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| Emily Lewis vs. Life Care Centers of America
E2001-01812-COA-R3-CV
Emily Lewis, a student enrolled in a Certified Nursing Assistant's training program operated and supervised by Nursetrainers, Inc., sues Life Care Centers of America, Inc. The suit seeks damages for injuries resulting to Ms. Lewis, who was taking training to become a Certified Nursing Assistant. As a result of Life Care's negligence, the original complaint alleged several other causes of action, all of which have been abandoned on appeal. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 05/14/02 | |
| Michael Couillard vs. Martha Couillard
E2001-01770-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Court of Appeals | 05/14/02 | |
| Carol Soloman v. Klebber Murrey
M2001-00806-COA-R3-CV
Before their marriage, the parties signed a pre-nuptial agreement, which among other things, declared their intention to "equally divide any and all living expenses." When they divorced, the trial court enforced the agreement, and ordered the husband to reimburse the wife for her far greater contribution to such expenses during the course of the marriage. The husband argues on appeal that the living expenses provision should not have been enforced, because it is contrary to public policy. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Donald P. Harris |
Davidson County | Court of Appeals | 05/14/02 | |
| Roy Gray vs. Nancy Gray
E2001-02470-COA-R3-CV
In this divorce case from the Circuit Court for Knox County the Appellant, Roy William Gray, contends that the Trial Court erred in failing to disqualify counsel for the Appellee, Nancy Jane Gray. Mr. Gray further contends that the Court erred in dividing the marital assets, in granting both parties a divorce, and in awarding Ms. Gray post trial attorney's fees. Ms. Gray asserts that she should be reimbursed for attorney's fees incurred by her in responding to this appeal upon the grounds that the appeal is frivolous and devoid of merit. The judgment of the Trial Court is affirmed in part and reversed in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 05/14/02 | |
| Extendicare International v. James Anderson, III
M2001-02265-COA-R3-CV
Appellants filed a legal malpractice action against James P. Anderson, III on July 20, 1999. Appellants filed an Amended Complaint against Anderson III on February 14, 2001 and, in such Amended Complaint, asserted for the first time a claim against James B. Anderson, II and his law firm, Anderson & Bridges. The trial court granted summary judgment to Anderson II and Anderson & Bridges upon a finding, as a matter of law, that the statute of limitations as to them had expired. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 05/14/02 | |
| State of Tennessee v. Roger Edward Edwards
E2001-00705-CCA-R3-CD
Defendant appeals the trial court's denial of defendant's request to withdraw his guilty plea and motion for a new trial. On appeal, defendant has two assertions: (1) he received ineffective assistance of counsel and (2) the State committed a Brady violation. Concluding that defendant received effective assistance of counsel and did not demonstrate a Brady violation, we affirm the trial court's judgment.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge E. Shayne Sexton |
Claiborne County | Court of Criminal Appeals | 05/14/02 | |
| Michael Watkins v. Greg Fitzgerald
M2000-03197-COA-R3-CV
This case originated in the General Sessions Court of Davidson County wherein Greg Fitzgerald filed an unlawful detainer warrant against Michael Watkins relative to real property at 1127 Delmas Avenue in Nashville. Then, Michael Watkins filed an action against Fitzgerald for wrongfully evicting him from the same property. Mr. Watkins then filed a civil warrant against Constance Regina Wilson and Curtis Sharp, Jr. for breach of contract asserting an agreement between the parties relative to the same real estate. Judgments of the general sessions court were appealed to the circuit court, consolidated and heard in circuit to the end that circuit court judgments were rendered in favor of Fitzgerald, Wilson and Sharp, and against Michael Watkins. From these judgments Watkins appeals and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 05/14/02 | |
| Elaine Wynn vs. Joseph Hames
W2001-00269-COA-R3-CV
This a medical malpractice case. Plaintiff's decedent saw Defendant, an emergency room physician, who diagnosed decedent with pneumonia and sent decedent home with antibiotics. Plaintiff's decedent died the next day from congestive heart failure. Plaintiff, wife of decedent, sued Defendant for malpractice. The jury's verdict found decedent 90% at fault and Defendant 10% at fault, and the trial court entered judgment for Defendant on the jury verdict. Plaintiff appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Julian P. Guinn |
Benton County | Court of Appeals | 05/13/02 | |
| State of Tennessee v. Tracy T. Bostic
M2000-02941-CCA-R3-CD
The Williamson County Grand Jury returned separate, one-count presentments against the defendant, Tracy T. Bostic, charging him with felony sale or delivery of a controlled substance, in violation of Tennessee Code Annotated section 39-17-417, and with felony sale or delivery of a counterfeit controlled substance, in violation of Code section 39-17-423. The defendant was tried and convicted on the controlled substance charge, and the trial court imposed an incarcerative sentence of nine years as a Range II, multiple offender and assessed a $25,000 fine. The defendant elected to forego a trial on the counterfeit controlled substance charge, and he entered a “blind” guilty plea to that offense, for which he received a three-year incarcerative sentence as a Range II, multiple offender, which was ordered to be served consecutively to the nine-year sentence. On appeal, the defendant contests the sufficiency of the evidence upon which his controlled substance conviction rests, and he complains about the length and manner of service of his combined sentences and about the $25,000 fine. Based upon our review of the video record in this case and our consideration of the briefs of the parties and applicable law, we affirm the defendant’s convictions and the incarcerative portion of his sentences, but we modify the $25,000 fine imposed to $15,000.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 05/13/02 | |
| Herschel Edwin Luna v. Gaf Fiberglass Corporation,
M2001-01155-WC-R3-CV
In this appeal, the employer insists (1) the claim is barred by Tenn. Code Ann. _ 5-6-23 and (2) the trial court's award of permanent partial disability benefits based on 1 percent hearing loss is excessive. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Carol Soloman, Judge |
Davidson County | Workers Compensation Panel | 05/13/02 | |
| John Marshall v. Sverdrup Technologies, Inc.
