TN Court of Appeals

RODNEY AND TAMMY HENDERSON, ET AL v. THE VANDERBILT UNIVERSITY

With dissent by Gibson

The trial court granted partial summary judgment to the defendant hospital on the ground that the plaintiffs could not establish that they witnessed or perceived an injury-producing event for purposes of their negligent infliction of emotional distress claims. We hold that the alleged failure of the defendant hospital to provide care to the plaintiffs’ daughter, despite repeated assurances from the hospital that it would occur, constitutes an injury-producing event that was witnessed by plaintiffs.

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Attorney 1: 

Gary K. Smith v. Karen M. Campbell, Memphis, Tennessee, for the appellants, Rodney Henderson, and Tammy Henderson.

Attorney 2: 

Thomas A. Wiseman and Kimberly G. Silvus, Nashville, Tennessee, for the appellee, The Vanderbilt University.

Judge: 
STAFFORD

DAVID LAMAR HAYES v. GLEN TURNER, WARDEN

This appeal arises from the dismissal of a pro se inmate’s complaint for failure to prosecute. After filing his complaint in 2005, the plaintiff took no action in the case for more than 10 years. In 2015, the trial court directed the plaintiff to show cause why the case should not be dismissed for failure to prosecute. Instead of providing an explanation for the delay, the plaintiff sought a default judgment against the defendant. The trial court then dismissed the case with prejudice. On appeal, we find no abuse of discretion in the trial court’s decision.

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Attorney 1: 

David Lamar Hayes, Whiteville, Tennessee, Pro se.

Attorney 2: 

James I. Pentecost and Jonathan D. Buckner, Jackson, Tennessee, for the appellee, Glen Turner, Warden, Hardeman County Correctional Facility.

Judge: 
GOLDIN

EAGLE CDI, INC., ET AL. v. MICHAEL J. ORR, ET AL.

This appeal involves a contract dispute between a general contracting company and a husband and wife who sought the company’s assistance to build a log cabin home. After the husband and wife defaulted on the original construction contract, the husband and wife and the company signed a second contract, a promissory note, for the remaining balance. The husband and wife subsequently defaulted on the promissory note.

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Attorney 1: 

D. Mitchell Bryant, Athens, Tennessee, for the appellants, Michael J Orr and Mary E Orr.

Attorney 2: 

Gary M. Prince and N. Craig Strand, Knoxville, Tennessee, for the appellees, Eagle CDI, Inc. and Dan Mitchell.

Judge: 
MCCLARTY

TOM WATSON v. ROSEMARIE RALSTON-GOOD ET AL.

The plaintiff business owner, who provided carpet cleaning services, filed an action in the Hamilton County General Sessions Court (“general sessions court”) against a customer, alleging that the customer had failed to compensate him for services rendered. The customer subsequently filed a counterclaim against the business owner, alleging that he had ruined an oriental rug in her home and sprayed chemicals on her furniture. The general sessions court entered a judgment in favor of the customer. The business owner appealed to the Hamilton County Circuit Court (“trial court”).

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Attorney 1: 

Tom Watson, East Ridge, Tennessee, Pro Se.

Attorney 2: 

Rosemarie Ralston-Good, Chattanooga, Tennessee, Pro Se.

John Ralston-Good, Chattanooga, Tennessee, Pro Se.

Judge: 
FRIERSON

STATE OF TENNESSEE EX REL. BETTY ANN TORRES (STONE) SPURLOCK v. CESAR G. TORRES

In this child support action, the respondent father, who resides in Texas, filed a motion seeking to vacate the trial court’s previous child support orders, alleging that the court had no personal jurisdiction over him. The State of Tennessee (“the State”), acting on behalf of the mother, asserted that the father had consented to the court’s exercise of personal jurisdiction by previously seeking administrative review of the child support award. The trial court agreed, determining that its exercise of personal jurisdiction was proper. The father has appealed.

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Attorney 1: 

Vanessa Saenz and Justin A. Schober, Nashville, Tennessee, for the appellant, Cesar G. Torres.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Brian A. Pierce, Assistant Attorney General, for the appellee, State of Tennessee ex rel. Betty Ann Torres (Stone) Spurlock.

Judge: 
FRIERSON

TYSHEKA BARNETT v. B.F. NASHVILLE, INC. DBA WENDY’S OF NASHVILLE

Tysheka Barnett brought this action solely against her employer, B.F. Nashville, Inc., dba Wendy’s of Nashville, alleging that Wendy’s general manager, William Rogers, sexually harrassed her during her employment at a Wendy’s restaurant. After a four-day bench trial, the court found that plaintiff had not met her burden of proof to show that the sexual conduct between her and Rogers was unwanted, and, therefore, she was unable to show harassment.

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Attorney 1: 

Stephen Crofford and Mary Parker, Nashville, Tennessee, for the appellant, Tysheka Barnett.

