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
DOROTHY BALES vs. RENEE BALES SNYDER, DONNA BALES STEPP, and ANTHONY BALES Court:TCA Attorneys: JIM W. STAMBAUGH OF MORRISTOWN FOR APPELLANT R. DAVID BENNER OF KNOXVILLE FOR RENEE BALES SNYDER and DONNA BALES STEPP KELLEY HINSLEY OF MORRISTOWN FOR ANTHONY BALES Judge:Goddard First Paragraph: This is a suit by Plaintiff-Appellant Dorothy Bales against Defendants-Appellees Renee Bales Snyder, Donna Bales Stepp and Anthony Bales. Ms. Snyder and Ms. Stepp are her step children, being the daughters by a prior marriage of her deceased husband, Donnie Bales. Anthony Bales, who is a minor 14 years old and is represented by a guardian ad litem, is the son of Donnie Bales and Dorothy Bales. URL:http://www.tba.org/tba_files/TCA/balesd_opn.WP6 WILLIAM ROSS ALLEN BRITTON vs. PENNY JEAN BRITTON Court:TCA Attorneys: For Appellant For Appellee DAVID L. LEONARD K. KIDWELL KING Leonard & Kershaw King & King Greeneville, Tennessee Greeneville, Tennessee Judge:Susano First Paragraph: In this post-divorce proceeding, the trial court modified the parties' 1994 divorce judgment by awarding William Ross Allen Britton ("Father") custody of Cody Allen Britton (DOB: June 21, 1991) and Mariah Cheyenne Britton (DOB: January 27, 1993). The divorce judgment had placed the children's custody with Penny Jean Britton ("Mother") based upon the parties' marital dissolution agreement. Mother appealed the modification order, contending that there had not been a change in circumstances since the divorce such as to warrant a change of custody. URL:http://www.tba.org/tba_files/TCA/britonwr_opn.WP6 JEANNIE FARROW vs. CARL R. OGLE, JR. Court:TCA Attorneys: LARRY C. VAUGHAN OF KNOXVILLE FOR APPELLANT CARL R. OGLE, JR., Pro Se Judge:Goddard First Paragraph: In this legal malpractice suit, Jeannie Farrow appeals a summary judgment rendered against her in favor of Carl R. Ogle, Jr., on the ground that her claim was barred by the applicable statute of limitations. Ironically, the underlying suit which gave rise to the present litigation was one for personal injuries filed by Mr. Ogle on behalf of Mrs. Farrow and was also dismissed because it was barred by the statute of limitations. URL:http://www.tba.org/tba_files/TCA/farrowj_opn.WP6 ED FRAZIER vs. COCKE COUNTY BEER BOARD, WILLIAM HAL CUTSHAW, AND JOHNNIE ARTHUR STYLES, d/b/a AMOCO EXPRESS Court:TCA Attorneys: JOHN B. BUNNELL, Newport, for Plaintiff-Appellant. CLYDE A. DUNN, Newport, for Defendants-Appellees. Judge:Franks First Paragraph: Plaintiff filed his complaint as "Petition for Writ of Certiorari in Granting Package and Beer Sales License" on June 16, 1997, and charged "that defendant Cocke County Beer Board improperly granted a package beer permit to defendants . . . on or about October 7, 1996, in Newport, Cocke County, Tennessee, contrary to Tennessee Code Annotated S57-5-105(b)(1)." Responding to a Motion to Dismiss, the Trial Judge held: The petition for certiorari filed by the plaintiff was not filed within the sixty day time period prescribed by T.C.A. S27-9-102, and, further, it appearing to the Court that the permitees no longer have a beer permit issued by Cocke County, Tennessee, but, to the contrary, have a beer permit issued from the City of Newport, the issues are rendered moot. Accordingly, the complaint is dismissed. . . . The Beer Board's actions are judicially reviewed by a statutory writ of certiorari, which is "the sole remedy and exclusive method of review of any action or order. . . ." T.C.A. S57-5-108 and 109. The procedure for this right of review is established in T.C.A. S27-9-101 et seq., and T.C.A. S27-9-102 provides in pertinent part that petitioner "shall, within sixty (60) days from the entry of the order or judgment, file a petition of certiorari