What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
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Lucian T. Pera
SERIE M. BLAND vs. DAVID COWAN, TENNESSEE EDUCATION ASSOCIATION and HAMILTON COUNTY EDUCATION ASSOCIATION Court:TCA Attorneys: Mitchell A. Byrd, Chattanooga, for Appellant William E. Godbold, III, Chattanooga, for Appellee David Cowan Charles Hampton White, Nashville, for Appellees Tennessee Education Association and Hamilton County Education Association Judge:INMAN First Paragraph: The plaintiff is a non-tenured teacher in the Hamilton County School system. She was employed at the Brown Middle School for the school year 1993 94. At the end of the 1994-95 school year she was transferred to Red Bank Middle School because of a decrease in enrollment at Brown. She was one of seven science teachers at Red Bank when the 1995-96 school year began on August 28, 1995. About a week later, Mr. Cowan, principal of Red Bank, announced that because of a decrease in enrollment, the school would lose teachers. URL:http://www.tba.org/tba_files/TCA/bland_ca3.WP6 THE CIT GROUP/SALES FINANCING INC., as successor in interest to General Electric Capital Asset Management Corporation as Servicing Agent for Governmental National Mortgage Association vs. LESLIE R. WILLIAMS Court:TCA Attorneys: JAMES DAVID NAVE HIX GRAY & NAVE Nashville, Tennessee Attorney for Appellant NATHAN B. PRIDE Jackson, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiff CIT Group/Sales Financing, Inc. (CIT), the successor-in-interest to the original plaintiff, General Electric Capital Asset Management Corporation, appeals the trial court's order awarding Defendant/Appellee Leslie R. Williams damages in the amount of $4,464.00 relative to CIT's removal of a mobile home from Williams' property pursuant to a writ of possession. For the reasons stated hereinafter, we reverse the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/citgroup_opn.WP6 C. J. CLAPP MOBILE HOME MOVERS, INC., and CLARA J. CLAPP vs. BILL GOLDSTON, d/b/a GOLDSTON'S WRECKER SERVICE and DONNY and TAMMY MOORE Court:TCA Attorneys: MICHAEL P. McGOVERN OF KNOXVILLE FOR APPELLANTS WILLIAM A. NEWCOMB OF HARRIMAN FOR APPELLEE GILL GOLDSTON J. POLK COOLEY OF ROCKWOOD FOR APPELLEES DONNY AND TAMMY MOORE Judge:Goddard First Paragraph: C. J. Clapp Mobile Home Movers, Inc., and Clara J. Clapp appeal judgments rendered against them in favor of Bill Goldston, d/b/a Goldston's Wrecker Service, and Donny and Tammy Moore in the following amounts: 1. $500 to the Plaintiffs for loss of use of Ms. Clapp's equipment while in the possession of Mr. Goldston. 2. $4239 to Mr. Goldston for wrecker service. 3. $11,500 to Mr. and Mrs. Moore for damages to their mobile home. URL:http://www.tba.org/tba_files/TCA/clappcj_opn.WP6 CONCRETE SPACES, INC., FAUX FUR, INC., PAULETTE DALTON, and STUART DALTON vs. HENRY SENDER, Individually, DARREN LIFF and ZACKARY LIFF, HENRY SENDER, EUGENE I. SACKS and wife RUTH SACKS, d/b/a LIFF, SENDER AND SACKS, Tenants in Common, NATIONAL BUILDING CORPORATION Court:TCA Attorneys: For Plaintiffs/Appellees: For Defendants/Appellants: Steve North Charles Hampton White Mark North Andrew D. Dunn Madison, Tennessee Cornelius & Collins Nashville, Tennessee Abby Rubenfeld Nashville, Tennessee Judge:KOCH First Paragraph: This appeal arises from a dispute over the lease and renovation of commercial space in Nashville's Cummins Station. After abandoning the leases because the renovations had not been completed within the time promised, the lessees filed suit in the Chancery Court for Davidson County against the lessors and the project manager. A jury awarded the lessees $75,000 in compensatory damages and $1,100,000 in punitive damages which the trial court later reduced to $500,000. On this appeal, the lessors and the project manager take issue with the punitive damage award and with the inconsistencies between the judgment and the jury's answers to special interrogatories. We affirm the compensatory damage award; however, we vacate the punitive damage award and remand the case to the trial court to consider whether the compensatory damages should be trebled in accordance with the Tennessee Consumer Protection Act. URL:http://www.tba.org/tba_files/TCA/concrete_opn.WP6 DONALD DAVIS vs. SUMNER COUNTY SHERIFF, J.D. VANDERCOOK, BILLY TEMPLETON ASSISTANT ADMINISTRATOR SONYA TROUTT Court:TCA Attorneys: Donald Davis, #117350 D.C.I., Box 700 Waupun, WI 53963 PRO SE PLAINTIFF/APPELLANT William R. Wright, BPR 4024 Leah May Dennen, BPR 12711 Office of the Law Director Sumner County Administration Building 355 North Belvedere Drive, Room 208 Gallatin, Tennessee 37066 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The captioned appellant is a prisoner in the punitive custody of the Tennessee Department of Correction. He sued the Sheriff of Sumner County and two of his employees for violation of 42 USC S 1983 by violating his civil rights by failing to provide him with a "no pork diet" upon his demand therefor. URL:http://www.tba.org/tba_files/TCA/davisdon_opn.WP6 WANDA ORTIZ DeGROOT vs. MICHAEL DeGROOT Court:TCA Attorneys: FRANCIS X. SANTORE and FRANCIS X. SANTORE, JR, OF GREENEVILLE FOR APPELLANT EDWARD L. KERSHAW OF GREENEVILLE FOR APPELLEE Judge:Goddard First Paragraph: The controversy in this appeal concerns the award of custody of Andrew, the parties' two-year-old son, to the mother. The father appeals, raising two issues and several sub issues, all of which may be re-stated to contend that the evidence preponderates against a finding that it is in the best interest of Andrew that custody be awarded to the mother. URL:http://www.tba.org/tba_files/TCA/degrootw_opn.WP6 JERRY HARB and MAIDGA HARB vs. SERVICE TRANSPORT, INC. and STEVEN C. McLEMORE Court:TCA Attorneys: JAMES T. SHEA, IV BAKER, McREYNOLDS, BYRNE, O'KANE, SHEA & TOWNSEND Knoxville, Tennessee Attorney for Appellants ALBERT J. HARB HODGES, DOUGHTY & CARSON Knoxville, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: Plaintiff/Appellee, Jerry Harb ("plaintiff"), suffered various injuries in an automobile accident on November 30, 1994. The jury awarded plaintiff a total of $73,100 by order dated June 2, 1997--$71,000 in compensatory damages and $2,100 for plaintiff's property damage claim. On or around June 16 or 17 of that same year, plaintiff's counsel called defense counsel and inquired as to why the judgment had not been paid. Defense counsel stated that a Motion for New Trial or Remittitur ("motion") had been filed with the trial court on June 10, 1997. He did not prepare a transmittal letter, nor did he hand deliver or mail a copy of said motion to plaintiff's counsel as required by Rule 5 of the Tennessee Rules of Civil Procedure. A copy of said motion was faxed to plaintiff's counsel on June 16 or 17. The copy, however, was not date stamped by the trial court, nor did it contain any other indications that it had been filed with the court. On July 9, 1997, plaintiff's counsel called the Knox County Circuit Court to determine what motions had been filed. The court informed him that no such motion had been filed. Plaintiff's counsel informed defense counsel that the court had no record of the motion. Thereafter, on July 17, 1997, defense counsel forwarded a copy of the motion to the court which was