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Forbes vs. Wilson Co. Emergency 01A01-9602-CH-00089 Trial Court Judge: C. K. Smith	Wilson	Court of Appeals	09/13/96
Forbes vs. Wilson Co. Emergency 01A01-9602-CH-00089	Wilson	Court of Appeals	09/13/96
02A01-9507-CH-00154 02A01-9507-CH-00154 Trial Court Judge: D. J. Alissandratos	Shelby	Court of Appeals	09/13/96
02A01-9508-CH-00164 02A01-9508-CH-00164 Trial Court Judge: C. Neal Small	Shelby	Court of Appeals	09/13/96
02A01-9510-CV-00217 02A01-9510-CV-00217 Trial Court Judge: D'Army Bailey	Shelby	Court of Appeals	09/13/96
02A01-9504-CV-00068 02A01-9504-CV-00068 Trial Court Judge: James T. Allison	Shelby	Court of Appeals	09/13/96
02A01-9505-CH-00104 02A01-9505-CH-00104		Court of Appeals	09/13/96
02A01-9504-CV-00095 02A01-9504-CV-00095 Trial Court Judge: D'Army Bailey	Shelby	Court of Appeals	09/12/96
02A01-9506-CH-00128 02A01-9506-CH-00128 Trial Court Judge: George R. Ellis	Gibson	Court of Appeals	09/12/96
01A01-9601-CV-00038 01A01-9601-CV-00038 Trial Court Judge: Thomas Goodall	Sumner	Court of Appeals	09/11/96
01A01-9601-CV-00038 01A01-9601-CV-00038		Court of Appeals	09/11/96
01A01-9602-CV-00078 01A01-9602-CV-00078 Trial Court Judge: Donald P. Harris	Williamson	Court of Appeals	09/11/96
01A01-9511-CH-00501 01A01-9511-CH-00501 Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	09/11/96
01A01-9603-CH-00125 01A01-9603-CH-00125 Trial Court Judge: Henry Denmark Bell	Williamson	Court of Appeals	09/11/96
02A01-9504-CH-00080 02A01-9504-CH-00080 Trial Court Judge: D. J. Alissandratos	Shelby	Court of Appeals	09/11/96
Eldred L. Reid v. Jerry Stover and Charles Noles 02A01-9601-CV-00016 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Judge Joe G. Riley. Jr. Plaintiff, Eldred Reid, is a prisoner currently incarcerated at the Northwest 2 Correctional Center in Tiptonville, Tennessee. Plaintiff brought this suit under 42 U.S.C. § 1983, alleging that various officials at the correctional center violated his constitutional rights.	Lake	Court of Appeals	09/09/96
Harold Wayne Gibson, and wife, Sylvia Gibson, v. Kit G. McGlothlin, D/B/A Kit McGlothlin Builders, Inc., et al. 03A01-9601-CH-00019 Authoring Judge: Senior Judge William H. Inman This is an action for damages for breach of a construction contract and of an implied warranty of good workmanship and materials and for negligent construction.	Sullivan	Court of Appeals	09/09/96
Herman Davis and wife, Darnell Davis, v. Paul A. Hatcher, Sr., M.D. 03A01-9601-CV-00016 Trial Court Judge: Senior Judge William H. Inman This malpractice action was dismissed on motion for summary judgment. It arose from a routine prostate resection which went awry, resulting in adverse consequences to the plaintiff. A device referred to as a resectoscope manufactured by the Circon ACMI Ohio Manufacturing Company,1 malfunctioned while being used by and under the control of the defendant, Dr. Paul Hatcher [hereafter, the “defendant”]. It is not disputed that a portion of the penis of the plaintiff, Herman Davis [hereafter, “plaintiff”], was either chemically, thermally or electrically burned away, with disastrous results unnecessary here to be recounted.	Knox	Court of Appeals	09/09/96
Herman Davis and wife, Darnell Davis, v. Paul A. Hatcher, Sr., M.D. 03A01-9601-CV-00016 Authoring Judge: Senior Judge William H. Inman This malpractice action was dismissed on motion for summary judgment. It arose from a routine prostate resection which went awry, resulting in adverse consequences to the plaintiff. A device referred to as a resectoscope manufactured by the Circon ACMI Ohio Manufacturing Company,1 malfunctioned while being used by and under the control of the defendant, Dr. Paul Hatcher [hereafter, the “defendant”]. It is not disputed that a portion of the penis of the plaintiff, Herman Davis [hereafter, “plaintiff”], was either chemically, thermally or electrically burned away, with disastrous results unnecessary here to be recounted.	Knox	Court of Appeals	09/09/96
