Jacqueline Sue Rogers v. Samuel L. Banks and Cathy J. Stancil - Concurring
03A01-9707-CV-00249
Samuel L. Banks, a doctor, and Cathy J. Stancil, a nurse, appeal a jury verdict rendered against them in favor of their former patient, Jacqueline Sue Rogers. Ms. Rogers brought two actions of medical malpractice in the Hamilton County Circuit Court. One action was brought against Dr. Banks, her treating physician. The other action was brought against Nurse Stancil. Nurse Stancil performed the majority of the procedure in question. Judge Robert M. Summitt denied motions for directed verdict after Ms. Rogers presented her case and again after Dr. Banks and Nurse Stancil presented their case. Both actions were submitted to the jury. The jury returned a general verdict against both Dr. Banks and Nurse Stancil for $60,000. Dr. Banks and Nurse Stancil both filed motions for judgments not withstanding the verdict as well as motions for a new trial. Judge Summitt overruled these motions and upheld the jury award. We now reverse the judgment below and dismiss boith suits with prejudice.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Judge Robert M. Summitt |
Hamilton County | Court of Appeals | 07/06/98 | |
Joy Walls, Individually and as Surviving Spouse of Decendent Wendell M. Goodwin, v. AC & S, Inc. et al.
03A01-9707-CV-00269
This suit was initiated by Plaintiff-Appellant, Wendell Goodwin, against Defendants-Appellees, Pittsburgh Corning Corporation, Owens-Corning Fiberglas Corporation, and a number of other Defendants, seeking damages because of an illness Mr. Goodwin contracted -- specifically a stomach cancer known as peritoneal mesothelioma -- resulting from his occupational exposure to asbestos products manufactured and distributed by the Defendants, including Pittsburgh Corning and Owens-Corning. The Trial Court, in sresonse to the answers supplied by the jury through special interrogatories hereinafter set out, entered a judgment in favor of the Defendants because the Plaintiff's claim was barred by the applicable statute of repose, T.C. A . 29 -28 -103(a).
Authoring Judge: Judge Dale Workman
Originating Judge:Presiding Judge Houston M. Goddard |
Knox County | Court of Appeals | 07/06/98 | |
Danny K. Dockery v. Board of Professional Responsibility
01S01-9605-BP-00101
This case arose out of a petition for order of contempt filed by the Board of
Authoring Judge: Chief Justice Riley Anderson
Originating Judge:Chief Justice Riley Anderson |
Supreme Court | 07/06/98 | ||
In re: John Mark Hancock v. Board of Professional Responsibility
01S01-9711-BP-00256
This case arose out of a petition for order of contempt filed in this Court by the Board of Professional Responsibility against John Mark Hancock. The petition alleged that Hancock violated an order of suspension previously entered by this Court by failing to comply with Tenn. Sup. Ct. R. 9, § 18, which requires a suspended attorney to notify clients of an order of suspension, move for withdrawal from pending cases, provide notice to adverse attorneys when clients have not obtained substitute counsel, and refrain from taking new cases.
Authoring Judge: Chief Justice E. Riley Anderson
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Knox County | Supreme Court | 07/06/98 | |
In re: Guy S. Davis v. Board of Professional Responsibility
01S01-9801-BP-00006
The incidents both involved physical altercations, one of which resulted in Davis’s conviction for simple assa ult. This matter is before the Court to determine whether the respondent, Guy S. Davis, should be held in contempt for practicing law after the entry of a thirty-day temporary suspension.
Authoring Judge: Chief Justice E. Riley Anderson
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Davidson County | Supreme Court | 07/06/98 | |
State of Tennessee v. Howard E. King
02S01-9703-CR-00021
We granted permission to appeal under Tenn. R. App. P. 11 to Howard E. King, the appellant, in order to address the constitutionality of Tenn. Code Ann. § 40-35-201(b)(2) (Supp. 1994),1 which requires trial courts to instruct juries regarding parole and release eligibility when a jury instruction on the sentencing range is requested by either party. Because we find that the statute does not violate the separation of powers doctrine or deprive the appellant of his due process right to a fair trial, we conclude that the statute, as applied under the circumstances of this case, is constitutional.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Supreme Court | 07/06/98 | |
State of Tennessee vs. David L. Hathaway
01C01-9703-CR-00094
The appellant, David L. Hathaway, appeals as of right his conviction in the Criminal Court of Pickett County. After a bench trial, he was convicted of driving under the influence of an intoxicant (“D.U.I.”) and was sentenced to a suspended term of six (6) months and one (1) hour in the county jail. The trial court revoked appellant’s driver’s license for one (1) year and ordered him to serve forty eight (48) hours in jail. Appellant was also ordered to pay a $350 fine.