filed that same day. URL:http://www.tba.org/tba_files/TCA/harbj_opn.WP6 HARTSVILLE HOSPITAL, INC. vs. THE BAY NATIONAL BANK & TRUST CO. Court:TCA Attorneys: DAVID B. FOUTCH GREGORY S. GILL Rochelle, McCulloch & Aulds 109 Castle Heights Ave., No. Lebanon, Tennessee 37087 ATTORNEYS FOR THE PLAINTIFF/APPELLEE SHARON LINVILLE 203 East Main Street Hartsville, Tennessee 37074 ATTORNEY FOR THE DEFENDANT/APPELLANT Judge:CAIN First Paragraph: This case is before us on appeal from a grant of summary judgment in favor of the Plaintiff, Hartsville Hospital Inc., regarding its claim to $27,835.81 held by the Defendant, The Bay National Bank & Trust Company. The parties shall hereinafter be referred to as Hospital and Bank respectively. URL:http://www.tba.org/tba_files/TCA/harts_opn.WP6 ANGELA S. HOGAN vs. SONYA M. REESE Court:TCA Attorneys: JOE D. HARSH Harsh, Parks & Harsh 123 Public Square Gallatin, Tennessee 37066 ATTORNEY FOR PLAINTIFF/APPELLEE R. KREIS WHITE Adair, Schuerman & White 4701 Trousdale Drive, Suite 211 Nashville, Tennessee 37220 ATTORNEY FOR DEFENDANT/APPELLANT Judge:CAIN First Paragraph: In this case defendant appeals a jury verdict for personal injuries resulting from an automobile accident in which the trial judge directed a verdict for the plaintiff on the issue of liability. This appeal takes issue with two aspects of the trial court's decision, to wit, damages and liability. URL:http://www.tba.org/tba_files/TCA/hogana_opn.WP6 DELBERT L. HOLLINGSWORTH REBECCA MARY LEQUIRE BUCHANAN, KATHRYNE HOLLINGSWORTH BARBEE, SARA JEANNE HOLLINGSWORTH CHANIOTT, ANTON KILGORE LEQUIRE, EVELYN B. O'MEARA, MARY HOLLINGSWORTH SHARP, vs. JACK L. EDEN Court:TCA Attorneys: DAN W. HOLBROOK HOLBROOK & PETERSON, PLLC Knoxville, Tennessee STEPHEN A. McSWEEN EGERTON, McAFEE, ARMISTEAD & DAVIS, PC Knoxville, Tennessee Attorneys for Appellant ROBERT S. MARQUIS CHRISTINA M. CONDON McCAMPBELL & YOUNG, P.C. Knoxville, Tennessee Attorneys for Appellees Judge:HIGHERS First Paragraph: In this will construction case, defendant/appellant, Jack L. Eden ("defendant"), appeals the judgment of the trial court finding (1) that the will of Amos J. LeQuire ("decedent") gave Irene LeQuire Eden a gift over of the exact interest that was held by her father, S. Clay LeQuire, namely, a contingent remainder subject to the condition precedent of surviving Trissie Lee LeQuire; (2) that Irene LeQuire Eden's interest never vested and was therefore not transmissible by her will; and (3) that the interest of S. Clay LeQuire passed to the surviving lineal descendants of decedent, per stirpes. For reasons stated hereinafter, we reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/hollings_opn.WP6 DESTINI JANE ISAACSON, A minor under 18 years of age STACEY L. ISAACSON vs. MARK L. FENTON Court:TCA Attorneys: For Appellant For Appellee STANLEY F. LaDUKE RONALD J. ATTANASIO Knoxville, Tennessee Hurley, Sharp & Attanasio Knoxville, Tennessee Judge:Susano First Paragraph: In this paternity case, the trial court granted the putative father's motion to dismiss. In so doing, the court stated that it "[did] not feel that a visit of ten...days by the [respondent] to [Tennessee] would give this state the power to require him to stand trial in this cause," where service of process was effected on him pursuant to T.C.A. S 20-2-214, the Tennessee Long Arm Statute. The petitioner appealed, contending that the trial court erred in finding that it did not have in personam jurisdiction over the respondent. URL:http://www.tba.org/tba_files/TCA/isacsnsl_opn.WP6 BRUCE and CRYSTAL JASPER vs. DON STRECK vs. PETERBILT OF KNOXVILLE, INC. vs. JESS BRYANT Court:TCA Attorneys: