RAYMOND E. PLEMONS v. UNION CARBIDE CORPORATION, MARTIN MARIETTA
ENERGY SYSTEM, INC., and LOCKHEED MARTIN ENERGY SYSTEM, INC.
Court:TSC - Workers Comp Panel
Attorneys:
April Carroll Meldrum, Jim Terry, Clinton, Tennessee for Appellant
Raymond E. Plemons
Robert M. Stivers, Jr., O'Neil, Parker & Williamson, Knoxville,
Tennessee for the Appellees Union Carbide Corporation, Martin Marietta
Energy System, Inc., and Lockheed Martin Energy System, Inc
Judge: PEOPLES
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and
reporting of findings of fact and conclusions of law. The trial court
found the employee failed to prove his chronic lung problems were
related to his occupational exposure. We affirm
http://www.tba.org/tba_files/TSC_WCP/plemonsraye.wpd
HELEN BROYLES v. EMMA WOODSON, ET AL
Court:TCA
Attorneys:
Timothy Webb, Jacksboro, Tennessee, for the Appellant Helen Broyles.
Joseph G. Coker, Jacksboro, Tennessee, for the Appellees Emma Woodson
and the Estate of H.Y. Woodson, Emma Woodson, Executrix.
Judge: SWINEY
First Paragraph:
Helen Broyles ("Plaintiff") sued Emma Woodson and the Estate of H.Y.
Woodson, Emma Woodson, Executrix ("Defendants") claiming that her
husband and H.Y. Woodson entered into an agreement in 1990 for
Plaintiff's husband to purchase a house located in LaFollette,
Tennessee for $21,000. Both Plaintiff's husband and H.Y. Woodson had
passed away when the complaint was filed. Plaintiff claimed Emma
Woodson was not calculating interest properly and had not given
Plaintiff proper credit for the house payments that had been made.
Plaintiff requested the Trial Court examine the relevant documentation
and establish the amount of Plaintiff's equity and the amount still
owing. It was admitted by the parties that there was an agreement of
some sort between their deceased husbands. However, that agreement
was either an oral agreement or, if it had been reduced to writing,
the written instrument appeared to be lost or destroyed. The Trial
Court granted summary judgment to Defendants after concluding: (1) the
Statute of Frauds rendered the agreement unenforceable; (2) the Dead
Man's Statute precluded admission into evidence of any proof regarding
the terms of the agreement; and (3) Defendants had negated an
essential element of Plaintiff's contract claim which required her to
establish the essential elements of the alleged contract with
reasonable definiteness. Plaintiff appeals, and we affirm as
modified.
http://www.tba.org/tba_files/TCA/broyleshelen.wpd
DONNA LANGFORD, ET AL. v. YOLANDA DARDEN, ET AL.
Court:TCA
Attorneys:
Stacy A Turner-Olson, Clarksville, Tennessee, for the appellants,
Donna Langford and Bill Langford.
W. Timothy Harvey, Clarksville, Tennessee, for the appellee, Sherman
Quarles.
Judge: INMAN
First Paragraph:
This is a dog bite case against an absent landlord. The plaintiff
argues that owing to the pervasive publicity about the viciousness of
the tenants' dog, the landlord had constructive notice of its
propensity to violence and should therefore be held liable. Summary
judgment was granted to the landlord . We affirm.
http://www.tba.org/tba_files/TCA/langforddonna.wpd
OFFICE FURNITURE AND RELATED SERVICES INC., ET AL v. UNITED
CONSTRUCTION CORPORATION
Court:TCA
Attorneys:
James D. Kay, Jr., Christopher M. Jones, Nashville, Tennessee, for the
appellant, United Construction Corporation of Nashville.
James S. Higgins, Jonathan A. Street, Nashville, Tennessee, for the
appellee, Office Furniture and Related Services and Jesse Mayo.
Judge: COTTRELL
First Paragraph:
In this appeal, a roofing contractor seeks to reverse the trial
court's finding that it breached express and implied warranties and
violated the Tennessee Consumer Protection Act. The contractor argues
that its agreement was simply to perform insurance repair work and
that the trial court erred in admitting parol evidence to expand the
parties' agreement. There is sufficient evidence to support the trial
court's finding that appellant violated its warranty. We affirm that
finding, but reverse the trial court's finding that the contractor
violated the Tennessee Consumer Protection Act.
http://www.tba.org/tba_files/TCA/officefurniture.wpd
STATE OF TENNESSEE v. MICHAEL PAUL MONDELL
Court:TCCA
Attorneys:
Edward Cantrell Miller, District Public Defender, for the Appellant,
Michael Paul Mondell.
Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; Al C. Schmutzer, Jr., District Attorney General; and
Charles L. Murphy, Assistant District Attorney General, for the
Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The defendant, Michael Paul Mondell, was convicted of facilitation of
the second degree murder of his father, Francis Mondell. The trial
court imposed a 12-year Department of Correction sentence. The
defendant appeals and challenges the sufficiency of the convicting
evidence and the propriety of the sentence. We affirm the conviction
but modify the sentence to eight years.
http://www.tba.org/tba_files/TCCA/mondellmichaelp.wpd
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