TN Court of Appeals

BRITTANY NICOLE VANDYKE v. BROOKE E. FOULK, M.D., ET AL.

This is a medical malpractice action in which the plaintiff filed suit against the hospital and her physicians following the death of her newborn son hours after his delivery. The case proceeded to a jury trial. The jury found in favor of the defendants. Following the denial of post-trial motions, the plaintiff appeals, claiming the trial court erred in excluding testimony and when it gave a jury instruction on the sudden emergency doctrine. We reverse and remand for a new trial.

Attorney 1: 

Mark T. Hurt, Abingdon, Virginia, for the appellant, Brittany Nicole VanDyke.

Attorney 2: 

Charles T. Herndon, IV, Elizabeth M. Hutton, and Stephanie E. Stuart, Johnson City, Tennessee, for the appellees, Medical Education Assistance Corporation, Brooke Elliott Foulk, M.D., and Howard Ernest Herrell, M.D.

Frank H. Anderson, Jr., Johnson City, Tennessee, for the appellee, Mountain States Health Alliance d/b/a Johnson City Medical Center.

Judge: 
MCCLARTY

SHAY SIMPSON, ET AL. v. NATIONAL FITNESS CENTER, INC., ET AL.

This appeal arises from a lawsuit filed by plaintiffs Shay and Brian Simpson (“the Simpsons,” collectively, or “Ms.” or “Mr. Simpson,” respectively) against defendants National Fitness Center, Inc. and National Fitness Center, LLC (“National Fitness,” collectively). Ms. Simpson and National Fitness orally contracted to allow the Simpsons “a couple of weeks” additional time to consider whether to cancel their club membership. After more than two weeks elapsed, the Simpsons elected to cancel but National Fitness refused to accept the cancellation.

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Attorney 1: 

Stanley F. Roden, Knoxville, Tennessee, for the appellants, National Fitness Center, Inc., and National Fitness Center, LLC.

Attorney 2: 

Katherine Sanford Goodner and Brady C. Cody, Knoxville, Tennessee, for the appellees, Shay Simpson and Brian Simpson.

Judge: 
SWINEY

JIMMY NEWELL v. RICHARD MONTGOMERY, ET AL.

The petitioner sought a writ of certiorari seeking redress for the respondents’ failure to schedule an initial parole hearing prior to his release eligibility date. The trial court dismissed the petition as moot, finding that a parole hearing was conducted following the filing of the petition and that any challenge relating to the parole hearing was untimely. The petitioner appeals. We affirm.

Attorney 1: 

Jimmy Newell, Hartsville, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Andrée S. Blumstein, Solicitor General, Nashville, Tennessee, for the appellees, the Tennessee Board of Parole; the Tennessee Department of Correction; Richard Montgomery, Chairman of the Tennessee Board of Parole; and Derrick Schofield, Commissioner of the Tennessee Department of Correction.

Judge: 
MCCLARTY

KEVIN J. MAMON V. GEICO INDEMNITY INSURANCE COMPANY, ET AL.

Plaintiff appeals the dismissal of his claims against all three defendants and the award of $400 to defendant Master Muffler on its counterclaim following a bench trial. We affirm the trial court in all respects.

Attorney 1: 

Kevin J. Mamon, Michigan City, Indiana, pro se.

Attorney 2: 

Joshua G. Offutt and Jennifer P. Ogletree, Nashville, Tennessee, for the appellee, Master Muffler.

Judge: 
CLEMENT

IN RE LEYNA A.

The parents of a minor child filed a petition to change the first and middle names of their child but not the surname. The trial court denied the petition without a hearing on the ground: “The Petition fails to state a valid reason for the name change, especially in light of the fact that Petitioners seek to change someone else’s name.” The parents filed a motion to alter or amend the judgment.

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Attorney 1: 

Elizabeth Noel Sitgreaves and Thomas H. Castelli, Nashville, Tennessee, for the appellants, Mark and Lynda A.

