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Richard Deberry vs. Lexington Electric System, et al 02A01-9610-CV-00257 Trial Court Judge: Charles O. Mcpherson	Henderson	Court of Appeals	09/15/97
W.J. Gray vs. State of TN 02A01-9703-BC-00055		Court of Appeals	09/15/97
Timothy v. Potter, Dickson, Tennessee, For Appellant, J.M.S. 01-98-001-CC Trial Court Judge: A. Andrew Jackson	Dickson	Court of Appeals	09/12/97
Jerel Hughes v. Dept. of Correction M2001-00074-COA-R3-CV Authoring Judge: Presiding Judge Patricia J. Cottrell Trial Court Judge: Ellen Hobbs Lyle Petitioner, a state inmate, filed the underlying action seeking review of actions taken by the Tennessee Department of Correction and the Tennessee Board of Probation and Parole, including the decision of the Board to deny parole and set the next parole hearing two years later. Petitioner had been convicted of an additional felony while on parole from a previous felony conviction. The trial court dismissed the petition for failure to state a claim under Tenn. R. Civ. P. 12.02(6). For the reasons set forth below, we affirm the decision of the trial court.	Davidson	Court of Appeals	09/10/97
James Lowery, et al vs. Gary & Emily Franks 02A01-9612-CV-00304 Trial Court Judge: John Franklin Murchison	Madison	Court of Appeals	09/10/97
Randall E. Deskins, et ux., v. Beulah M. Williams 03A01-9701-CV-00023 Authoring Judge: Presiding Judge Houston M. Goddard Trial Court Judge: Judge Rex Henry Ogle Randall E. Desksins and his wife Thelma Jean Deskins, appeal a judgment of the Circuit Court for Sevier County, entered pursuant to a juryverdict, which dismissed their claim against Beulah M. Williams for personal injuries suffered by Mr. Deskins and loss of consortium and services by Mrs. Deskins, resulting from an automobile accident occurring on June 3, 1989. Mr. Deskins also appeals a judgmentin favor of the original Defendant and Counter-Plaintiff, Beulah M. Williams.	Sevier	Court of Appeals	09/09/97
Gloria Spivey, et al vs. James Robinson, et al 02A01-9704-CV-00075 Trial Court Judge: William B. Acree	Shelby	Court of Appeals	09/09/97
Coy Hardaway, et al vs. William Burnett 02A01-9508-CH-00179 Trial Court Judge: D. J. Alissandratos	Shelby	Court of Appeals	09/08/97
David Neal, et ux vs. Keith Boggs, et al 02A01-9612-CV-00305 Trial Court Judge: Dick Jerman, Jr.	Gibson	Court of Appeals	09/08/97
Eileen Smith vs. Shelby Co. Government 02A01-9701-CH-00024 Trial Court Judge: C. Neal Small	Shelby	Court of Appeals	09/08/97
Robert Mabon, et al vs. Jackson-Madison Gen. Hosp., et al 02A01-9702-CV-00039 Trial Court Judge: Whit A. Lafon	Madison	Court of Appeals	09/08/97
02A01-0611-CV-00279 02A01-0611-CV-00279 Trial Court Judge: Wyeth Chandler	Shelby	Court of Appeals	09/08/97
James Chase, Jr., v. Physiotherapy Associates, Inc., F. Wiliam Hackmeyer, Jr., and Everett P. Hailey 02A01-9607-CV-00171 Authoring Judge: Presiding Judge W. Frank Crawford Trial Court Judge: Judge D'Army Bailey This is premises liability suit. Plaintiff, James Chase, Jr. (Chase), appeals the trial court’s entry of a judgment on the jury verdict finding that the defendants, F. William Hackmeyer, Jr. 2 and Everett P. Hailey, were 50% negligent and that Chase was 50% negligent, therefore barring Chase’s recovery.	Shelby	Court of Appeals	09/05/97
Dorothy R. W. Barham v. Diane W. Cooper 02A01-9608-CH-00200 Authoring Judge: Presiding Judge W. Frank Crawford Trial Court Judge: Chancellor D. J. Alissandratos This case involves a complaint for an accounting and injunctive relief. Plaintiff, Dorothy R. W. Barham, appeals the order of the trial court affirming the report of the Special Master in favor of defendant, Diane W. Cooper.	Shelby	Court of Appeals	09/05/97
Mary Ann Umstot v. Edward Shirer Umstot 02A01-9701-CV-00008 Authoring Judge: Presiding Judge W. Frank Crawford Trial Court Judge: Judge Karen R. Williams This is a divorce case. Edward Shirer Umstot (Husband) appeals the order of the trial court awarding a divorce, alimony in solido, and child support to Mary Ann Umstot (Wife). 1 At the time of the divorce, one of the children was eighteen years old and the other child was fifteen years old. 2 Wife’s expert, who valued the plan, testified that a defined benefit plan is a plan in which a benefit is accumulated during one’s working years or tenure with a particular employer that will ultimately be paid out upon retirement or the attainment of so many years of service or a certain age. 3 The trial court accepted the lower value because the parties testified that the property occasionally floods. 2 The parties were married on August 16, 1977 and had two children during the marriage.1 At the time of the divorce, Wife was 52 years old, and Husband was 53 years old. Husband is in good health, but Wife was recently diagnosed with malignant melanoma. She testified that she has a 40% chance of living another five years.	Shelby	Court of Appeals	09/05/97
