Opinion FlashAugust 7, 2003
Volume 9 Number 142
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
STEVEN GRIFFIN v. WILLIAM C. ROBERTS, JR. Court:TCA Attorneys: Steven Griffin, Whiteville, Tennessee, Pro Se. Judge: CANTRELL First Paragraph: An inmate in the custody of the Department of Correction filed a legal malpractice suit against the court-appointed attorney who represented him in his post-conviction appeal. Despite many attempts, the inmate failed to obtain service on the attorney. More than three years after suit was filed, the court dismissed the case for lack of prosecution. We affirm the trial court. http://www.tba.org/tba_files/TCA/griffins.wpd
STEVEN ANTHONY PERRY v. KELLY LEANNE PERRY v. THELMA PERRY Court:TCA Attorneys: Jon S. Jablonski, Nashville, Tennessee, for the appellant, Kelly Leanne Perry. Debra L. Dishmon and Susan M. Merry, Lebanon, Tennessee, for the appellee, Thelma Perry. Judge: CANTRELL First Paragraph: The Circuit Court of Wilson County awarded custody of a minor child to the paternal grandmother. The child's mother, to whom custody had been awarded in the divorce, asserts that the facts do not support such a drastic remedy. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/perrysa.wpd
JENNIFER D. RIAL (HOLLOWAY) v. TERRY RIAL Court:TCA Attorneys: Timothy V. Potter, Dickson, Tennessee, for the appellant, Jennifer Holloway Rial. Douglas Thompson Bates, III, Centerville, Tennessee, for the appellee, Terry Rial. Judge: FARMER First Paragraph: Mother petitioned the court for change of child custody. The trial court found no material change of circumstances justifying such change and dismissed the petition. We affirm. http://www.tba.org/tba_files/TCA/rialjenniferh.wpd
MICHAEL D. STREET v. LEVY (WILDHORSE) LIMITED PARTNERSHIP Court:TCA Attorneys: T. Turner Snodgrass, Nashville, Tennessee, for the appellant, Michael D. Street. Michele M. Brubaker, Nashville, Tennessee, for the appellee, Levy (Wildhorse) Limited Partnership. Judge: KOCH First Paragraph: This appeal involves a patron at a Nashville night spot who was seriously injured by a broken glass tray left unattended on a table. In addition to the laceration on his leg, the patron fell and hit his face against the floor. The patron later filed suit against the night spot in the Circuit Court for Davidson County seeking damages not only for the laceration of his leg but also for internal derangement of his temporomandibular joint caused by his fall. The night spot conceded its negligence, and, after conducting a bench trial on the question of damages, the trial court awarded the patron $8,937.00 for his medical expenses, pain and suffering, and loss of enjoyment of life. On this appeal, the patron takes issue with the trial court's refusal to award him $1,133.00 in medical expenses and with the amount of the award for pain and suffering and loss of enjoyment of life. We have determined that the trial court lacked any basis for declining to award the patron all his medical expenses and that the evidence does not preponderate against the award for pain and suffering and loss of enjoyment of life. http://www.tba.org/tba_files/TCA/streetmd.wpd
ERIC YOUNG v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL. Court:TCA Attorneys: Eric Young, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter, and Shay B. Winebarger, Assistant Attorney General, for the appellee, State of Tennessee. Tom Anderson, Jackson, Tennessee, for the appellees, Kevin Myers, Daniel Devers, Jeffrey Spice and Charles Griffin. Judge: CANTRELL First Paragraph: A prison inmate was convicted of a disciplinary offense, and sentenced to punitive segregation. He filed a Petition for Writ of Certiorari, claiming there were serious procedural defects in the disciplinary proceeding. The trial court dismissed his Petition as time-barred. We affirm the trial court. http://www.tba.org/tba_files/TCA/younge.wpd
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