COURT OF APPEALS OPINIONS

Hall vs. Pippin & Delaney
01A01-9609-CH-00439

Crye-Leike Realtors vs. WDM
02A01-9711-CH-00287
Trial Court Judge: D. J. Alissandratos

Dorothy Lewis vs. Julie Donoho
02A01-9708-CV-00201
Trial Court Judge: Jon Kerry Blackwood

03A01-9708-CH-00431
03A01-9708-CH-00431

James Carroll vs. Carolyn Whitney
02A01-9707-CV-00162
Trial Court Judge: Janice M. Holder

Vickie Lewis v. Otis Campbell & Robert Dinwiddie
M2000-03092-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Charles D. Haston, Sr.
This case involves allegations of medical malpractice and misrepresentation. In September 1998, the plaintiff patient began visiting the office of the defendant physician for medical treatment. In February or March 1999, the patient discovered that the person treating her was not the defendant physician. In June 1999, the patient discovered that the person treating her was a pharmacist. In April 2000, the plaintiff patient filed a lawsuit against the physician and the pharmacist, asserting medical malpractice and misrepresentation. The trial court granted summary judgment to the defendants based on the one-year statute of limitations. The plaintiff now appeals. We affirm, finding that plaintiff had sufficient knowledge in February or March 1999 to put her on notice of her cause of action, and, consequently, her April 2000 lawsuit was barred by the statute of limitations.

Miller vs. Miller
M1999-00226-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Thomas Goodall

Peggy Arnold vs. Dehoney Inter.
02A01-9803-CV-00075
Trial Court Judge: Kay S. Robilio

Stroud vs. Seaton
03A01-9802-CV-00060

Charles Haynes vs. Robert Conley
02A01-9803-CH-00066
Trial Court Judge: Joseph H. Walker, III

Godwin Aircraft vs. Wayne Walker
02A01-9708-CV-00187
Trial Court Judge: Karen R. Williams

Donegan vs. Donegan
01A01-9709-CH-00469
Trial Court Judge: James L. Weatherford

Gleaves vs. Checker Cab Transit & Mosley
01A01-9710-CV-00577
Trial Court Judge: Hamilton V. Gayden, Jr.

Keown vs. Fiddler's Inn, d/b/a: Fiddler's Inn North
01A01-9712-CV-00730
Trial Court Judge: Barbara N. Haynes

Scott Grahm Hartman, Kay Hartman, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, State of Tennessee, et. al .
01A01-9804-BC-00196
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Commission W.R. Baker

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Scott Graham Hartman, Kay Hartment, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, and The State of Tennessee
01A01-9804-BC-00196
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Commissioner W. R. Baker

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Brown vs. McMullin, et. al.
01A01-9710-CH-00561
Trial Court Judge: James L. Weatherford

Margaret Haas vs. Michael Haas
02A01-9709-CV-00241
Trial Court Judge: James E. Swearengen

Dorothy Ahern vs. Robert Ahern
02A01-9708-CV-00190
Trial Court Judge: D'Army Bailey

Adolph C. Lavin and Jean Lavin, surviving parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estate of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon
01A01-9709-CV-00455
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Adolph C. Lavin and Jean Lavin, Surviving Parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estated of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon
01A01-9709-CV-00455
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara Haynes

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Edith Stromatt, v. The Metropolitan Employee Benefit Board of the Metropolitan Government of Nashville and Davidson County, Tennessee
01A01-9707-CH-00354
Authoring Judge: Special Judge Walter W. Bussart
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The appellant in this action is Edith Stromatt, a former employee of the Metropolitan Government of Nashville, Tennessee. When Ms. Stromatt sought disability with the Metropolitan Employee Benefit Board ("the Benefit Board"), she was granted a medical disability pension; however, she was denied the inline- of-duty pension (IOD) that she desired. Ms. Stromatt brought suit in chancery court claiming that the Benefit Board erred in its failure to grant her an IOD pension. She also claims that the Benefit Board denied her the constitutional right to be heard prior to its decision. The trial court agreed with the conclusions of the Benefit Board and dismissed Ms. Stromatt's appeal.

Jennifer O. Wilson (Oakley), v. Larry Arnold Wilson
01A01-9707-CV-00325
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

In a documentary on how to complicate a simple divorce, this case would serve as a highlight film. After the trial court finally entered a final judgment, the parties on appeal argue about the trial judge’s refusal to recuse herself, a pre-nuptial agreement, the division of marital property, the award of attorney’s fees, and certain injunctions involving the custody and visitation with the parties’ minor child. We modify the judgment to give Dr. Oakley a $2,000 credit for her separate property awarded to Mr. Wilson and to make the judgment for attorney’s fees run to Mr. Wilson instead of his lawyer. In all other respects we affirm the judgment below.

Williamson County Broadcasting Company, Inc., and William B. Ornes, v. Intermedia Partners, et al.
01A01-9709-CH-00480
Authoring Judge: Presiding Judge Henry F. Todd

The appellants and appellees have both filed a Petition to Rehear, which we have considered and found to be without merit. It is, therefore, ordered that the petitions be denied.

Fred E. Dean v. Donal Campbell, et al.
01A01-9711-CH-00672
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This case comes to us on appeal from an order dismissing Appellant Dean’s complaint against Appellees, filed apparently under the auspices of 42 U.S.C. § 1983 et seq., alleging violation of civil rights under the color of state authority. The trial court dismissed Mr. Dean’s complaint for failure to specify the capacity of the defendants being sued. For the reasons and under the authorities recited below, we affirm the trial court’s dismissal of Mr. Dean’s claim with prejudice.