TN Court of Appeals

JAMES BATES v. STATE OF TENNESSEE

The plaintiff is an inmate who filed a claim with the Claims Commission after the Tennessee Department of Correction made the determination that inmates were prohibited from possessing small electric heating appliances known as “hotpots.” He sought compensation for the loss of his hotpot under the Takings Clauses of the Tennessee and U.S. Constitutions. The Commission dismissed the plaintiff's claim because it did not have subject matter jurisdiction over takings claims involving only personal property. See Tenn. Code Ann.

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Attorney 1: 

James Bates, Mountain City, Tennessee, Pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Eric A. Fuller, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge: 
CLEMENT

IN RE GABRIELLA D.

With Dissenting Opinion by Stafford

This is a termination of parental rights case involving Gabriella D., who was age seven at the time of trial. The mother, Carla D. ("Mother"), and the father, Julius D. ("Father"), have three children currently involved in termination actions: Chance D., Gabriella D., and Jude D. (collectively, "the Children"). Mother and Father have an extensive history with child welfare agencies and the courts in both Tennessee and Georgia.

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Attorney 1: 

Susanne Lodico, Chattanooga, Tennessee, for the appellants, Karen P. and Thomas S.

Attorney 2: 

Rachel M. Wright, Hixson, Tennessee, for the appellee, Carla D.

Herbert H. Slatery, III, Attorney General and Reporter, and Rachel E. Buckley, Assistant Attorney General, for the appellee, Tennessee Department of Children‘s Services.

Judge: 
FRIERSON

JOAN STEPHENS, ET AL. v. HOME DEPOT U.S.A., INC., ET AL.

This case arises out of a workplace injury. The injured worker and her husband filed this lawsuit asserting various causes of action against numerous defendants. The trial court dismissed one of the defendants upon finding that the defendant was entitled to workers' compensation immunity. The trial court certified its order of dismissal as final pursuant to Tennessee Rule of Civil Procedure 54.02.

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Attorney 1: 

Constance F. Mann, Franklin, Tennessee, for the appellants, Joan Stephens and Doug Stephens.

Attorney 2: 

Richard E. Spicer and Lance William Thompson, Nashville, Tennessee, for the appellee, Bayer CropScience, LP.

Judge: 
GIBSON

DEBORAH LACY v. KEVIN MITCHELL, D.C., ET AL.

This appeal arises from the trial court’s dismissal of the plaintiff’s complaint based on her failure to comply with the pre-suit notice and certificate of good faith requirements of the Tennessee Health Care Liability Act (“THCLA”). On appeal, the plaintiff contends that she was not obligated to comply with the THCLA’s procedural requirements because her complaint did not assert a health care liability claim. Having reviewed the complaint, we conclude that it asserts two separate and distinct claims: one health care liability claim and one non-health care liability claim.

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Attorney 1: 

Deborah Lacy, Madison, Tennessee, Pro se.

Attorney 2: 

John F. Floyd and Daniel C. Todd, Nashville, Tennessee, for the appellees, Kevin Mitchell, D.C. and The Wellness Institute of Nashville, P.C.

Judge: 
GOLDIN

IN RE JUDE D.

With Dissenting Opinion by Stafford

This is a termination of parental rights case involving Jude D., who was age five at the time of trial. The mother, Carla D. ("Mother"), and the father, Julius D. ("Father"), have three children currently involved in termination actions: Chance D., Gabriella D., and Jude D. (collectively, "the Children"). Mother and Father have an extensive history with child welfare agencies and the courts in both Tennessee and Georgia.

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Attorney 1: 

Susanne Lodico, Chattanooga, Tennessee, for the appellants, Karen P. and Thomas S.

Attorney 2: 

Rachel M. Wright, Hixson, Tennessee, for the appellee, Carla D.

Herbert H. Slatery, III, Attorney General and Reporter, and Rachel E. Buckley, Assistant Attorney General, for the appellee, Tennessee Department of Children‘s Services.

Judge: 
FRIERSON

BRYAN R. HANLEY v. TURNEY CENTER DISCIPLINARY BOARD, ET AL.