in the Chancery Court . . . ." URL:http://www.tba.org/tba_files/TCA/fraziere_opn.WP6 ERNEST LEON FRIZZELL vs. RAYMOND LEON FRIZZELL Court:TCA Attorneys: For Appellant For Appellee HOWARD B. BARNWELL, JR. ROBERT D. BRADSHAW Chattanooga, Tennessee B. STEWART JENKINS Jenkins & Bradshaw, P.C. Chattanooga, Tennessee Judge:Susano First Paragraph: The plaintiff, Ernest Leon Frizzell ("Father"), seeks damages for the breach of an alleged oral agreement with his son, the defendant, Raymond Leon Frizzell ("Son"). Following a bench trial, the court entered judgment against Son for $32,500. Son appealed, raising a number of issues that essentially present three issues for our review: 1. Is the claim set forth in the complaint -- based, as it is, on an oral agreement -- barred by the statute of frauds, specifically T.C.A. S 29-2-101(a)(4)? 2. Does the oral agreement upon which the plaintiff relies violate the parol evidence rule? 3. Does the evidence preponderate against the trial court's judgment? URL:http://www.tba.org/tba_files/TCA/frizelel_opn.WP6 PAUL EDWARD HENRY, et ux, ELIZABETH ANN HENRY vs. NOVA, INC Court:TCA Attorneys: DONALD E. OVERTON and GLENNA W. OVERTON, OVERTON & OVERTON, Knoxville, for Plaintiffs-Appellants. BEECHER A. BARTLETT, JR., KRAMER, RAYSON, LEAKE, RODGERS & MORGAN, Knoxville, for Defendant-Appellee. Judge:Franks First Paragraph: In this action, plaintiffs sued defendant for "money damages" on the grounds of "misrepresentation, mutual mistake, breach of warranty and negligence regarding the purchase of a new residence" from defendant. The recision of the sale was also sought. URL:http://www.tba.org/tba_files/TCA/henryp_opn.WP6 VIRGINIA LAMBERT, SUPERIOR HOME HEALTH CARE OF MIDDLE TENNESSEE, INC., and LEGION INSURANCE COMPANY vs. INVACARE CORPORATION and NATIONAL MEDICAL EQUIPMENT OF THE SOUTHEAST, INC. Court:TCA Attorneys: For Appellant Virginia Lambert For Appellee Invacare Corp. SONYA W. HENDERSON SAMUEL L. FELKER Thomas, Henderson & Pate JOHN C. HAYWORTH Murfreesboro, Tennessee Bass, Berry & Sims, P.L.C. Nashville, Tennessee For Appellants Superior Home For Appellee National Medical Health Care of Middle Tennessee, Equipment of the Southeast, Inc. and Legion Insurance Company Inc. JOHN THOMAS FEENEY KENNETH R. STARR Feeney & Lawrence, P.L.L.C. Starr & Daniell, P.C. Nashville, Tennessee Chattanooga, Tennessee Judge:Susano First Paragraph: Plaintiff Virginia Lambert ("Lambert") was injured on August 22, 1995, while in the course and scope of her employment with the plaintiff Superior Home Health Care of Middle Tennessee, Inc. ("Superior"). Lambert's injuries occurred while she was using a mechanical lift manufactured by defendant Invacare Corporation ("Invacare") and leased to Superior by defendant National Medical Equipment of the Southeast, Inc. ("National"). As Lambert was transferring a patient from a chair to a bed, one of the lift's wheels came off, forcing Lambert to bear the patient's weight and causing an injury to her back. As a result, Lambert received workers' compensation benefits, which were paid on behalf of Superior by the plaintiff Legion Insurance Company ("Legion"). URL:http://www.tba.org/tba_files/TCA/lambertv_opn.WP6 HEATHER MARIE LONG vs. ROBERT DEAN CROXDALE Court:TCA Attorneys: ROBERT R. SIMPSON, Eshbaugh, Simpson and Varner, Knoxville, for Appellant. JIM W. STAMBAUGH, Stambaugh Law Office, Morristown, for Appellee. Judge:McMurray First Paragraph: This is a child custody case. Heather Long (mother) and Robert Croxdale (father) each filed a petition seeking full custody, or in the alternative, primary residential custody of their son, Travis Dean Croxdale, who was born April 27, 1993. The trial court awarded primary custody to the father, with the mother having physical custody during two months in the summer. The mother appeals, asserting that the court should have awarded her primary custody. