COURT OF APPEALS OPINIONS

Ferrell vs. McCrae, Jr.
01A01-9703-CV-00100
Trial Court Judge: Walter C. Kurtz

Demontbreun vs. Demontbreun
01A01-9703-GS-00129
Trial Court Judge: Barry R. Brown

Maynord vs. Norris
01A01-9704-CV-00179
Trial Court Judge: John J. Maddux

Rasmussen vs. Rasmussen
01A01-9705-CH-00211

Darrell Turner v. Brian W. Skelly
01A01-9708-CV-00376
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas Goodall

The plaintiff, Darrell Turner, has appealed from a jury verdict and judgment dismissing his suit against the defendant, Brian W. Skelly for personal injuries sustained when the right rear view mirror of a pick-up truck operated by defendant, Brian w. Skelly, struck plaintiff’s left elbow as he walked on the right edge of the road at 8:30 p.m. after dark.

Brumit vs. Summar
01A01-9703-CV-00109
Trial Court Judge: Don R. Ash

Richardson vs. Richardson
01A01-9704-CH-00169
Trial Court Judge: Tyrus H. Cobb

Mulle vs. Yount
01A01-9704-CV-00161
Trial Court Judge: Muriel Robinson

Mulle vs. Yount
01A01-9704-CV-00161
Trial Court Judge: Muriel Robinson

Rasmussen vs. Rasmussen
01A01-9705-CH-00211
Trial Court Judge: Alex W. Darnell

Robin vs. Seaton
03A01-9704-CH-00146
Trial Court Judge: Chester S. Rainwater

Newton vs. Tinsley
03A01-9706-CV-00204
Trial Court Judge: Harold Wimberly

McManamay vs. McManamay
01A01-9802-CH-00081

Watson vs. Ameredes
03A01-9704-CV-00129
Trial Court Judge: John B. Hagler, Jr.

Terri Demilt vs. Methodist Hosp., et al
02A01-9611-CV-00283
Trial Court Judge: George H. Brown

Suzanne Gibson vs. James Prokell
02A01-9701-CH-00006
Trial Court Judge: C. Neal Small

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Thurman vs. Thurman
03A01-9707-CH-00261

Oneida vs. Oneida
03A01-9707-CH-00264

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

Gloria E. Hill-Evans v. Bredell Michael Evans, Sr.
02A01-9607-CV-00157
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown, Jr.

In this divorce action brought by Gloria E. Hill-Evans (Mother) against Bredell Michael Evans, Sr. (Father), the trial court awarded custody of the parties’ two minor sons to Mother with Father to have reasonable visitation. However, the trial court’s decree further provided that visitation be suspended “until both of the parties and the children have completed a counseling program which is satisfactory to the court, and the court has been furnished a report that the counseling course has been successfully completed. When the counseling process has been successfully completed, the court will consider the defendant’s visitation rights.”

Wade Spurling D.C. v. Kirby Parkway Chiropractic, et al
02A01-9609-CH-00225
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor D. J. Alissandratos

The plaintiff, Wade Spurling, D.C., appeals from the order of the trial court granting the defendants’ motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12.02(6) T.R.C.P. Spurling filed a complaint titled “Complaint For Deceit in Inducement to Contract, Promissory Fraud, Fraud, Intentional Interference With Performance ofContractual Obligations and Breach of Contract.” The complaint alleges that Plaintiff owned and operated Spurling Chiropractic Clinic (SCC). He entered into negotiations with Defendant Michael K. Plambeck (Plambeck) for Plambeck to purchase SCC.

James Walter Dellinger, v. The Arnold Engineering Company and Lumbermens Mutual Casualty Company, Larry Brinton, Jr., Director of the Second Injury Fund
03S01-9703-CV-00033
Authoring Judge: Special Judge Roger E. Thayer
Trial Court Judge: Judge William R. Holt, Jr.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Robert W. Bagby, v. Dean Russell Carricco
03A01-9705-CV-00183
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor G. Richard Johnson

In this case, the plaintiff claims that the defendant made an intentional misrepresentation in connection with the sale of a tract of unimproved real property. Following a bench trial, the court found that the defendant, Dean Russell Carrico (“Carrico”), had fraudulently misrepresented a material fact, resulting in a judgment of $21,911.97 for the plaintiff, Dr. Robert W. Bagby (“Bagby”). The trial court also found that Carrico’s conduct violated the Tennessee Consumer Protection Act of 1977, T.C.A. § 47-18-101, et seq. (“the Act”). Carrico appealed, raising three issues that present the following questions for our review:

C. Sam Roberts v. James E. Houston
03A01-9706-CH-00199
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Billy Joe White

Plaintiff brought this action against defendant and his wife, Diane, alleging that defendant “entered into agreement with plaintiff for plaintiff to grade and excavate . . . in order to make said land usable”. Plaintiff further averred that he expended over $29,000.00 for heavy equipment and operators on excavation, and “purchased and installed piping at the cost of $3,604.00, for a total due in the amount of $33,530.09".