Attorney 2: 

Richard C. Mangelsdorf, Jr. and Brian F. Walthart, Nashville, Tennessee, for the appellee, B.F. Nashville, Inc.

Judge: 
SUSANO

JOSHLIN RENEE WOODRUFF BY AND THROUGH DOROTHY COCKRELL, ET AL. v. ARMIE WALKER M.D., ET AL.

The plaintiffs, a mother and her child, filed this health care liability action in September 2015. The complaint alleged that both plaintiffs suffered permanent injuries resulting from the defendant health care providers’ negligent care during the child’s birth in June 2012. The defendants moved to dismiss the mother’s claims based on expiration of the one-year statute of limitations in Tennessee Code Annotated section 29-26-116(a)(1) and to dismiss the claims of both plaintiffs based on expiration of the three-year statute of repose in Tennessee Code Annotated section 29-26-116(a)(3).

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Attorney 1: 

Joe Bednarz, Sr. and Joe Bednarz, Jr., Hendersonville, Tennessee, for the appellants, Beverly Woodruff and Dorothy Cockrell.

Attorney 2: 

Marty R. Phillips and Craig P. Sanders, Jackson, Tennessee, for the appellee, Armie Walker.

Darrel E. Baker, Jr., Deborah Whitt, and M. Jason Martin, Memphis, Tennessee, for the appellees, Timothy Hutchinson, Michael Martindale, and Professional Anesthesia Associates, P.C.

Jennifer S. Harrison, James E. Looper, Jr., and Lauren Dunavin Callins, Memphis, Tennessee, for the appellee, Elliott Clifton Roberts, Jr.

Dixie W. Cooper and Kaycee L. Weeter, Nashville, Tennessee, for the appellees, Nathan John Hoeldtke and Mid-South Perinatal Associates, P.C.

Patrick W. Rogers, Jackson, Tennessee, for the appellees, West Tennessee OB-GYN Services aka West Tennessee OB-GYN Clinic, Jackson-Madison County General Hospital District, West Tennessee Healthcare, Inc., Anna McIntyre, Kara Carter, Lisa L. Johnson, Jessica Perry, and Dena Etheridge.

Judge: 
GOLDIN

TIMOTHY ROBERSON v. CHERRY LINDAMOOD, ET AL.

An inmate in the custody of the Tennessee Department of Correction filed this lawsuit against three prison employees seeking to recover certain personal property. The trial court dismissed the lawsuit without prejudice based on the inmate’s failure to comply with Tennessee Code Annotated section 41-21-805, which requires inmates wanting to proceed in forma pauperis to submit to the trial court a complete list of every previous lawsuit or claim filed by the inmate. Discerning no error, we affirm.

Attorney 1: 

Timothy Roberson, Clifton, Tennessee, Pro se.

Attorney 2: 

James I. Pentecost, J. Austin Stokes, and Jonathan D. Buckner, Jackson, Tennessee, for the appellees, Cherry Lindamood, Bruce L. Woods, and Wanda Spears.

Judge: 
GOLDIN

IN RE LENA G.

This is a termination of parental rights case involving the child, Lena G. (“the Child”), who was fifteen years of age at the conclusion of trial. On October 8, 2013, the Washington County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children’s Services (“DCS”). The Child was immediately placed in foster care, where she has remained since that date. Following a hearing, the trial court entered an order on June 11, 2014, adjudicating the Child dependent and neglected in the care of the parents.

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Attorney 1: 

Joseph O. McAfee, Greeneville, Tennessee, for the appellant, Teddy G.

Attorney 2: 

Robert Black, Kingsport, Tennessee, for the appellant, Sherry G.

Herbert H. Slatery, III, Attorney General and Reporter, and Brian A. Pierce, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Rachel Ratliff, Johnson City, Tennessee, Guardian Ad Litem.

Michelle Caggiano, Johnson City, Tennessee, Attorney Ad Litem.

Judge: 
FRIERSON

TONY FRANK ET AL. v. RONNIE FIELDS

This case involves a claim of undue influence against an attorney-in-fact for his role in changing bank accounts and certificates of deposit owned by the principal to be payable on death to the attorney-in-fact. The principal, or decedent in this action, died at the age of ninety-five in January 2012. The decedent was survived by two nieces and three nephews, one of whom, the defendant, was the decedent’s attorney-in-fact and the personal representative of his estate.

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Attorney 1: 

J. Lewis Kinnard, Madisonville, Tennessee, and Keith McCord, Knoxville, Tennessee, for the appellants, Tony Frank, Joyce Dodd, and Teresa Hipps.

Attorney 2: 

John W. Cleveland, Sr., Sweetwater, Tennessee, and Doris A. Matthews, Madisonville, Tennessee, for the appellee, Ronnie Fields.

Judge: 
FRIERSON