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/longhm_opn.WP6 JAMES ODOM, SR. vs. CITY OF CHATTANOOGA, TENNESSEE Court:TCA Attorneys: For Appellant For Appellee ROBERT D. BRADSHAW LAWRENCE W. KELLY Jenkins & Bradshaw, P.C. PHILLIP A. NOBLETT Chattanooga, Tennessee Chattanooga, Tennessee Judge:Susano First Paragraph: The plaintiff, James Odom, Sr. ("Odom"), sued the City of Chattanooga ("the City") under the Tennessee Governmental Tort Liability Act ("GTLA"), seeking damages for injuries suffered in the course of his employment with the City's Department of Public Works. Odom alleges that he suffered a back and wrist injury as a result of his extended use of a jackhammer and the performance of other strenuous labor without the aid of proper equipment. Following a bench trial, the trial court found in favor of the City and dismissed the case. Odom appealed, raising issues that present the following questions for our review: 1. Does the evidence preponderate against the trial court's finding that the plaintiff failed to prove that the City violated various training provisions and the general duty clause of the Tennessee Occupational Safety and Health Act of 1972? 2. Does the evidence preponderate against the trial court's finding that the plaintiff failed to prove that the City violated its Personnel Ordinances? 3. Was the City's decision to place its limited number of backhoes on certain projects to the exclusion of others a discretionary function so as to preserve the City's immunity from suit based on the plaintiff's claim that he was injured because he was doing work that should have been performed by a backhoe? URL:http://www.tba.org/tba_files/TCA/odomj_opn.WP6 JERRY W. RAGON and JERRY LEBRON RAGON, a Partnership d/b/a ACTION LINEN SERVICE vs. O'CHARLEY'S, INC. Court:TCA Attorneys: ROBERT D. BRADSHAW and B. STEWART JENKINS, JENKINS & BRADSHAW, P.C., Chattanooga, for Plaintiffs-Appellees. JOHN G. JACKSON, CHAMBLISS, BAHNER & STOPHEL, Chattanooga, for Defendant-Appellant. Judge:Franks First Paragraph: In this breach of contract action for damages, the jury returned special verdicts in plaintiffs' favor, and the Chancellor entered a judgment for damages against defendant. Defendant has appealed. The issues on appeal raised by defendants are: 1. Whether the Chancellor erred in not sustaining O'Charley's objection to defective verdict, or in the alternative in not granting a new trial, as the jury's verdict was inconsistent and contrary to the manifest weight of the evidence? II. Whether in the alternative, the Chancellor erred in refusing to suggest a remittitur, as the jury's award of damages was excessive and contrary to the manifest weight of the evidence? III. Whether the Chancellor erred in failing to grant O'Charley's motion in limine, and/or for directed verdict on the alleged Hixson contract. As the proof clearly showed, the plaintiff destroyed and rescinded a copy of the alleged contract with the intent to release O'Charley's from any obligation it may have had under the alleged contract? URL:http://www.tba.org/tba_files/TCA/ragonj_opn.WP6 WANDA GAIL REVELS (KIRK) vs. L. E. REVELS, JR. Court:TCA Attorneys: MITCHELL A. BYRD OF CHATTANOOGA FOR APPELLANT JOHN R. MORGAN OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: Responding to a motion pursuant to T.C.A. 26-2-216 relative to installment payments to stay garnishments, the Trial Court ordered L. E. Revels to pay the sum of $250 per month on a judgment previously rendered against him in the amount of $39,508.50, which represented his delinquency as to alimony payments. URL:http://www.tba.org/tba_files/TCA/revelsw_opn.WP6
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