| Phillip Ledford vs. Bradley Memorial Hospital
E2001-00291-COA-R3-CV
The plaintiffs, Phillip A. Ledford ("Ledford") and his wife, Elizabeth Ledford, filed suit against the defendants, Daniel V. Johnson, M.D., Bradley Memorial Hospital ("the Hospital"), and Southeast Tennessee Orthopedics, Inc. ("Southeast"), alleging medical malpractice arising out of surgery performed by Dr. Johnson on Ledford's broken arm. The trial court granted the defendants summary judgment. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 08/28/01 | |
| Patrick Reinshagen vs. PHP Companies, Inc.
E2001-00025-COA-R3-CV
In this action for breach of employment contract and defamation, the Trial Court granted summary judgment to defendants. Plaintiff appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 08/28/01 | |
| In Re: Estate of Lois Chandler
E2000-03055-COA-R3-CV
Buster Chandler, Jr. ("Chandler") was appointed administrator of the estate of his mother, Lois Chandler, who died intestate in 1998. Chandler is incarcerated in Kentucky for a murder he committed in 1990. Chandler requested the Chancery Court arrange for his transportation from prison in Kentucky to Knoxville, Tennessee, so he could be present for the hearing regarding the closing of his mother's estate and so he could meet with the Knox County Attorney General regarding his murder conviction in Kentucky. Chandler argued that the Attorney General wanted to try him for the murder in Knoxville and would assist in obtaining a pardon from the governor of Kentucky. The Chancery Court denied his request, closed his mother's estate, and assessed court costs against Chandler as administrator. Chandler appeals. We affirm the Chancery Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/28/01 | |
| Southwest Williamson County Community Assoc. et al vs. Bruce Saltsman
M2001-00943-COA-R3-CV
Being dissatisfied with the State's concept of, and planning for, the extension of State Route 840 through southwest Williamson County, three residents in the County, two nonprofit corporations, and a partnership that owns property in the County, sued J. Bruce Saltsman, Sr. ("the Commissioner"), in his official capacity as Commissioner of the Tennessee Department of Transportation ("TDOT"). Following a bench trial, the court below entered a final judgment including (1) a writ of mandamus ordering the Commissioner to perform a number of "duties" in connection with Route 840; and (2) a permanent injunction enjoining him from moving forward with the planning and construction of Route 840 through Williamson County until he complies with the trial court's order. The Commissioner appeals. In addition to other bases for reversal, he asserts that the trial court lacked subject matter jurisdiction of this controversy. We agree with the appellant that the trial court was without subject matter jurisdiction. Accordingly, we reverse the judgment below in its entirety and dismiss the petition.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:J. Russ Heldman |
Williamson County | Court of Appeals | 08/28/01 | |
| State of Tennessee v. Eddie McNabb
M2000-01490-CCA-R3-CD
The defendant appeals from his maximum sentence of six (6) years for voluntary manslaughter and the trial court's imposition of consecutive sentences. After review, we hold that the trial court properly sentenced the defendant to six (6) years for the voluntary manslaughter conviction and correctly ordered the defendant's convictions for voluntary manslaughter and aggravated assault be served consecutive to one another. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Thomas W. Graham |
Marion County | Court of Criminal Appeals | 08/28/01 | |
| State of Tennessee v. Marcia Lynn Williams
M2000-02593-CCA-R3-CD
The appellant, Marcia Lynn Williams, entered a best interest guilty plea in the Circuit Court of Marshall County to one count of obtaining drugs by false pretense, a class D felony. Following a sentencing hearing, the trial court imposed a sentence of three years incarceration in the Tennessee Department of Correction. On appeal, the appellant argues that the trial court erred by denying the appellant a sentence in the community corrections program. After a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 08/28/01 | |
| State of Tennessee v. Robert Blanton, Jr. - Order
M2000-01899-CCA-R3-CD
The defendant, Robert Blanton, Jr., was indicted by the Montgomery County Grand Jury on June 6, 1995, on one count of sale of marijuana and one count of delivery of marijuana, both Class E felonies. The defendant pled guilty to the indictment, and the trial court sentenced the defendant to probation. An affidavit of violation of probation was filed on April 17, 1996, and amended on September 6, 1996.
Authoring Judge: Judge John Everett Williams
|
Montgomery County | Court of Criminal Appeals | 08/28/01 | |
| Sherry Lee Lightfoot v. Tommy Edwin Lightfoot
E2001-106-COA-R3-CV
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 08/28/01 | |
| In re: Estate of J. Crawford Murphy vs. Robert A. Murphy, et al.
