidson County Court of Appeals 10/10/97
Tuttle vs. Tuttle

01A01-9512-CV-00546

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Appeals 10/10/97
Family Golf of Nashville, Inc. vs. Metropolitan Gov't.

01A01-9612-CH-00557

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/10/97
Bernard and Bernard vs. Houston Ezell Corp. et al

01A01-9701-CH-00015

Originating Judge:Cornelia A. Clark
Williamson County Court of Appeals 10/10/97
Horace A. LaRue, and Carla LaRue, Parents and next of kin of Randall Charles LaRue, Deceased., v. 1817 Lake Incorporated, D/B/A Bonkers, Howard Tannenbaum, Ricky Chambers, Robert Archer, and Danny G. Brewer

03A01-9702-CV-00053

This case arises from a motorcycle accident in which Randy LaRue, the 20-year old son of the plaintiff's, was killed. Plaintiff's sued 1817 Lake, Inc., D/B/A/ Bonkers, a Knoxville restaurant and bar, and Howard Tannenbaum, presidetn of 1817 Lake Inc., alleging that the defendant negligently and unlawfully served Randy and his companion, defendant Danny Brewer, alcoholic beverages on the evening of the accident. Plaintiffs also sued Robert Archer, the bartender who allegedly provided LaRue and Brewer with the drinks, and Ricky Chambers, the doorman on duty at Bonkers that night. The remaining defendant, Danny G. Brewer was the operator of the motor cycle at the time of the accident which resulted in Randall Charles LaRues, death.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Wheeler Rosenbalm
Knox County Court of Appeals 10/09/97
James C. Hise, Jr. and wife, Brenda L. Hise, State of Tennessee, Department of Transportationm Bruce Saltsman, Commissioner

02A01-9701-CV-00023

James C. Hise, Jr. and wife, Brenda L. Hise sued the State of Tennessee, the Department of Transportation and its commissioner for damages in an inverse condemnation action. The complaint alleges that, after conveying a portion of their property to the state, they learned that the project adversely impacted their commercial property. The defendants filed a motion to dismiss on the basis of sovereign immunity. The motion was granted and the plaintiffs appealed.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Kay S. Robilio
Shelby County Court of Appeals 10/08/97
Amberjack Ltd., Inc., D/B/A Nonconnah Corporate Center, v. Fred Thompson, Individually, and D/B/A Thompson Quality Management, Inc., et al.

02A01-9512-CV-00281

This lawsuit involves the breach of a lease agreement. The corporate lessee vacated the premises and stopped paying rent; consequently, the lessor filed suit. The trial court found the lessee in breach of the lease, but found the lease agreement unconscionable, held that the lessor failed to mitigate its damages, and held that the president of the corporate lessee could not be held personally liable. We affirm the trial court’s finding of a breach, but reverse its remaining findings and award the lessor damages for the entire term of the lease.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge James E. Swearengen
Shelby County Court of Appeals 10/07/97
Whitney Stegall v. Dottie Lou Pryor, Benton M. Mason Jr., Hugh Burton Mason, et al. - Concurring

01A01-9704-PB-00147

V. R. Mason died testate on October 29, 1995. The executor, Richard F. LaRoche, Jr., propounded the will for probate; in the ease of language it provided for the payment of debts and taxes and created a trust for a family cemetery, with the remainder to pass under the laws of intestate succession.

Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Tom E. Gray
Rutherford County Court of Appeals 10/03/97
Deborah Murray, Administrator Ad Litem of the estate of Terrance Murray and as Next of Kin of Terrance Murray, v. Jeremy A. Bryant, LilliaMn Bryant-Miller, Kathy Herbst, Charllie Herbst and Metro Govt of Nashville, et al.

01A01-9704-CV-00146

This is an action for damages against the Metropolitan Government and other Defendants, alleging that they are liable for the death of Plaintiff’s son, Terrance Murray, who was shot and killed by a fellow student while attending J. T. Moore Middle School in Nashville, Tennessee, on April 21, 1994.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 10/03/97