Beverly Gardner v. Saint Thomas Midtown Hospital (Concur)
M2019-02237-SC-R11-CV
This case presents a simple issue: Whether the Tennessee Health Care Liability
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Beverly Gardner v. Saint Thomas Midtown Hospital
M2019-02237-SC-R11-CV
“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved for summary judgment under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.
Authoring Judge: Justice Sarah K. Campbell
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Dennis Harold Ultsch v. HTI Memorial Hospital Corporation
M2020-00341-SC-R11-CV
“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved to dismiss the plaintiff’s claims under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.
Authoring Judge: Justice Sarah K. Campbell
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Milburn L. Edwards v. State of Tennessee
M2022-01416-CCA-R3-HC
Petitioner, Milburn L. Edwards, appeals from the Wayne County Circuit Court’s order summarily dismissing his ninth petition for writ of habeas corpus. On appeal, Petitioner argues the habeas corpus court’s order failed to include adequate findings of fact and conclusions of law, the State’s answer to the habeas corpus petition was insufficient, and the Warden of Petitioner’s penitentiary was not served with process. After review, we affirm the judgment of the habeas corpus court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Christopher V. Sockwell |
Wayne County | Court of Criminal Appeals | 07/20/23 | |
Carolyn Cruise v. Brittany Byrd
M2022-01578-COA-R3-CV
This appeal arises out of a dog bite incident that occurred at a dog park within an apartment complex. The plaintiff filed a complaint against the defendant who owned the dog that bit her. The defendant filed a motion for summary judgment. The trial court entered an order granting the defendant's motion for summary judgment and dismissing the plaintiff s complaint with prejudice. The plaintiff appeals. We affirm.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Clifton David Briley |
Davidson County | Court of Appeals | 07/20/23 | |
Paul W. Chrisman, Jr., Trustee v. SP Title, LLC, Et Al.
M2022-00944-COA-R3-CV
This appeal arises out of a third-party complaint asserting claims arising from the sale of real property. The trial court entered an order granting in part and denying in part the thirdparty defendants’ motion for summary judgment. Afterward, the third-party plaintiff filed a notice of voluntary dismissal as to his remaining claim, which was then dismissed without prejudice by the trial court. The third-party plaintiff appeals. We reverse in part, vacate in part, and remand for further proceedings consistent with this opinion.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Appeals | 07/20/23 | |
Beverly Gardner v. Saint Thomas Midtown Hospital (Dissent)
M2019-02237-SC-R11-CV
This appeal presents issues similar to those in Ultsch v. HTI Memorial Hospital
Authoring Judge: Justice Jeffrey S. Bivins
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Dennis Harold Ultsch v. HTI Memorial Hospital Corporation (Dissent)
M2020-00341-SC-R11-CV
This appeal presents issues similar to those in Ultsch v. HTI Memorial Hospital
Authoring Judge: Justice Jeffrey S. Bivins
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Dennis Harold Ultsch v. HTI Memorial Hospital Corporation (Concur)
M2020-00341-SC-R11-CV
This case presents a simple issue: Whether the Tennessee Health Care Liability
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
State of Tennessee v. Marterrius Hite
W2022-00678-CCA-R3-Cd
The Defendant, Marterrius Hite, was convicted in the Shelby County Criminal Court of
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 07/19/23 | |
Deshun Hampton v. State of Tennessee
W2022-01473-CCA-R3-PC
The Petitioner, Deshun Hampton, appeals the denial of his petition for post-conviction
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Jennifer Johnson Mitchell |
Shelby County | Court of Criminal Appeals | 07/19/23 | |
Tony Thomas v. State of Tennessee
W2022-00851-CCA-R3-PC
Petitioner, Tony Thomas, appeals the Shelby County Criminal Court’s denial of
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 07/19/23 | |
State of Tennessee v. Jimmy L. Cobble
M2022-00598-CCA-R3-CD
The Defendant, Jimmy L. Cobble, pleaded guilty to vehicular assault and driving under the influence (“DUI”), fifth offense in exchange for a concurrent sentence of one year in jail followed by seven years of supervised probation. After a violation report was filed and a hearing held, the trial court revoked the Defendant’s probation, determining that he materially violated the terms of his probation sentence by testing positive for methamphetamine and amphetamine and by admitting to using heroin and fentanyl. It ordered the Defendant to serve the remainder of his sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it failed to consider alternatives to him serving the duration of his eight year sentence in confinement. After review, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Wesley Thomas Bray |
Putnam County | Court of Criminal Appeals | 07/19/23 | |
Said Laghrab v. State of Tennessee
W2022-00736-CCA-R3-PC
The Petitioner, Said Laghrab, pled guilty in the Fayette County Circuit Court to aggravated
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge J. Weber McCraw |
Fayette County | Court of Criminal Appeals | 07/19/23 | |
State of Tennessee v. Clifton Weathers Horn, II
M2022-00615-CCA-R3-CD
Defendant, Clifton Weathers Horn, II, pleaded guilty to eight counts of unlawful photography in violation of privacy (with dissemination), one count of attempted tampering with evidence, and fourteen counts of facilitation of sexual exploitation of a minor. Following a sentencing hearing, the trial court sentenced him to a term of four years in the Department of Correction, followed by one year of supervised probation. On appeal, Defendant argues the trial court erred in denying judicial diversion or other forms of full alternative sentencing. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge William R. Goodman, III |
Robertson County | Court of Criminal Appeals | 07/19/23 | |
George Gary Ingram v. Dr. Michael Gallagher, Et Al.