M2000-02951-WC-R3-CV
The employer appeals an award of permanent total disability benefits to age 65, and the Second Injury Fund appeals the apportionment of liability for 3 percent of the benefits to the Fund. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Jeffrey Stewart, Chancellor |
Marshall County | Workers Compensation Panel | 05/13/02 | |
| E2001-02926-COA-R3-CV
E2001-02926-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 05/13/02 | |
| Durnelco, Inc. vs. Double James
E2001-02010-COA-R3-CV
This case involves the interpretation of a commercial lease agreement. The tenant, Durnelco, Inc. ("Durnelco"), filed a complaint for declaratory judgment, seeking a declaration that it properly terminated the lease agreement on July 31, 2000. Durnelco also asked that it be permitted to remove, at its expense, certain improvements made by it to the leasehold premises, including some flooring, walls, doors, windows, bathroom fixtures, and exterior decking. The present landlord, Double James, LLC ("Double James"), answered and filed a counterclaim asserting that Durnelco had breached the lease and had refused to surrender possession of the premises. It sought damages as a result of Durnelco's alleged holdover tenancy. The trial court allowed Durnelco to remove only two signs and certain light fixtures. The court awarded Double James $7,000 in rent for the period of July through December, 2000. Durnelco appeals. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 05/13/02 | |
| In Re: Madelanie Redman, Ray & Martha Bowen v. Nathan Redman
E2001-02730-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Kindall T. Lawson |
Hawkins County | Court of Appeals | 05/13/02 | |
| In Re: Mackenzie J. Marlowe, Gregory Marlowe v. Stacy
E2002-00105-COA-R3-JV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John W. Walton |
Unicoi County | Court of Appeals | 05/13/02 | |
| William J. Vincent v. Reid Troutman, Executor, Et Al.
2001-03035-COA-R3-CV
Originating Judge:Billy Joe White |
Campbell County | Court of Appeals | 05/13/02 | |
| In Re: Madelanie Redman, Ray & Martha Bowen v. Nathan Redman
E2001-02730-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Hawkins County | Court of Appeals | 05/13/02 | |
| Donald R. Moore v. L and D Transportation
E2000-02779-WC-R3-CV
The trial court found the plaintiff had suffered a compensable back injury and awarded 35 percent permanent partial disability. The plaintiff has three prior awards of workers' compensation benefits beginning in 1975 with an award of 7 percent for an injury to his left hand, which translates into 2.625 percent to the body as a whole, and, for back injuries, an award in 198 of 25 percent to the body as a whole and in 1998, an award of 59.718 percent to the body as a whole from the State of Kentucky. The trial court apportioned 12.657 percent to the defendant and the balance to the Second Injury Fund. The employer questions whether the evidence supports a finding that the plaintiff suffered a work-related injury resulting in 35 percent disability. The plaintiff appeals and argues he is permanently and totally disabled. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:John F. Weaver, Chancellor |
Moore County | Workers Compensation Panel | 05/13/02 | |
| April Grant Ingle vs. Robert Wayne Ingle
E2001-02802-COA-R3-CV
This is a post-divorce case. The parties were divorced in 1998. On September 21, 2000, April Grant Ingle ("Mother") filed a petition to modify the parties' divorce judgment. She alleged that Robert Wayne Ingle ("Father") had been unemployed at the time of the divorce, and, consequently, was not ordered to pay child support. She further alleged that he had subsequently become employed and that he should now be ordered to pay child support computed pursuant to the Tennessee Child Support Guidelines ("the Guidelines"). Mother also sought to modify Father's visitation as set forth in the divorce judgment. After comparing the parties' respective incomes, the trial court ordered Father to pay child support of $177 per month. Mother appeals. We vacate the trial court's child support award and the effective date of that award. The remainder of the trial court's order is affirmed. This case is remanded to the trial court for such additional proceedings as may be necessary and for the entry of an order consistent with this opinion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 05/13/02 | |
| John Sicard vs. Leon Williams, Inc.
