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| Anna Williams vs. James Williams, II
E2000-03005-COA-R3-CV
In this post-divorce case, Anna M. Williams ("Mother") filed a petition against James K. Williams, II ("Father"), seeking a modification of the parties' divorce judgment, which judgment, inter alia, had awarded the parties joint custody of their minor daughter, Ashlyn Brooke Williams (DOB: July 20, 1996). The petition sought an alteration of Father's visitation schedule and an increase in Father's child support obligation. In response, Father filed, inter alia, a petition for change of custody. The trial court found a substantial and material change in circumstances and awarded Father sole custody of Ashlyn. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 03/30/01 | |
| State Farm Ins. Co. vs. Charles Schubert, et al
E2000-02054-COA-R3-CV
State Farm Insurance Company filed a declaratory judgment action seeking a determination as to its liability under the uninsured motorist ("UM") coverage of an automobile insurance policy issued to Charles Schubert. Schubert and his wife had obtained judgments against an uninsured motorist totaling $330,000. Of this amount, Schubert was awarded $260,000 for his injuries. His wife, Clara Schubert, was awarded $70,000 for loss of consortium. At the time of the automobile accident that gave rise to the underlying claims, Schubert was acting within the course and scope of his employment; as a result of his injuries, he received workers' compensation benefits of $89,518.08. We are asked to decide how much of the UM single-person coverage limit of $100,000 is payable in view of the language of the following provision of the policy as it applies to the UM coverages:
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 03/30/01 | |
| Bobby King vs. City of Gatlinburg
E2000-00734-COA-R3-CV
The Trial Court refused to entertain plaintiff's action on the grounds there was no justiciable controversy between the parties. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 03/30/01 | |
| Jennifer Gregg vs. Shirley McKay, Diane Farley, and Michael Floyd
E2000-01754-COA-R3-CV
This is a suit seeking damages for sexual harassment filed by the Plaintiff/Appellant, Jennifer Gregg, in the Circuit Court for Sevier County against the Defendants/Appellees, Shirley McKay and Diane Farley. The Trial Court sustained the Defendants' motion for summary judgment . We vacate the judgment of the Trial Court and remand for further proceedings consistent with this opinion. Costs of appeal are adjudged against the Defendants.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/30/01 | |
| Philip Workman v. Donal Campbell, et al.
M2001-01445-COA-R3-CV
This case involves the extent to which the State of Tennessee may regulate a condemned prisoner's right to be attended by his personal minister in the hours leading up to his execution. Prisoner sued the Commissioner of the Tennessee Department of Corrections and the prison warden based upon the warden's denial of prisoner's request that his personal religious advisor be physically present at all times leading up to his execution. The chancery court ordered the issuance of a writ of mandamus requiring the prison warden to allow the prisoner's minister to attend the prisoner at all times until the prisoner enters the death chamber. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ellen Hobbs Lyle |
Court of Appeals | 03/30/01 | ||
| The Weather Doctor Services Co., Inc., vs. Mark Stephens, et al
E2000-01427-COA-R3-CV
This is a suit in quantum meriut by The Weather Doctor Services Co., Inc., a subcontractor of David T. Goldnetz, d/b/a Architectural Custom Home Builders, Inc., against Mark Stephens and his wife Cindy Stephens. The Trial Court sustained the Stephenses' motion for summary judgment, finding that the undisputed facts did not sustain a cause of action in quantum meriut. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 03/30/01 | |
| Mathis T. Vaughn v. State of Tennessee
M2000-00755-CCA-R3-PC
Petitioner, Mathis T. Vaughn, filed a Petition for Post-Conviction Relief in the Montgomery County Circuit Court, which the post-conviction court subsequently denied. Petitioner challenges the denial of his petition, raising the following issue: whether the trial court erred in dismissing his Petition for Post-Conviction Relief, based upon a ruling that Petitioner’s allegations of ineffective assistance of counsel were without merit. After a thorough review of the record, we affirm the trial court's denial of the Petitioner's Petition for Post-Conviction Relief.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 03/29/01 | |
| E2000-01095-R3-CV
E2000-01095-R3-CV
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Steven Hull vs. Susan Hull and Garth Eddy
E2000-02696-COA-R3-CV
In this action to recover proceeds on life insurance policies required by a divorce decree for the children, the Trial Judge held the children were entitled to the proceeds, rather than the beneficiary named in the policies. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:O. Duane Slone |
Jefferson County | Court of Appeals | 03/29/01 | |
| Doretha Currie v. Kaiser Aluminum & Chemical
W1999-00821-WC-R3-CV
The appellant presents the following issues for review: (1) Whether the trial court erred in finding that plaintiff sustained permanent partial disability as a result of a work-related injury on August 16, 1997; and (2) Whether the trial court's award of 35 percent permanent partial disability to the left arm was supported by a preponderance of the evidence. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.