E2020-01222-COA-R3-CV
This is a health care liability case. George Gary Ingram ("Ingram") filed a health care
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Judge W. Jeffrey Hollingsworth |
Court of Appeals | 07/18/23 | ||
State of Tennessee v. Anthony Terrell Brown
M2022-00729-CCA-R3-CD
Anthony Terrell Brown, Defendant, was convicted by a jury in the Robertson County Circuit Court of first degree premeditated murder. He received a sentence of life in prison without parole. On appeal, Defendant contends the trial court erred when the presiding circuit court judge appointed, by interchange, a trial judge from an adjoining district to try the case, and that the evidence is insufficient to support his conviction. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Dee David Gay |
Robertson County | Court of Criminal Appeals | 07/18/23 | |
Emergency Medical Care Facilities, P.C. v. Bluecross Blueshield of Tennessee, Inc., et al.
M2021-00174-COA-R3-CV
Plaintiff appeals the trial court’s decision to dismiss its class action allegations against two defendants on the basis of collateral estoppel. Specifically, the trial court ruled that while a prior determination that Appellant was not entitled to class action certification was not a final judgment on the merits, due to a dismissal of that case without prejudice, the ruling was “sufficiently firm” to have preclusive effect, citing the Restatement (Second) Of Judgments. Because Tennessee law requires a final adjudication on the merits for a judgment to be entitled to preclusive effect, we reverse.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 07/18/23 | |
Christine L. Manion Et Al. v. The Baldini, Pryor, and Lammert Partnership
M2022-00384-COA-R3-CV
The owners of certain real property sought a prescriptive easement over the parking lot of an adjacent neighbor. The trial court granted the prescriptive easement over the entirety of the neighbor's parking lot. The neighbor appealed. Discerning that the record contains clear and convincing evidence of all the requirements for a prescriptive easement, we affirm. We modify the trial court's judgment, however, by limiting the scope of easement to the route followed when the route was first established.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Joseph A. Woodruff |
Williamson County | Court of Appeals | 07/18/23 | |
Madeline Luckett Nolan v. Gregory Stewart Nolan
W2021-01018-COA-R3-CV
The circuit court, finding that Father committed twenty-one counts of criminal contempt,
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Rhynette N. Hurd |
Shelby County | Court of Appeals | 07/17/23 | |
Denise Phillips Jones v. Kelvin Dominic Jones
M2022-00624-COA-R3-CV
This appeal arises from a divorce. Prior to the marriage, the parties signed an antenuptial agreement that included a provision whereby Husband’s son from a prior marriage would be entitled to one-fourth of the value of the marital property upon divorce. During proceedings in the trial court, Husband filed a petition to hold Wife in criminal contempt. The trial court dismissed Husband’s petition for contempt, granted Husband a divorce on the uncontested ground of adultery, found the provision regarding Husband’s son to be unenforceable, and equitably divided the parties’ marital property. The trial court also declined to award Husband his requested discretionary fees. Primarily based on Husband’s failure to follow briefing requirements, we affirm the trial court’s judgment on all issues.
Authoring Judge: Judge Steven Stafford
Originating Judge:Judge Robert E. Lee Davies |
Davidson County | Court of Appeals | 07/17/23 | |
In Re N.M.
E2022-01398-COA-R3-PT
This appeal arises from the termination of a mother’s parental rights to her minor child
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Kenneth N. Bailey, Jr. |
Court of Appeals | 07/17/23 | ||
State of Tennessee v. Halley O'Brien Thompson
W2022-01535-CCA-R3-CD
A Madison County Circuit Court jury found the Defendant, Halley OBrien Thompson,1
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Criminal Appeals | 07/14/23 | |
Abigail Lynn Sevigny v. Warren Maxwell Sevigny
M2022-00953-COA-R3-CV
In this post-divorce dispute, the wife filed a petition for criminal contempt. After testimony was heard, the parties announced in broad terms that they had reached a settlement. Thereafter, the parties could not agree on the terms of the settlement. At a hearing on the husband’s motion requesting approval of his proposed order, the court dismissed the petition on grounds of double jeopardy. We have determined that the trial court erred in dismissing the case and remand for further proceedings.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Philip R. Robinson |
Davidson County | Court of Appeals | 07/14/23 | |
In Re Trust of Nellie B. Fontanella
M2022-01822-COA-R3-CV
This is an appeal from an order requiring a trustee to provide an updated accounting to a beneficiary at the beneficiary’s expense. Because the order does not resolve all of the claims between the parties, we dismiss the appeal for lack of a final judgment.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Joe Thompson |
Sumner County | Court of Appeals | 07/14/23 |