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| Tennessee-American Water Company, v. City of Chattanooga, Tennseess, et al.
E2000-00415-COA-R3-CV
The City of Chattanooga asserted, by counter-claim, that the franchise rights of a state-franchised water company had terminated when the original stated corporate existence of ninety-nine years expired. The Hamilton County Chancery Court found that the water company's franchise was separate from the incorporation, that perpetuity of the franchise is the appropriate interpretation when there exists no limiting language in the franchise grant itself, and that the water company had not trespassed by continuing to operate in Chattanooga past the expiration of the original ninety-nine year grant of corporate existence. The judgment of the Chancellor is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor Howell N. Peoples |
Hamilton County | Court of Appeals | 08/02/00 | |
| Dorothy Taylor v. Senior Citizens Services, Inc.,
W1999-02152-WC-R3
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6- 225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, Dorothy Taylor, appeals the judgment of the Circuit Court of Tennessee for the 3th Judicial District at Memphis, where the trial court found: (1) that Ms. Taylor failed to give proper notice to her employer regarding her carpal tunnel injury, (2) that if the trial court had found the carpal tunnel injury to be compensable, it would have awarded Ms. Taylor a 1% permanent impairment to each extremity and temporary total disability benefits up to May 7, 1997, (3) that Ms. Taylor had a 1% permanent impairment to the body as a whole as a result of a back injury and awarded a judgment in the amount of $6,43.2, (4) that Ms. Taylor was entitled to open medical benefits for life as they related to the specific back injury she suffered on January 31, 1994, (5) that the defendants were not required to pay for unauthorized medical bills for treatment of Ms. Taylor's back or (6) for the evidentiary deposition of John Howser, M.D. For the reasons stated in this opinion, we affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225 (e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed. WEATHERFORD, SR. J., in which HOLDER, J., and MALOAN, SP. J., joined. Albert G. McLean, Memphis, Tennessee, for the appellant, Dorothy Taylor . Wm. B. Walk, Jr., Memphis, Tennessee, for the appellees, Senior Citizens Services, Inc. d/b/a Senior Services, and Hartford Insurance Co. MEMORANDUM OPINION The employee, Dorothy Taylor, was forty years old at the time of trial. She has an 11th grade education and later took a course and became a certified nursing assistant. Ms. Taylor worked for Senior Citizens Services, Inc. as a personal care aid from October 17, 1988 until April 27, 1994. Her daily job activities included lifting patients in and out of wheel chairs and putting them in the tub, giving bed baths, making beds, doing some house cleaning, cooking, running errands, and taking vital signs. Prior to her job at Senior Citizens Services, Inc., Ms. Taylor worked for Court Manor Nursing Home for two years where she performed the same job activities. Before working at Court Manor Nursing Home, she worked for a cleaners as a flat iron worker for about seven (7) months. Prior to that time, she and her husband had operated a restaurant lounge from 1983 to 1985 where she handled the paper work, the purchasing and inventory. She also worked behind the bar. Ms. Taylor stated that she had injured her back in 1991, but had recovered after being off work for about three months. She also testified that she hurt her right hip and shoulder in June of 1993, but was only off a few days from that injury. She never received any permanent disability benefits from either prior injury. Ms. Taylor testified that she injured her back on January 31, 1994, when she was putting a patient back to bed. Ms. Taylor had the upper part of the patient's body while another person was holding the patient's legs. When the other person dropped the patient's legs, Ms. Taylor twisted her back and she heard a "pop" in her lower back and it started to hurt "real bad." Pursuant to the company's procedures, Ms. Taylor advised the work schedulers of her injury and they in turn were to inform her supervisor. About two weeks later, Ms. Taylor personally told her supervisor, Mattie Hewlett, about the accident. Ms. Taylor testified that she stayed off work for three days and then attempted to go back to work, but was unable to do so because of back pain. She saw her family doctor, Dr. A. E. Horne, one (1) week exactly from the date of the accident. Prior to this time, she had not been given the names of any workers' compensation approved doctors. Ms. Taylor stayed off work approximately one (1) month after the accident. Senior Citizens Services authorized Ms. Taylor to see Dr. Mark Harriman, who began his treatment of Ms. Taylor in March of 1994. Dr. Harriman testified that: My exam at that time was fairly non-physiologic. I did not think that there was anything going on. She was very histrionic in her presentation. She had pain to light touch, had pain when I checked her deep tendon reflexes. Otherwise, she was neurologically intact. I felt like at that time we should just give her a few days to get ready and go back to work and sent her back to work as of the 22nd of March. Dr. Harriman also stated, "She was very jumpy on exam, exhibited signs of symptom magnification without any real physical exam findings to go along with it." -2-
Authoring Judge: Weatherford, Sr. J.
