Opinion FlashFebruary 5, 2004
Volume 10 Number 024
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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.
Howard H. Vogel
CLEMMYE MULLENIX BERGER v. BRENDA O'BRIEN, ET AL. Court:TCA Attorneys: Patrick M. Ardis, Memphis, For Appellants, Harold G. Walter and Wolff Ardis, P.C. Michael F. Pleasants, Memphis, For Appellee, Morris Jack Berger, Sr. Richard M. Carter and Elizabeth J. Landrigan, Memphis, For Appellee, Sylvia Galassi Berger As Trustee of the Trusts for the Benefit of Bianca Berger Judge: CRAWFORD First Paragraph: This appeal involves the trial court' s denial of additional fees and expenses sought by guardian ad litem and attorney ad litem incurred in defending the previous appeal by an appellant contesting a judgment against him for a portion of the guardian ad litem and attorney ad litem fees incurred in the course of the trial court proceedings. In the previous appeal, this Court denied the application of the attorney ad litem and guardian ad litem for damages for frivolous appeal. The trial court denied the motion seeking additional fees and expenses and the guardian ad litem and attorney ad litem have appealed. We affirm. http://www.tba.org/tba_files/TCA/bergerc.wpd
PHILLIP LUCAS, ET AL. v. STATE OF TENNESSEE, MICHAEL E. COLLINS, ET AL. v. STATE OF TENNESSEE Court:TCA Attorneys: Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Dawn Jordan, Rebecca Lyford, George Coffin, Nashville, Tennessee, for the appellant, State of Tennessee. Mart G. Fendley, Clarksville, Tennessee, for the appellee, Phillip Lucas. Tony R.. Dalton, Chad D. Emerson, Knoxville, Tennessee, for the appellee, Michael E. Collins. Judge: CAIN First Paragraph: These consolidated cases present two separate factual situations involving alleged liability of the state under the Tennessee Claims Commission Act, Tennessee Code Annotated section 9-8-301, et seq., for dangerous conditions existing on two separate highways. In both cases the State asserted in defense discretionary function immunity. Because this defense is central to both cases, the Claims Commission consolidated the cases for consideration of the applicability of discretionary function immunity. In an en banc order, the Commission, construing Tennessee Code Annotated section 9-8- 307(d) and cases based upon that section, overruled the State's motions for summary judgment. We hold that under the plain and unambiguous provisions of Tennessee Code Annotated section 9-8- 307(d) the State is not entitled to assert discretionary function immunity in actions under the Tennessee Claims Commission Act and affirm the judgment of the Claims Commission. http://www.tba.org/tba_files/TCA/lucasphillip.wpd
ORIGINAL CHRIST TEMPLE CHURCH v. ALEXANDER & ASSOCIATES, INC. Court:TCA Attorneys: Trippe S. Fried, Nashville, Tennessee, for the appellant, Original Christ Temple Church. David B. Scott, Nashville, Tennessee, for the appellee, Alexander & Associates, Inc. Judge: ASH First Paragraph: Between 1989 and 1991, appellant Original Christ Temple Church ("Church") contacted appellee Alexander & Associates, Inc. ("Alexander") to procure an insurance policy to cover its church building and contents in the event of loss. Church claims the original policy with Aetna Casualty and Surety guaranteed Church "100% replacement cost coverage." In 1993, Alexander ceased writing insurance policies for Aetna, and Alexander procured a replacement policy for Church through a new insurer. On November 3, 1999, Church's building was completely destroyed by fire. Church filed a complaint against Alexander on January 4, 2001 alleging negligence based on Alexander's failure to advise Church of changes in its insurance coverage. Church additionally sought relief on grounds of fraud, intentional interference with contract rights, fraudulent concealment, negligent misrepresentation and breach of fiduciary duty. Church claimed its new policy issued by Alexander in 1993 did not guarantee the same amount of replacement cost coverage as its original policy. Alexander filed an answer on February 7, 2001 denying all allegations and raising an affirmative defense of statute of limitations. On June 3, 2002, Alexander filed a motion for summary judgment asserting Church's complaint was time-barred by the applicable statute of limitations. In an order entered August 15, 2002, the trial court granted Alexander's summary judgment motion finding the statute of limitations, as set forth in T.C.A. S 28-3-105, expired prior to Church's filing of its complaint. Notice of this appeal soon followed. For the reasons set forth below, the order of the trial court granting summary judgment based on the applicable statute of limitations is reversed. http://www.tba.org/tba_files/TCA/originalchristtemp.wpd
PLEASE FORWARD THIS E-MAIL!
GET A FULL-TEXT COPY OF AN OPINION!
JOIN THE TENNESSEE BAR ASSOCIATION!
SUBSCRIBE TO OPINION FLASH!
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi
Home Contact Us PageFinder What's New Help
© Copyright 2004 Tennessee Bar Association