E2001-01112-COA-R3-CV
In this case the Probate Court held that the personal representative of the Estate of Mae Thompson Murphy did not have authority to dissent from the will of her husband, J. Crawford Murphy, and thereby take an elective share of his estate. We find that T.C.A. 31-4-105 gives the personal representative this right and reverse the judgment of the trial court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jeffrey D. Rader |
Sevier County | Court of Appeals | 08/27/01 | |
| G. Kline Preston vs. Garrett Realty Service, Inc.
M2000-02350-COA-R3-CV
Davidson County -This matter comes to us on appeal from summary judgment granted due to Tennessee's lack of personal jurisdiction over Defendant. Plaintiff attempted to rent a condominium in Florida and sued Defendant in Tennessee for breach of contract after Defendant discovered a mistake in the quoted price and refused to rent the condo to Plaintiff for the quoted price. The circuit court determined that Tennessee had no personal jurisdiction over Defendant and dismissed the case. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 08/27/01 | |
| Tarrance Robinson vs. Neil Clement, et al
M2001-00365-COA-R3-CV
This appeal involves a state prisoner housed at the Riverbend Maximum Security Institution who was disciplined for possessing a deadly weapon. After exhausting his internal appeals, the prisoner filed a common-law writ of certiorari in the Chancery Court for Davidson County, alleging that the disciplinary proceedings had violated his due process rights. The trial court granted the State's motion to dismiss the petition. On this pro se appeal, the prisoner asserts that the trial court erred by dismissing his petition. We have determined that the prisoner's petition does not state a claim upon which relief can be granted and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/27/01 | |
| Philip Owens vs Bristol Motor Speedway, Inc.
E2000-02667-COA-R3-CV
In this putative class action suit, the plaintiff, Philip Owens, alleges that the defendant, Bristol Motor Speedway, Inc. ("Bristol Speedway"), engaged in a conspiracy to fix the prices of souvenirs sold at its racetrack. The trial court denied certification of the alleged class and granted Bristol Speedway's motion for summary judgment as to the plaintiff's individual claims. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/27/01 | |
| Jeanne Alice Gabel vs. Todd Edward Gabel
E2000-02585-COA-R3-CV
The trial court entered a default judgment against the defendant in this divorce case even though the defendant had filed an answer within the time frame set forth in Rule 12.01. We conclude that entry of the default judgment was not appropriate when the defendant timely filed an answer, and, therefore, vacate the judgment of the trial court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 08/27/01 | |
| Barbara Gaskins vs. Roger Gaskins
E2000-02915-COA-R3-CV
This appeal from the Circuit Court of Greene County questions whether the Trial Court erred in awarding Ms. Gaskins alimony for a seven year period. Mr. Gaskins appeals the decision of the Circuit Court of Greene County. We affirm the decision of the Trial Court as modified and remand for further proceedings consistent with this opinion. We adjudge costs of the appeal against the Appellant, Roger Arthur Gaskins, and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben K. Wexler |
Greene County | Court of Appeals | 08/27/01 | |
| State of Tennessee v. George E. Ratliff
E1999-01214-CCA-R3-CD
The defendant, George E. Ratliff, was convicted by a jury of rape of a child. In this consolidated appeal, Defendant alleges various errors by the trial court, challenges his sentence, and appeals the dismissal of his petition for writ of error coram nobis on the ground of untimely filing. After a review of the record and applicable law, we reverse the trial court's summary dismissal of the petition for writ of error coram nobis based on the recent decision of our supreme court in Workman v. State, 41 S.W.3d 100 (Tenn. 2001). We remand this matter to the trial court for a hearing on the merits of the petition for writ of error coram nobis. Pursuant to State v. Mixon, 983 S.W.2d 661 (Tenn. 1999), appellate proceedings on Defendant's appeal as of right from his conviction are stayed, pending the trial court's ruling on the error coram nobis petition.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 08/27/01 | |
| Howard Zoldessy vs. Ingrid Davis, et al
E2000-02526-COA-R3-CV
Upon the application of Howard Zoldessy, a temporary injunction was issued by the trial court against the defendants, Ingrid Davis and Arthur Davis. The Davises are the parents of Zoldessy's deceased wife and the grandparents of Zoldessy's daughter, Rachel. The injunction in question prohibits the defendants "from coming about [Howard Zoldessy] and his daughter, Rachel Zoldessy, or contacting him in any manner whatsoever." Following a bench trial, the trial court found that both defendants had committed willful criminal contempt by "coming about [Zoldessy's] residence on October 4, 1999." Each defendant was sentenced to 48 hours imprisonment for their contempt. Mr. Davis was also found in contempt for sending letters to Zoldessy and was sentenced to an additional term of imprisonment of 48 hours. The defendants appeal the trial court's findings of contempt, as well as the sentences imposed. We affirm the finding of contempt as to the letters sent to Zoldessy; however, we reverse the finding of contempt for the defendants' purported "coming about" Zoldessy and his daughter.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 08/27/01 | |
| Of The Evidence Is Otherwise. T
E1997-00276-WC-R3-CV
The trial court found the plaintiff sustained a 4 percent vocational disability to the body as a whole as a result of exposure to formaldehyde which caused permanent respiratory injury. The trial judge found the plaintiff failed to show by a preponderance of the evidence that he sustained any psychiatric injury as a result of the accident. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Billy J. White, Chancellor |
Knox County | Workers Compensation Panel | 08/27/01 | |
| James Fristoe v. Citizens Utilities Company,
M2000-01736-WC-R3-CV
The defendants appeal the judgment of the trial court awarding the employee, a telephone lineman, 95% vocational disability for injuries he sustained falling off a telephone pole. The defendants assert that the trial court erred in determining Mr. Fristoe's vocational disability rating by failing to give appropriate consideration to the findings of the treating physician in this case. For the reasons set out in this opinion, We affirm the judgment of the trial court.
