APPELLATE COURT OPINIONS

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Houser vs. Traughber

01A01-9610-CH-00483

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 02/26/97
Brooks vs. Brooks

01A01-9607-CV-00312

Originating Judge:M. Shipley
Davidson County Court of Appeals 02/26/97
01A01-9604-CH-00362

01A01-9604-CH-00362

Originating Judge:Samuel L. Lewis
Court of Appeals 02/26/97
Fisher & Bell vs. Metro Gov't.

01A01-9609-CV-00402

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 02/26/97
State Farm & Casualty vs. Pickral, et. ux.

01A01-9609-CV-00409

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 02/26/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Knox County Court of Appeals 02/25/97
03A01-9607-JV-00234

03A01-9607-JV-00234
Sullivan County Court of Appeals 02/25/97
03A01-9608-CH-00247

03A01-9608-CH-00247
Hamilton County Court of Appeals 02/25/97
Lovell & Malone vs. Commonwealth Life Ins.

01A01-9607-CH-00299

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 02/21/97
Waste Management vs. South Central Bell

01A01-9504-CV-00182

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 02/21/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 02/21/97
Waste Management vs. South Central Bell

01A01-9504-CV-00182

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 02/21/97
Almany vs. Christie

01A01-9608-CH-00376

Originating Judge:John H. Gasaway, III
Sumner County Court of Appeals 02/21/97
Brian Wolney and wife, Melissa Wolney, v. Lisa M. Emmons and Wells Fargo Armored Service Corporation

02A01-9508-CV-00169

This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge George H. Brown, Jr.
Shelby County Court of Appeals 02/21/97
Ulrich vs. Ulrich

01A01-9606-CV-00264

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 02/21/97
Frank Collier Auction & Realty Co. vs. Rice, et. al.

01A01-9608-CH-00384

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 02/21/97
Davis vs. TN. Dept. of Correction & Campbell

01A01-9610-CH-00487

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 02/21/97
01A01-9608-CH-00352

01A01-9608-CH-00352

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 02/21/97
Davis vs. TN. Dept. of Correction & Campbell

01A01-9610-CH-00487

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 02/21/97
Ikie Briggs, v. Estate of Odessa v. Briggs

02A01-9603-PB-00052

This is a will construction case. Respondent, Ikie Briggs, appeals from the order of the probate court construing the Last Will and Testament of Odessa V. Briggs in favor of the petitioner, Frances Duncan Briggs.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Leonard D. Pierotti
Shelby County Court of Appeals 02/21/97
Brian Wolney and wife, Melissa Wolney v. Lisa M. Emmons and Wells Fargo Armored Service Corporation

02A01-9508-CV-00169

The petition for rehearing filed in behalf of the Appellants is denied.

Authoring Judge: Judge Holly Kirby Lillard
Court of Appeals 02/21/97
Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.

02A01-9602-CV-00029

In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joseph H. Walker, III
Tipton County Court of Appeals 02/20/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 02/19/97
Sherry Denise Thearp Ervin, v. Dale Edward Ervin

02A01-9605-CH-00097

This is an appeal from a Final Decree of Divorce entered January 5, 1996. Plaintiff, Sherry Denise Thearp Ervin (Wife), appeals from the order of the trial court granting her an absolute divorce from the defendant, Dale Edward Ervin (Husband). 1 In her first issue, Wife argues that the trial court should have awarded her the parties’ ski boat. We will consider this assertion with the second issue. 2 Wife appeals the trial court’s decision concerning the division of the marital property, the amount of child support, and the denial of an award of attorneys’ fees.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Dewey C. Whitenton
Hardeman County Court of Appeals 02/13/97
Driber vs. Physicians Health Care

01A01-9607-CH-00310

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 02/12/97