For Appellants For Appellees GARY BLACKBURN KEITH McCORD JAY C. BALLARD McCord, Troutman & Irwin Blackburn, Slobey, Freeman & Knoxville, Tennessee Happell, P.C. Nashville, Tennessee Judge:Susano First Paragraph: This case arises out of a transaction involving the original plaintiffs, Bruce Jasper and his wife, Crystal Jasper (collectively "the Jaspers"), and the defendant Peterbilt of Knoxville, Inc. ("Peterbilt"), regarding a 1994 Peterbilt tractor titled in the name of Mrs. Jasper's father, the third-party defendant Jess Bryant ("Bryant"). The Jaspers claimed an interest in the subject vehicle. They sued Peterbilt and its former employee, Don Streck ("Streck"), claiming that the defendants were guilty of breach of contract, conversion, fraud, and negligent misrepresentation, in securing the transfer of the truck to Peterbilt. At the close of the Jaspers' proof before a jury, the trial court held that the Jaspers had "no claim" against Peterbilt, because the vehicle in question had not been titled to either of the Jaspers. Accordingly, the trial court directed a verdict in Peterbilt's favor, and the Jaspers appealed, presenting the following two issues: 1. Do the Jaspers, who had an ownership interest in the 1994 truck according to Tennessee, Georgia and Ohio laws, have capacity and standing to maintain an action for conversion and fraud? 2. Do the Jaspers, regardless of any interest in the 1994 truck, have capacity and standing to maintain an action for fraud? URL:http://www.tba.org/tba_files/TCA/jasperb_opn.WP6 KENNETH RAY MAYFIELD, SR vs. NANCY PRECELLA MAYFIELD Court:TCA Attorneys: D. Mitchell Bryant, Cleveland, for the Appellant. Appellee filed no brief and made no appearance. Judge:INMAN First Paragraph: Nancy Precella Mayfield ["Wife"] appeals from the judgment of the trial court granting her a divorce based upon the inappropriate marital conduct of Kenneth Ray Mayfield, Sr. [ "Husband"]. She contends on appeal that the settlement agreement was obtained through threats and coercion. URL:http://www.tba.org/tba_files/TCA/mayfield_ca3.WP6 JANET PHILLIPS, Individually and in behalf of the Estate of JAMES PHILLIPS vs. WATKINS MOTOR LINES, INC., and MICHAEL J. BARTHOLOMEW Court:TCA Attorneys: DAVID L. FRANKLIN OF CHATTANOOGA FOR APPELLANTS MARVIN BERKE OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: Janet Phillips, individually and on behalf of the estate of her husband, James Phillips, sues Watkins Motor Lines, Inc., and its employee, Michael J. Bartholomew, for injuries received by her and the death of her husband as a result of being struck by an automobile being operated by Michael J. Bartholomew while crossing Ringgold Road in Chattanooga. URL:http://www.tba.org/tba_files/TCA/phillips_opn.WP6 PIGEON FORGE DRUGS vs. PAULETTE MAPLES Court:TCA Attorneys: REBECCA C. McCOY, Sevierville, for Appellant. GARY KIMBLE, Pro Se, Pigeon Forge Drugs. Judge:McMurray First Paragraph: This case originated in the Trial Justice Court for Sevier County as a suit on an open account. Judgment was entered in favor of the plaintiff and against the defendant. The defendant appealed to the Circuit Court. After a trial de novo, judgment was again entered in favor of the plaintiff and against the defendant. From this judgment, the defendant appeals. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/pigeonfd_opn.WP6 ALFORD RODGERS and SUZANNE RODGERS vs. DON WALKER Court:TCA Attorneys: J. THOMAS JONES OF KNOXVILLE FOR APPELLANT DAVID A. LUFKIN OF KNOXVILLE FOR APPELLEES Judge:Goddard First Paragraph: Alford and Suzanne Rodgers filed a complaint in Knox County Chancery Court seeking damages arising from the construction of their home. The suit was brought against the general contractor, Don Walker. The Rodgerses alleged a breach of the construction contract on the part of Mr. Walker and sought damages for excessive costs and unreasonable delay in construction. URL:http://www.tba.org/tba_files/TCA/rodgersa_opn.WP6 EDWARD TRAUGHBER, a minor individually, and by next friends and parents, EDWARD WEAVER and JUANITA TRAUGHBER, and EDWARD WEAVER and JUANITA TRAUGHBER,individually, vs. KELLY A. KRESS, JAMES LEON MILLER, SR., CLARKSVILLE MONTGOMERY COUNTY SCHOOL BOARD and CLARKSVILLE MONTGOMERY COUNTY SCHOOL SYSTEM Court:TCA Attorneys: Roland Robert Lenard 321 Franklin Street Clarksville, Tennessee 37040 ATTORNEY FOR PLAINTIFFS/APPELLANTS Steven C. Girsky 121 South Third Street Clarksville, Tennessee 37040 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The plaintiff, Edward Traughber was seriously injured prior to boarding a school bus which was stopped with red warning lights flashing and a stop sign extended from the side of the bus. URL:http://www.tba.org/tba_files/TCA/traughkr_opn.WP6 THE UNITED METHODIST CHURCH vs. LOUDON COUNTY BEER BOARD and JAMES AUSTIN WATSON d/b/a, J & C PACKAGE STORE Court:TCA Attorneys: John Carson, III, Madisonville, for Appellant James Austin Watson James H. Simpson, Lenoir City, for Appellant, Loudon County Beer Board Rex A. Dale, Lenoir City, for Appellee, The United Methodist Church Judge:INMAN First Paragraph: The Beer Board conducted a public hearing on January 21, 1997 to consider the application of James Watson for a permit to sell beer off premises at a location 485 feet distant from a building owned by The United Methodist Church ["UMC"]. and leased to Bonnie Keeble who operated a day care center therein. URL:http://www.tba.org/tba_files/TCA/umc_ca3.WP6 VERMAX INCORPORATED vs. MCH PARTNERS, JIMMY R. REAGAN, d/b/a PRECISION CONSTRUCTION COMPANY, HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF UPPER EAST TENNESSEE and CAROLYN H. MINNIS Court:TCA Attorneys: STEVEN E. MARSHALL OF SEVIERVILLE FOR JIMMY R. REAGAN, d/b/a PRECISION CONSTRUCTION COMPANY DAVID N. GARST OF KNOXVILLE FOR VERMAX INCORPORATED Judge:Goddard First Paragraph: This is a suit by Vermax, Inc., against Precision Construction Company and Jimmy R. Reagan and Howard Sexton, its general partners. The complaint against other defendants was dismissed below and is not the subject of this appeal. URL:http://www.tba.org/tba_files/TCA/vermaxin_opn.WP6 DON ZSELTVAY vs. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE Court:TCA Attorneys: DAN R. ALEXANDER 2016 8th Avenue South Nashville, Tennessee 37204 Attorney for Plaintiff/Appellant JAMES L. MURPHY III Director of Law The Department of Law of the Metropolitan Government of Nashville and Davidson County RACHEL D. ALLEN LIZABETH D. FOSTER THOMAS G. CROSS Metropolitan Attorneys 204 Metropolitan Courthouse Nashville, Tennessee 37201 Attorneys for Defendant/Appellee Judge:CANTRELL First Paragraph: The plaintiff claimed that Nashville's Board of Parks and Recreation conducted its business in such a way as to violate the Open Meetings Act, Tenn. Code Ann. S 8-44-101, et seq. The trial court refused to discipline the Board, dismissing the complaint against it on a finding that the Board had committed a merely technical violation of the Act. We reverse, and direct the court to impose judicial oversight upon the Board, as is required by the Act, but we decline to comply with the plaintiff's request that we declare the Board's action to be void and of no effect. URL:http://www.tba.org/tba_files/TCA/zseltvad_opn.WP6
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