Authoring Judge: James L. Weatherford, Sr.J.,
Originating Judge:John A. Turnbull, Judge |
Putnam County | Workers Compensation Panel | 08/27/01 | |
| Ronald Scott Revis v. Roane County, Tennessee,
E2000-01709-WC-R3-CV
The trial court dismissed the complaint finding the injury did not arise out of and in the course of employment. On appeal it was determined the injury arose out of employment but did not occur in the course of employment. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Russell E. Simmons, Jr., Circuit Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| Ryder Driver Leasing, Inc. v. Wilson
E2000-00905-WC-R3-CV
The trial court found the plaintiff had a compensable psychiatric injury. We affirm the findings of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Dale Workman, Circuit Court Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| United States Pipe & Foundry Company v. Steven L. Camp
E2000-01198-WC-R3-CV
The trial court found the employee had sustained a temporary injury to his back and awarded medical benefits to treat his symptoms. On appeal the employee insists his injury was of a permanent nature. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:L. Marie Williams, Circuit Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| Suzanne Jones vs. Metro Elevator Co.
W2000-02002-COA-R3-CV
This appeal involves claims for injuries sustained by the plaintiff while riding in an elevator. The plaintiff brought suit against numerous parties including the company managing the building and the company under contract to service the elevators in the building. The circuit court granted a motion for summary judgment as to the company managing the building. The case proceeded to trial, however, against the company under contract to service the elevators. After the circuit court refused to instruct the jury on the doctrine of res ipsa loquitur, the jury returned a verdict in favor of the elevator service provider. The plaintiff appeals the grant of summary judgment and the refusal to instruct the jury on the doctrine of res ipsa loquitur and for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Mark Agee |
Madison County | Court of Appeals | 08/27/01 | |
| Reginald Webb v. State of Tennessee
W2000-01895-CCA-R3-PC
Petitioner appeals the denial of post-conviction relief by the Shelby County Criminal Court. He contends he received ineffective assistance of counsel at his jury trial where he was convicted of second degree murder. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 08/27/01 | |
| State of Tennessee v. LaQuenton Monger
W2000-00489-CCA-R3-CD
The appellant, LaQuenton Monger, was convicted by a jury in the Shelby County Criminal Court of one count of first degree felony murder by aggravated child abuse and one count of aggravated child abuse. The trial court imposed concurrent sentences of life imprisonment in the Tennessee Department of Correction for the felony murder conviction and twenty years imprisonment in the Department for the aggravated child abuse conviction. On appeal, the appellant challenges the sufficiency of the evidence underlying his conviction of felony murder and further challenges the trial court's failure to instruct the jury on lesser-included offenses of felony murder. Following a thorough review of the record and the parties' briefs, we reverse the appellant's convictions of felony murder and aggravated child abuse and remand the cases to the trial court for a new trial.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 08/27/01 | |
| Carrie Marsh vs. Christopher Sensabaugh
W2001-00016-COA-R3-JV
This is a child custody case involving the child's natural father and a third-party, the maternal aunt. The trial court held in favor of the maternal aunt, upon a determination the father was an unfit parent. The court based its decision on the father's previous charge of contempt for failure to pay child support, previous visitation practices, and lack of knowledge regarding the child's educational status, such as her teachers, grades and attendance at parent-teacher conferences. Father appeals the trial court's decision. For the reasons below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Roland Reid |
Haywood County | Court of Appeals | 08/27/01 |