With Dissenting Opinion by Dinkins

An inmate was found guilty of possession of a deadly weapon when two knives were found in the door of his cell. After exhausting his administrative remedies, the inmate petitioned for a common law writ of certiorari asserting several issues relating to violations of due process and the Uniform Disciplinary Procedures. The trial court granted his petition, denied his discovery request, and dismissed the writ of certiorari. The inmate now appeals. Discerning no error, we affirm.

Attorney 1: 

Bryan R. Hanley, Only, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; Madeline Bertasi Brough, Assistant Attorney General, for the appellees, Turney Center Disciplinary Board, D. Epley, Johnny Qualls, Louanne Dickson, Debra Johnson, Derrick D. Schofield.

Judge: 
STAFFORD

IN RE EMILY M.

This appeal arises from the change in the designation of the primary residential parent and the modification of a residential parenting schedule. Mother appeals, contending that certain factual findings made by the court are unsupported by the record and that the court erred in restricting her parenting time. The court's findings are supported by the record and did not abuse its discretion in reducing Mother's parenting time; accordingly, we affirm the judgment.

Attorney 1: 

Guy R. Dotson, Jr. and John C. Taylor, Murfreesboro, Tennessee, for the appellant, Melissa I. (C.).

Attorney 2: 

Darrell L. Scarlett, Murfreesboro, Tennessee, for the appellee, Dalivus M.

Judge: 
DINKINS

DONALD CROCKETT, ET AL. v. SUMNER COUNTY BOARD OF EDUCATION, ET AL.

A thirteen year-old child slipped off bleacher seats at a middle school and injured his leg when he was using the seats as steps in July 2012. The child and his parents sued the school for negligence, and the school asserted the defense of comparative negligence. The trial court applied the Rule of Sevens, concluded the school rebutted the presumption of no capacity for negligence, and determined that the child was solely responsible for his injury. The trial court also determined that the school was not liable for negligent supervision of the child.

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Attorney 1: 

Donald Capparella and Sean Martin, Nashville, Tennessee, for the appellants, Donald and Melissa Crockett.

Attorney 2: 

Leah May Dennen, Gallatin, Tennessee, and A. Scott Derrick, Thomas B. Russell, and Sarah L. Blood, Nashville, Tennessee, for the appellee, Sumner County Board of Education.

Judge: 
BENNETT

IN RE CHANCE D.

With Dissenting Opinion by Stafford

This is a termination of parental rights case involving Chance D., who was age four at the time of trial. The mother, Carla D. ("Mother"), and the father, Julius D. ("Father"), have three children currently involved in termination actions: Chance D., Gabriella D., and Jude D. (collectively, "the Children"). Mother and Father have an extensive history with child welfare agencies and the courts in both Tennessee and Georgia.

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Attorney 1: 

Susanne Lodico, Chattanooga, Tennessee, for the appellants, Karen P. and Thomas S.

Attorney 2: 

Rachel M. Wright, Hixson, Tennessee, for the appellee, Carla D.

Herbert H. Slatery, III, Attorney General and Reporter, and Rachel E. Buckley, Assistant Attorney General, for the appellee, Tennessee Department of Children‘s Services.

Judge: 
FRIERSON

IN RE CANNON B.

This is an appeal by the appellant, Abigail T., from an order terminating her parental rights to her minor child. The order terminating the appellant’s parental rights was entered on July 19, 2016. The Notice of Appeal was not filed until August 19, 2016, more than thirty (30) days from the date of entry of the final order. The Attorney General, on behalf of the appellee, Tennessee Department of Children’s Services, has filed a motion to dismiss this appeal based upon the untimely filing of the Notice of Appeal.

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Attorney 1: 

Andrew E. Pate, Knoxville, Tennessee, for the appellant, Abigail T.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and W. Derek Green, Assistant Attorney General, General Civil Division, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Tara A. Henderlight, Knoxville, Tennessee, Guardian Ad Litem.

Judge: 
MCCLARTY