Authoring Judge: Wil V. Doran, Sp. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Tyrone V. Turner v. State of Tennessee
M2000-01949-CCA-R3-PC
The petitioner, Tyrone V. Turner, appeals the trial court's denial of post-conviction relief. The issue presented for review is whether the petitioner was denied the effective assistance of counsel on direct appeal. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 03/29/01 | |
| Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Originating Judge:W. Dale Young |
Blount County | Supreme Court | 03/29/01 | |
| Randall B. Coward vs. Blount County
E2000-02378-COA-R3-CV
Randall B. Coward ("Plaintiff") was incarcerated in the Blount County jail after being charged with DUI. Plaintiff claims he was sitting on the bed in his cell when the mattress shifted causing him to fall to the floor, landing on his head. Plaintiff says there was a full size mattress on a twin size frame with the mattress extending over the frame by six to eight inches. Plaintiff sued alleging negligence and/or gross negligence on the part of Blount County ("Defendant"). Defendant filed a summary judgment motion and attached the affidavits of the Sheriff of Blount County and a deputy sheriff. Both of these individuals swear that there were two styles of mattresses in the jail, and both styles fit the bed frames. In response to the summary judgment motion, Plaintiff filed his own affidavit which stated that the mattress extended over the frame by six to eight inches and was a full size mattress on a twin size frame. The Trial Court granted Defendant's summary judgment motion. We conclude there is a genuine issue of material fact, and, therefore, vacate the judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/29/01 | |
| Carolyn Sue Moore v. Wal-Mart Stores, Inc.
W2000-00719-WC-R3-CV
The employer contends this claim is time barred by the statute of limitations and notice provisions and that the award to the workers' scheduled member was excessive. As discussed below, the panel concludes that the judgment of the trial court should be affirmed in all respects.
Authoring Judge: C. Creed Mcginley, Sp. J.
Originating Judge:Robert L. Childers, Judge By Interchange |
Moore County | Workers Compensation Panel | 03/29/01 | |
| Blanche Bunch vs. Robert Sharp
E1999-02524-COA-R3-CV
In this boundary line dispute, the Trial Judge established the boundary between the parties' lands and Plaintiff has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Conrad E. Troutman, Jr. |
Claiborne County | Court of Appeals | 03/29/01 | |
| Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Supreme Court | 03/29/01 | |
| Sandra G. Jackson v. Goodyear Tire & Rubber Company
W1999-01691-WC-R3-CV
The trial court determined that the plaintiff had suffered a 2% permanent partial disability to her right arm and a 3% permanent partial disability to her left arm as the result of bilateral carpal tunnel syndrome. The defendant submits that the awards are excessive and that the testimony of the independent medical evaluator should be disallowed due to his failure to utilize the AMA Guidelines in determining grip strength loss. For the following reasons, we disallow that portion of the independent medical evaluator's testimony dealing with grip strength loss but affirm the trial court's award of vocational disability.
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:William Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 03/29/01 | |
| Audie Lowe, et al vs. Bill Goad, et al
E2000-02056-COA-R3-CV
Audie Lowe, Hilda Lowe, and Sheilda Mills ("Plaintiffs") brought this boundary line suit against members of their family, Bill Goad, Mattie Goad, Eugene Olmstead, and Mae Olmstead ("Defendants"). Plaintiffs allege their predecessor-in-title, Arlie Overton, had an agreement with Defendants' predecessor-in-title, Sherman Overton, that a fence ("Fence") would serve as the boundary line. Plaintiffs' deed does not include the disputed area up to the fence. After a trial, the Trial Court dismissed Plaintiffs' complaint, holding that the Fence was not the boundary line by agreement or acquiescence. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Allied Sound, Inc. vs Eddie Neely & Johnny Davis
E2000-01095-COA-R3-CV
In this action alleging misrepresentation, concealment and fraud, the Trial Court granted defendants summary judgment on the grounds that it was unreasonable for plaintiff to rely on any representations made by defendants. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/29/01 | |
| Loreta MCCollum, et al vs. James Connatser
E2000-02561-COA-R3-CV
On May 9, 1997, Alleen C. McCroskey ("the decedent") passed away, leaving two children, Loretta C. McCollum and James W. Connatser, Jr. McCollum, individually and as administratrix of the decedent's estate, filed suit against her brother, claiming that Connatser, as a result of undue influence on the decedent and/or conversion, wrongfully obtained monies that now rightfully belong to the decedent's estate. The trial court granted Connatser summary judgment, and McCollum appealed. We vacate the grant of summary judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/29/01 | |
| Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 03/29/01 | |
| Robert M. Sneed v. State of Tennessee
E2000-02213-CCA-R3-PC
The Defendant was convicted of DUI, second offense, and driving on a revoked license, second offense. His convictions were affirmed on direct appeal, and he subsequently filed for post-conviction relief, which was denied. In this appeal, the Defendant contends that the post-conviction court erred in denying his request for post-conviction relief, arguing that he was denied the effective assistance of counsel at trial; that he was denied a fair trial because the trial judge refused to recuse himself; and that the post-conviction court erred in refusing to admit certain evidence. We affirm the denial of the Defendant's request for post-conviction relief.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 03/28/01 |