Mary Ann Umstot v. Edward Shirer Umstot - Dissenting/Concurring 02A01-9701-CV-00008 Authoring Judge: Judge David G. Hayes I respectfully dissent from that portion of the majority's opinion which concludes that the trial court's award of alimony in solido was excessive. As noted by the majority, the trial court's order awarded 58% of the marital estate to the wife and 42% percent of the marital estate to the husband. This court's ruling, in its attempt to achieve “a more equitable division," awards 51% of the marital estate to the wife and 49% percent to the husband.		Court of Appeals	09/05/97
William J. Chase, Yr., as Administrator C.T.A of the Estate of Betty Lou Stidham, Deceased, v. The City of Memphis, Tennessee 02A01-211-CV-00327 Authoring Judge: Presiding Judge W. Frank Crawford Trial Court Judge: Judge James E. Swearengen This appeal involves a suit for wrongful death based on negligence under the Tennessee governmental Tort Liability Act, T.C.A. § 29-20-101 et seq. (1980) and for wrongful death based on the creation of a special relationship and a nuisance. Defendant, the City of Memphis, 2 appeals from the trial court’s judgment in favor of plaintiff, William J. Chase, as Administrator C.T.A. of the Estate of Betty Lou Stidham. The trial court, sitting without a jury, found that plaintiff’s damages totaled $1,897,713.03, and that the City’s negligence caused 40 percent of those damages. However, because of the application of the Tennessee Governmental Tort Liability Act (hereinafter the Act), the court limited plaintiff’s recovery to $130,000.00, and entered a judgment in that amount.	Shelby	Court of Appeals	09/05/97
Ronald Hayes vs. John Doe and Shelter Insurance Company - Concurring 02A01-9610-CV-00251 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Judge George H. Brown, Jr. In this automobile accident case, Roland Hayes (“Plaintiff”) filed suit against John Doe (“Doe”) for damages sustained when Plaintiff was forced to drive off the road into a tree in order to avoid a head-on collision with Doe’s vehicle. Plaintiff filed a second suit against Shelter Insurance Company (“Defendant”) for Defendant’s alleged bad faith failure to pay Plaintiff’s uninsured motorist claim under the insurance contract existing between Plaintiff and Defendant. The trial court later consolidated Plaintiff’s negligence suit against Doe with Plaintiff’s bad faith suit against the Defendant. After the parties stipulated that the Defendant paid Plaintiff $11,262.89 prior to trial and after the jury returned a verdict of $2,337 in favor of Plaintiff on Plaintiff’s negligence claim against Doe, the trial court held that Plaintiff should recover nothing from the Defendant in accordance with the jury’s verdict. Plaintiff appeals the judgment of the trial court arguing that the trial court erred in consolidating Plaintiff’s negligence action against Doe with Plaintiff’s bad faith action against the Defendant and in refusing to grant Plaintiff an additur or a new trial. For the reasons stated hereafter, we affirm the judgment of the trial court.	Shelby	Court of Appeals	09/04/97
Myrtle Mae Daly Brown v. Norma Jean Belton Daly 02A01-9611-CH-00275 Authoring Judge: Judge David R. Farmer Trial Court Judge: Special Chancellor John C. Robertson This appeal concerns a suit for partition and sale of real property. In June 1989, Myrtle Mae Daly Brown, Willie Myrle Daly Cruse, Mary Elizabeth Daly Wolfe and T. J. Ward filed suit against Norma Jean Belton Daly, Appellee, claiming that they each own an undivided one-fifth interest in property, identified as 700 Reed Hooker Road, as the children and surviving heirs of Earl J. Daly (hereinafter “Father”) who died on August 7, 1966.1 They further asserted that Appellee is the rightful owner of the remaining one-fifth interest as the widow and will beneficiary of Earl W. Daly (hereinafter “Son”), their brother, who died in August 1988. Appellee filed a counter-claim contending that Son solely owned the property at the time of his death and that as the land passed to her under the terms of his will, she is the lawful owner in fee simple. Appellee asserted that Son acquired the entire property either by prescription or by transfer of equitable title from Father to Son based on a contract to purchase. Appellee also relied upon the defense of laches.	Shelby	Court of Appeals	09/04/97
01A01-9702-CV-00069 01A01-9702-CV-00069 Trial Court Judge: Walter C. Kurtz	Davidson	Court of Appeals	08/29/97
01A01-9702-CV-00069 01A01-9702-CV-00069		Court of Appeals	08/29/97
01A01-9610-CV-00491 01A01-9610-CV-00491 Trial Court Judge: Don R. Ash	Rutherford	Court of Appeals	08/29/97
01A01-9610-JV-00469 01A01-9610-JV-00469 Trial Court Judge: Andrew J. Shookhoff	Davidson	Court of Appeals	08/29/97
01A01-9611-CH-00530 01A01-9611-CH-00530 Trial Court Judge: Robert S. Brandt	Davidson	Court of Appeals	08/29/97
01A01-9612-CH-00540 01A01-9612-CH-00540 Trial Court Judge: Robert E. Burch	Humphreys	Court of Appeals	08/29/97