Authoring Judge: Judge William M. Barker
Originating Judge:Judge John A. Turnbull |
Pickett County | Court of Criminal Appeals | 07/02/98 | |
State of Tennessee vs. Edward Shane Rust
01C01-9707-CC-00258
The appellant, Edward Shane Rust, was indicted by a Coffee County Grand Jury for the offenses of arson of personal property and reckless endangerment. Following a jury trial, the appellant was found guilty of arson of personal property, a class E felony, and received a two year sentence in the Department of Correction. The appellant was found not guilty of reckless endangerment. In this appeal as of right, the appellant contends:
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge John W. Rollins |
Coffee County | Court of Criminal Appeals | 07/01/98 | |
Charles F. Gaulden, and Wife, Ruth S. Gaulden, v. Robert L. Scruggs, and Wife, Joyce W. Scruggs
01A01-9708-CH-00417
The question in this case is whether a purchaser of mortgaged property, who pays off the mortgage, takes an assignment of the note and deed of trust, and subsequently releases the deed of trust, can then sue the original mortgagee on the note. The Chancery Court of Davidson County dismissed the action. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/01/98 | |
Consumer Advocate Division, v. Tennessee Regulatory Authority; Nashville Gas Company
01A01-9708-BC-00391
This petition under Rule 12, Tenn. R. App. Proc., to review a rate making order of the Tennessee Regulatory Authority presents a host of procedural and substantive issues. We affirm the agency order.
Authoring Judge: Judge Ben H. Cantrell
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Court of Appeals | 07/01/98 | ||
Lionel L. Lulow v. Earl Poss and Carl Poss - Concurring
01-A-01-9509-CH-00399
This is an appeal by defendants/appellants, Earl and Carl Poss, from a decision of the chancery court in a boundary dispute. It is the Posses contention that the chancery court erred when it approved the survey entered into evidence by the plaintiffs/appellees, Lionel and Nancy Lulow. The diagram below, while not drawn to scale, depicts the layout of the relevant tracts of land. Reference to this diagram will be helpful in understanding the following facts.
Authoring Judge: Judge Walter W. Bussart
Originating Judge:Judge Robert E. Corlew, III |
Cannon County | Court of Appeals | 07/01/98 | |
David K. Wachtel, Jr., v. Western Sizzlin Corporation, F/K/A Franchisee Acquisition Cororation, v. David K. Wachtel, Jr. and Restaurant Management Services, Inc.
01A01-9708-CH-00396
This breach of contract case is before us on a Rule 54.02, Tenn. R. Civ. Proc. appeal. The only question for our decision is whether the trial court erred in granting the defendant’s motion for partial summary judgment on the plaintiff’s claim for certain consequential damages arising from the defendant’s breach of contract. We reverse the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/01/98 | |
Helen S. Rogers v. Thomas E. Watts, Jr., - Concurring
01A01-9603-CV-00120
This appeal involves another chapter in a lingering, acrimonious dispute between two Nashville lawyers stemming from a failed settlement of a case in federal court. After one of the lawyers abandoned his third-party complaint against the other lawyer for fraudulent misrepresentation, the other lawyer filed a malicious prosecution action in the Circuit Court for Davidson County. When the trial court dismissed the complaint on the ground that it was premature, the prevailing lawyer sought Tenn. R. Civ. P. 11 sanctions against the lawyer whose malicious prosecution claim had been dismissed. The trial court declined to grant sanctions, and the lawyer seeking sanctions has appealed. We have determined that the record supports the trial court’s decision not to award sanctions and, therefore, affirm the trial court’s decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 07/01/98 | |
State of Tennessee on relation of Ervin Smith and Ervin Smith Individually, v. L. B. Franklin and Alex Richmond, Cit of Carthage, Tennessee, a municipal corporation, Mayor David Bowman
01A01-9710-CH-00546
The plaintiff, Ervin Smith, has appealed from the judgment of the Trial Court as to his rights in regard to an alleged public right-of-way on property adjoining plaintiff’s land.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor C. K. Smith |
Smith County | Court of Appeals | 07/01/98 | |
Bennie Day and Karen Day v. City of Decherd, Otis B. Smith, Jr., Mayor, et al. - Concurring
01-A-01-9708-CH-00442
Property owners alleged in a petition for common law certiorari that the city of Decherd acted arbitrarily and capriciously in refusing to rezone their property from residential to commercial. The Chancery Court of Franklin County dismissed the petition. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge L. Curtis Smith |
Franklin County | Court of Appeals | 07/01/98 | |
William Michael Anderton v. Evelyn Adele Morgan Anderton
01A01-9701-CH-00013
Mr. Anderton has filed a Tenn. R. App. P. 39 petition for rehearing and a Tenn. R. App. P. 14 motion to consider post-judgment facts with regard to his actual gross income in 1996 and 1997. Ms. Anderton has filed a response to these motions. We have determined that Mr. Anderton’s motions should be granted.