E2001-02928-COA-R3-CV
The Trial Court awarded plaintiff commission under Agreement between the parties. On appeal, we reverse on grounds that plaintiff's misrepresentation in procuring a contract with a third party, denied his contractual right to the commission.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 05/13/02 | |
| State of Tennessee v. Kenneth Javon Bills
W2001-00396-CCA-R3-CD
The Defendant, Kenneth Javon Bills, was convicted by a jury of attempted second degree murder and aggravated assault. He was sentenced as a Range I standard offender to ten years for the attempted murder and four years for the aggravated assault, to be served concurrently in the Department of Correction. In this direct appeal, the Defendant raises the following issues: (1) whether the evidence is sufficient to sustain his convictions; (2) whether double jeopardy principles require dismissal of his aggravated assault conviction; (3) whether the trial court erred by admitting certain rap lyrics authored by the Defendant; and (4) whether his sentence is excessive. Finding that double jeopardy principles prohibit the Defendant's dual convictions, we reverse and dismiss the Defendant's conviction for aggravated assault. In all other respects, we affirm the trial court's judgment.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 05/10/02 | |
| Michele Renee Smith v. Cookeville Regional Medical
M2001-00982-WC-R3-CV
The defendant appeals the judgment of the trial court finding that the employee, an ICU nurse: 1) suffered a back injury while caring for a patient that aggravated her pre-existing back condition; 2) gave proper notice of her injury under the circumstances; and 3) sustained a 17% anatomical impairment and 37% permanent partial disability to the body as a whole. We hold that the evidence does not preponderate against the trial court's findings. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: James L. Weatherford, Sr. J.
Originating Judge:John J. Madduxjudge |
Smith County | Workers Compensation Panel | 05/10/02 | |
| Lindell Hollingsworth v. S & W Pallet
W1998-00857-SC-WCM-CV
In this workers' compensation action involving the Second Injury Fund, the employee has suffered two disabling heart attacks. The first was non-compensable; the trial court found the second compensable and awarded permanent and total disability benefits, with 4 percent of the disability allocated to the second heart attack. The court held that the Second Injury Fund would have been responsible for the remaining 6 percent of benefits, but the statute of limitations barred recovery against the Fund. The Special Workers' Compensation Appeals Panel affirmed the trial court's award of permanent total disability but held the employer liable for 1 percent of the benefit award. We granted a motion for review before the entire Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(5)(B) (1997). Primarily, we are asked to determine whether an employer's allegations of a pre-existing condition covered by the Second Injury Fund statute should be treated as an affirmative defense that is waived if not timely raised. We hold that the employer is not barred from attributing liability to the Fund after the running of the statute of limitations. Additionally, the employee asserts that the trial court erred in attributing 4 percent disability, rather than 1 percent, to the second heart attack. We hold that the evidence supports a finding that the second injury resulted in 4 percent disability. In regard to all remaining issues, we adopt the memorandum opinion of the Special Workers' Compensation Appeals Panel affirming the award of permanent total disability and remanding the cause for determination of temporary total disability.
Authoring Judge: Adolpho A. Birch, Jr., J.
Originating Judge:Julian P. Guinn, Judge |
Benton County | Workers Compensation Panel | 05/10/02 | |
| Brendi Kaplan v. John A. Bugalla
M2003-01012-COA-R3-CV
This case involves a petition to modify child support. By court approved Marital Dissolution Agreement executed May 10, 2002, child support payable by the father was set at $4,000 per month. At the time of the agreement and divorce decree father was earning in excess of $20,000 per month. The parties did not appeal the May 10, 2002 judgment, but on September 4, 2002 the mother filed a petition to increase child support in order to accommodate attendance of the two children to private school. The trial judge denied the petition. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 05/10/02 | |
| Robert L. Freeman v. State of Tennessee
M2000-00904-CCA-R3-PC
The petitioner originally pled guilty pursuant to a negotiated plea agreement to one count of aggravated assault for an agreed eight-year sentence as a Range II multiple offender. He timely sought post-conviction relief, which was denied by the post-conviction court. In this appeal, the petitioner contends his trial counsel was ineffective, and his guilty plea was involuntary. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 05/10/02 |