Originating Judge:Robert L. Childers, Judge |
Shelby County | Workers Compensation Panel | 08/01/00 | |
| Wilson vs. Wilson
M1999-02045-COA-R3-CV
This is an appeal from the trial court's refusal to modify Mr. Wilson's child support obligation after he was terminated from his place of employment. We reverse the trial court's judgment.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/31/00 | |
| Freethy vs. Maconi
M2000-00107-COA-R9-CV
This Rule 9 interlocutory appeal consists of the singular issue of whether Steven Maconi has sufficient minimum contacts with the state of Tennessee for it to exercise personal jurisdiction over him, thus requiring him to defend a paternity action brought in Tennessee. The Trial Court held that Mr. Maconi had sufficient minimum contacts with the state of Tennessee, and thus, it could exercise personal jurisdiction over him. We reverse the finding of the Trial Court and hold that Mr. Maconi does not have sufficient minimum contacts with the state of Tennessee for it to exercise personal jurisdiction over him.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Raymond Grimes |
Montgomery County | Court of Appeals | 07/31/00 | |
| Donna Jean Sexton v. State of Tennessee
E1999-02226-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Lynn W. Brown |
Carter County | Court of Criminal Appeals | 07/31/00 | |
| Teresa Miles vs. Earl Pace
W1999-00407-COA-R3-CV
Four tenants in common, each owning a one-eighth interest in the property, filed suit for sale for partition against the other tenant in common, owning a one-half interest. After a non-jury trial, the court found that the property was so situated that it could not be partitioned and also found that it would be manifestly for the advantage of the parties that the property be sold rather than partitioned. The tenant in common owning one-half interest has appealed. We affirm, because the evidence does not preponderate against the findings of the chancellor.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 07/31/00 | |
| State vs. Lester Douglas Giles
E1999-02236-CCA-R3-CD
On June 21, 1999, the defendant pled guilty in the Monroe County Criminal Court to attempted rape and was sentenced to four years as a Range I standard offender. The sentence was suspended, and he was placed on probation. On July 6, 1999, a probation violation was issued, alleging that the defendant had violated his probation by having contact with the victim's family. Following a hearing on August 16, 1999, the trial court ruled that the defendant had violated the terms of his probation, a ruling which the defendant timely appealed. Based upon our review, we reverse the judgment of the trial court and reinstate the defendant's probation.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 07/31/00 | |
| Larry Parish vs. Robert Marquis
W1999-02629-COA-R3-CV
Plaintiffs Larry E. Parrish and Larry E. Parrish, P.C. (collectively, "Parrish"), appeal the trial court's final summary judgment that dismissed Parrish's claim for malicious prosecution against Defendants Robert S. Marquis, McCampbell & Young, P.C., Ronald C. Koksal, and Butler, Vines & Babb, PLLC. The Defendants also have raised an issue on appeal, contending that the trial court erred in denying their motions to dismiss for improper venue. We conclude that the Shelby County Circuit Court was not the proper venue for Parrish's malicious prosecution claim. Accordingly, we affirm the trial court's dismissal of Parrish's malicious prosecution claim on the alternative ground of improper venue.
Authoring Judge: Judge David R. Farmer
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 07/31/00 | |
| Taylor vs. Campbell
M2000-00217-COA-R3-CV
Daniel B. Taylor filed a petition for declaratory judgment against the Commissioner and several other employees of the Tennessee Department of Correction, alleging that he is entitled to various sentence reduction credits and that his sentence is void and illegal. The trial court dismissed Taylor's petition. We vacate the judgment of the trial court and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/31/00 | |
| Howell vs. Howell
M1999-00753-COA-R3-CV
In this post-divorce case, Talisa Gayle Kelly, formerly Howell, ("Wife") filed a petition seeking to increase child support and to enforce other provisions of the judgment of divorce. The trial court ordered Gary Morris Howell ("Husband") to pay Wife the balance due her for her interest in the former marital residence. It further found Husband in contempt for failing to maintain a life insurance policy for the benefit of the parties' minor child and ordered him to pay Wife an amount approximating what he would have paid in insurance premiums had he maintained the policy as required by the divorce judgment. Wife was also awarded half of her attorney's fees. We reverse the trial court's award of the unpaid premiums; in all other respects, the judgment of the trial court is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John A. Turnbull |
Maury County | Court of Appeals | 07/31/00 | |
| Lineberry vs. Locke
M1999-02169-COA-R3-CV
A citizen whose private photographs and video tapes were seized in the execution of a search warrant sued the sheriff and a deputy for invasion of privacy and outrageous conduct. The trial judge directed a verdict for the defendants at the close of the plaintiff's proof. Because we agree that the plaintiff did not prove either cause of action, we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Wilson County | Court of Appeals | 07/31/00 | |
| George Todd vs. State
M1999-00976-CCA-R3-PC
The Defendant appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found that the petition was barred by the statute of limitations. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:L. Craig Johnson |
Coffee County | Court of Criminal Appeals | 07/28/00 | |
| Mona Koja vs. Abed Koja
W1999-00993-COA-R3-CV
Wife was granted a divorce and received a division of marital property and alimony in futuro. The trial court denied Wife attorney fees and expenses. Wife has appeal. The trial court's order denying an award of attorney fees and expenses is reversed. The case is remanded for entry of an order awarding one-half of the attorney fees and expenses.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 07/28/00 | |
| State of Tennessee v. Christopher Kevin Padgett
M2000-00038-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 07/28/00 | |
| Rodney Buford vs. State
M1999-00487-CCA-R3-PC
The petitioner, Rodney Buford, is serving an effective sentence of life plus twenty years. His petition for habeas corpus relief was properly dismissed by the trial court because the judgment is not facially invalid and the sentence has not been served.