Authoring Judge: Presiding Judge Henry F. Todd
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Williamson County | Court of Appeals | 07/01/98 | |
Razorback Marble Mfg. Co., Inc., v. D.D. Roberts Construction Company, Naran P. Patel, Kusum N. Patel, and Heritage Bank
01A01-9709-CH-00512
In this construction contract dispute, the Chancery Court of Montgomery County granted a judgment plus prejudgment interest to Razorback Marble Manufacturing Company, Inc. On appeal, Roberts Construction Company, Inc. and D. D. Roberts, Individually, raise issues pertaining to the Contractor’s Licensing statutes and the Notice of Non-Payments statute. Razorback insists that it was due a larger judgment and a greater award of prejudgment interest.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Alex W. Darnell |
Montgomery County | Court of Appeals | 07/01/98 | |
W. Hudson Connery, Jr., et al. v. Columbia/HCA Healthcare Corporation, et al., - Concurring
01-A-01-9709-CH-00529
I concur in Judge Todd’s opinion affirming the grant of summary judgment to the defendants. I write separately simply to emphasize the following points: First, the bonus plan allowed the plaintiffs to purchase shares of the company at a price below the market price. When the plaintiffs left the company before the shares fully vested, they did not forfeit their investment; they simply lost the difference between what they had invested and the market value of the shares. The difference in the purchase price and the market value is what this controversy is about.
Authoring Judge: Judge Ben H. Cantrell
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Court of Appeals | 07/01/98 | ||
State of Tennessee vs. James Gooch, a/k/a "Angie Foot"
01C01-9703-CR-00093
The defendant, James Allen Gooch, Sr., a/k/a “Angie Foot,” appeals as of right from his conviction upon a guilty plea in the Sumner County Criminal Court for the sale of under one-half gram of cocaine, a Class C felony. The defendant was charged with two counts of selling less than one-half gram of cocaine, possession of marijuana, and possession of drug paraphernalia. Pursuant to an agreement, the defendant entered a guilty plea to one count of selling less than one-half gram of cocaine, and the remaining charges were dismissed. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court also imposed a two-thousand-dollar fine. The defendant contends that the trial court erred by failing to consider a sentence other than confinement by the Department
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 07/01/98 | |
In the matter of the estate of Mary Ardelle Gower, Deceased, v. Tyson Robertson, Bessie Lewis, Danny Boggell, Pat Henkel, and Marilyn Whitten
01A01-9710-CH-00605
Mary Ardelle Gower died on August 11, 1995 in Wayne County, Tennessee at the age of 73. Her will was offered for probate by William Steven Jones, the executor therein named and the sole beneficiary of the will.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Robert L. Jones |
Wayne County | Court of Appeals | 07/01/98 | |
William P. Williams, v. Wanda C. Williams
01A01-9711-CH-00679
This is a child support case. The Chancery Court of Wilson County set the mother’s obligation of support at $723.00 per month. The mother appeals and asserts that the evidence preponderates against the trial court’s finding. We affirm the judgment below.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. K. Smith |
Wilson County | Court of Appeals | 07/01/98 | |
Gretchen Hart, v. Ronald Rick Hart
01A01-9707-CV-00344
This is a post-divorce decree proceeding to adjust the amount of periodic alimony. The wife has appealed from the judgment of the Trial Court increasing the alimony from $1,000 per month to $1,350 per month.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 07/01/98 | |
W. Huson Connery, Jr., et al. vs. Columbia/HCA Helathcare Corporation, et al. - Concurring
01A01-9709-CH-00529
Twenty former employees of “HealthTrust,” a ____________ sued HealthTrust and its “successor in interest,” Columbia Health Care Corporation, to recover share of stock (or the value thereof) which they had purchased with earned bonuses and for the value of shares of stock due some of the plaintiffs due them upon discharge. Two of the plaintiffs nonsuited, leaving eighteen.
Authoring Judge: Judge Henry F. Todd
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Supreme Court | 07/01/98 | |
W. Hudson Connery, Jr. et al., v. Columbia/HCA Healthcare Corporation, et al.
01A01-9709-CH-00529
Twenty former employees of “HealthTrust,” a ____________ sued HealthTrust and its “successor in interest,” Columbia Health Care Corporation, to recover share of stock (or the value thereof) which they had purchased with earned bonuses and for the value of shares of stock due some of the plaintiffs due them upon discharge. Two of the plaintiffs nonsuited, leaving eighteen.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/01/98 | |
James E. Collins v. Department of Correction
01A01-9709-CH-00558
The captioned appellant is a prisoner in the punitive custody of the Tennessee Department of Correction. On February 19, 1997, he filed in the Trial Court a petition for declaratory judgment alleging that on November 16, 1996, he filed with the Department a petition for a declaratory order correcting an erroneous entry showing two life sentences which have been merged.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/01/98 |