William Bland and Lena Bland, v. Allstate Insurance Company 02A01-9412-CV-00273 Authoring Judge: Judge Holly Kirby Lillard Trial Court Judge: Judge Robert A. Lanier This is a suit brought by William Bland (Bland) against Allstate Insurance Company (Allstate) for breach of contract for failure to pay a claim under his homeowner’s insurance policy. At trial, the jury found for Bland and awarded him damages under the insurance contract for the loss of his home and its contents due to a fire. Allstate argued at trial that material misrepresentations on the application, as a matter of law, warranted Allstate’s decision to void Bland’s policy ab initio. Allstate appeals the denial of its motion for directed verdict and alleges error in a number of the jury instructions. We affirm the trial court.	Shelby	Court of Appeals	09/09/96
Henry County Medical Center, v. Henry Gronski, M.D. 02A01-9412-CV-00279 Authoring Judge: Judge Holly Kirby Lillard Trial Court Judge: Judge C. Creed Mcginley This is a breach of contract action brought by Henry County Medical Center (HCMC) against Henry Gronski, M.D. (Gronski). In response, Gronski admitted the amounts owed to HCMC under the contract but claimed that he was owed a larger amount as set-off. The trial court awarded HCMC a judgment of $44,900.40 on the contract and awarded Gronski $56,204 as set-off. The court also ordered HCMC to pay Gronski's attorney's fees and accountant fees. HCMC appeals the court’s award of set-off to Gronski as well as the award of attorney’s and accountant fees. We affirm the trial court on all issues.	Henry	Court of Appeals	09/09/96
Joseph Tyree Glanton, v. Brenda Richardson Glanton (Cherry) 01A01-9601-PB-00013 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge Marietta M. Shipley This appeal involves a post-divorce contempt proceeding. The appellant, Mrs. Brenda Cherry, filed an unverified complaint in the Probate Court for Davidson County seeking to recover unpaid child support from her former husband, Mr. Songoleke Kurante Kotunu (formerly Joseph Tyree Glanton). Mr. Kotunu filed a Motion to Dismiss arguing the Complaint was defective since Mrs. Cherry had not verified it. The probate court agreed with Mr. Kotunu, and dismissed Mrs. Cherry’s suit. The court also awarded Mr. Kotunu his attorneys fees. Mrs. Cherry asserts on appeal that the probate court erred by requiring her to have verified her complaint, and in granting Mr. Kotunu’s attorneys fees. We partially disagree with Mrs. Cherry, and therefore affirm the probate court in part.	Davidson	Court of Appeals	09/06/96
Douglas E. Samuelson, as the Natural Father and Personal Representative of Kevin L. Samuelson, v. Cecil E. McMurtry, M.D., et al. 01A01-9602-CV-00060 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge Thomas W. Brothers In this wrongful death case we have determined that when the plaintiffappellant accepted a jury verdict finding the decedent was forty-nine percent at fault, that finding became binding in the appeal of the trial judge’s action in dismissing another defendant on the day of the trial. We, therefore, pretermit the issues raised by the appellant and affirm the judgment below.	Davidson	Court of Appeals	09/06/96
Douglas E. Samuelson and Kevin L. Samuelson v.Cecil E. McMurtry, M.D., et. al. - Dissenting 01-A-01-9602-CV-00060 Authoring Judge: Judge William C. Koch, Jr. This appeal involves one of the central principles of our comparative fault system - that all persons involved in an occurrence giving rise to injury or damages should have their rights and liabilities determined in one action. Douglas Samuelson perfected this appeal solely to obtain appellate review of the summary dismissal of his malpractice claim against one of several defendants on the day of trial. Rather than deciding this question, the majority has decided that the jury’s verdict with regard to the remaining parties somehow forecloses Mr. Samuelson from ever obtaining relief from the defendant who was removed from the case even before the trial started. I cannot agree with this decision.	Davidson	Court of Appeals	09/06/96
Allen E. Cole, v. Tennessee Board of Paroles 01A01-9605-CH-00216 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Chancellor Robert S. Brandt This is an appeal by petitioner, Allen B. Cole, from the judgment of the Chancery Court of Davidson County granting the motion to dismiss of respondent, the Tennessee Board of Paroles ("the Board").	Davidson	Court of Appeals	09/06/96