Authoring Judge: Judge Gary R Wade
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 07/28/00 | |
| Blankinship vs. TDOC
M1999-02381-COA-R3-CV
A prisoner filed a petition to compel the Department of Correction to establish a mandatory parole date for his benefit. The trial court dismissed the petition for failure to state a claim upon which relief can be granted. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/28/00 | |
| Roger Harris vs. State
E1999-02056-CCA-R3-PC
The petitioner, convicted of first degree murder and reckless endangerment, filed a pro se petition for post-conviction relief in March 1995. The petition was amended several times, first by the petitioner, then by the public defender, and ultimately by private counsel. The trial court summarily dismissed the petition by order because it was not "verified by any oath or affirmation." We reverse and remand, holding that the original petition was filed under a statute that did not require verification by oath or affirmation and, in the alternative, that the affirmation executed by the private counsel is sufficient under the current law.
Authoring Judge: Judge John Everett Williams
Originating Judge:Lynn W. Brown |
Unicoi County | Court of Criminal Appeals | 07/28/00 | |
| William Lavern Davis vs. State
M2000-00341-CCA-R3-PC
The petitioner argues that in finding that his trial counsel was not ineffective and denying his post-conviction petition, the petitioner appeals from the trial court's denial of his post-conviction petition. He argues that the trial court erred by finding that his trial counsel was not ineffective. The trial court's order is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 07/28/00 | |
| State vs. Edward T. Flye
M1999-01183-CCA-R3-CD
The defendant, Edward T. Flye, challenges the sufficiency of the evidence used to convict him of aggravated burglary and evading arrest. Because the evidence is adequate to support the convictions, the judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
|
Davidson County | Court of Criminal Appeals | 07/28/00 | |
| Tuttle vs. Tuttle
M1999-01578-COA-R3-CV
In a previous appeal, this divorce case was remanded to the trial court for a determination of whether the parties had any marital property and, if so, for the trial court to make an equitable division thereof. From the trial court's final decree in compliance with the order of remand, defendant appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 07/28/00 | |
| State of Tennessee v. Michael F. Maraschiello
M1997-00049-CCA-R10-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 07/28/00 | |
| Mary Zelek v. Flagstar System,
M1999-00269-WC-R3-CV
The employer contends the trial judge erred by accrediting the expert medical testimony of a non-approved physician chosen by the employee, or her attorney, and that the award of permanent partial disability benefits is excessive.
Authoring Judge: Loser, Sp. J.
Originating Judge:J. O. Bond, Judge |
Wilson County | Workers Compensation Panel | 07/28/00 | |
| Phelps vs. TDOC
M1999-02109-COA-R3-CV
Petitioner/Appellant, a state prisoner, filed his petition for common law certiorari asserting that he was being unconstitutionally and illegally incarcerated by the state and had not been given proper credits under various sentence reduction credit statutes and policies. The trial court granted summary judgment and Petitioner appealed. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/28/00 | |
| Jeffrey Harris vs. Percy Pitzer
W2000-00187-COA-R3-CV
This case involves the incarceration of the Appellant in the state of Tennessee pursuant to a contract between the Wisconsin Department of Corrections and Corrections Corporation of America. The Appellant filed a Petition for Habeas Corpus Relief in the Circuit Court of Hardeman County. The trial court entered an order granting the Appellee's Motion to Dismiss for failure to state a claim upon which relief could be granted. The Appellant appeals from the dismissal of his Petition filed in the Circuit Court of Hardeman County. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/28/00 | |
| Green vs. Innovative Recovery Services, Inc.
M1999-02227-COA-R3-CV
The attorney for a woman who had been injured in an auto accident claimed that his services entitled him to a portion of the subrogation interest asserted by TennCare against the settlement proceeds. The trial court dismissed his claim. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/28/00 |