Judge: 
CLEMENT

IN RE ESTATE OF CHRISTINA MARIE COTTEN

The personal representative, on behalf of the decedent’s estate, brought this negligence action against the defendant based, inter alia, on the defendant’s alleged acts of displaying and failing to properly store and prevent accessibility to the firearm with which the decedent ultimately committed suicide. The trial court granted summary judgment in favor of the defendant, determining that he owed no duty of care to the decedent and that her suicide was an independent, intervening cause that broke the chain of causation. The estate has appealed.

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Attorney 1: 

H. Douglas Nichol, Knoxville, Tennessee, and John Chadwick Long, Gallatin, Tennessee, for the appellant, Benjamin Shea Cotten, as Personal Representative of the Estate of Christina Marie Cotten.

Attorney 2: 

Christopher M. Jones and Britney K. Pope, Nashville, Tennessee, for the appellee, Dr. Jerry Scott Wilson.

Judge: 
FRIERSON

DIALYSIS CLINIC, INC., ET AL v. KEVIN MEDLEY, ET AL

Appellant appeals the denial of its Tennessee Rule of Civil Procedure 24 motion to intervene in the underlying lawsuit. Because the order appealed is not final, this Court has no subject-matter jurisdiction to hear the appeal. Tenn. R. App. P. 3(a). Appeal dismissed.

Attorney 1: 

L. Vincent Williams, Nashville, Tennessee, for the appellant, Outloud! Inc..

Attorney 2: 

Peter C. Sales and Frankie N. Spero, Nashville, Tennessee, for the appellee, Dialysis Clinic, Inc.; L. Vincent Williams, Nashville, Tennessee, for the appellees, Canvas Lounge, 3 Entertainment Group, LLC, Kevin E. Medley, and Kevin Medley, LLC; Samuel L. Felker, Memphis, Tennessee, for appellee Outcentral, Inc.

Judge: 
ARMSTRONG

SHAYLA LEANNE GUY BRANTLEY V. CORDARY QUINCY VERNARD BRANTLEY

In this divorce action, Father contends the trial court erred by adding substantive restrictions to the parties’ agreed upon Permanent Parenting Plan that, inter alia, imposed “paramour” and “lifestyle” restrictions on Father that were not imposed on Mother. We have determined that the trial court unilaterally imposed substantive and material restrictions on Father’s activities during his parenting time without affording him an evidentiary hearing.

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Attorney 1: 

Morgan E. Smith, Nashville, Tennessee, for the appellant, Cordary Quincy Vernard Brantley.

Attorney 2: 

Shayla Leanne Guy Brantley, Gallatin, Tennessee, pro se.

Judge: 
CLEMENT

IN RE SETH B., ET AL.

This is a termination of parental rights case. Mother/Appellant appeals the termination of her parental rights to the minor children on the grounds of: (1) abandonment by an incarcerated parent by wanton disregard; (2) abandonment by willful failure to provide a suitable home; (3) failure to substantially comply with the reasonable requirements of the permanency plan; and (4) persistence of the conditions that led to the children’s removal from Mother’s home. Mother also appeals the trial court’s finding that termination of her parental rights is in the children’s best interests.

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Attorney 1: 

Robert L. Huddleston, Maryville, Tennessee, for the appellant, Antwoine O.; and Elizabeth A. Brady, Sevierville, Tennessee, for the appellant, Elizabeth E.

Attorney 2: 

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

Judge: 
ARMSTRONG

KATHLEEN J. SCOBEY V. TODD B. SCOBEY

In this post-divorce action, Wife filed a Petition for Civil Contempt and Other Relief, including a request to recover her attorney’s fees, alleging Husband violated five provisions in the marital dissolution agreement (MDA). Husband denied the allegations and filed a separate petition to decrease his child support obligation, which Wife opposed. Before trial, but after protracted proceedings, Husband complied with three provisions in the MDA, leaving two to be decided by the court.

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Attorney 1: 

G. Kline Preston, IV, Nashville, Tennessee, for the appellant, Todd B. Scobey.

Attorney 2: 

Jacqueline B. Dixon, Nashville, Tennessee, for the appellee, Kathleen J. Scobey.

Judge: 
CLEMENT