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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Andrea Taylor McKellar, Nashville, Tennessee, for the appellant, Anesthesia Medical Group, P.C.

Kaz Kikkawa, William A. Blue, Jr., Nashville, Tennessee, for the appellee, Pamela Greer Chandler


The plaintiff medical group loaned money to the defendant nurse for tuition at a school that trained its students to become nurse anesthetists. As part of the arrangement, the student promised to work for the group for three years after graduation. Seven months prior to graduation, the student notified the group that she would not be able to work for it upon completion of her training. She paid the loan back with interest, but the medical group filed suit to enforce a $15,000 liquidated damages clause in the loan contract. The student then filed a motion for summary judgment, which the trial court granted. The court held that the sum demanded constituted an impermissible penalty rather than a valid provision for liquidated damages and, thus, that it was unenforceable as a matter of law. We reverse the grant of summary judgment to the student and affirm the denial of summary judgment to the medical group because we find that the undisputed facts do not show that either party is entitled to judgment as a matter of law.



Court: TCA


Alan Mark Turk of Brentwood, Tennessee For Appellant, Rose Marie Purcell Flowers (Claypool)

L. Robert Grefseng of Columbia, Tennessee For Appellee, Janice Flowers


This case involves a dispute between the former wife of the decedent and the widow of the decedent over the proceeds of certain retirement accounts of the decedent. The dispute arises from a property settlement agreement incorporated in the final decree of divorce between decedent and his former wife on the one hand and a antenuptial agreement and property settlement agreement between decedent and his widow on the other hand. The trial court awarded former wife a portion of the life insurance policy and two of the decedent's retirement plans and awarded the widow part of the insurance proceeds and the proceeds of a Wal-Mart profit sharing account. Former wife has appealed, and both parties present issues for review. We reverse in part, affirm in part, modify in part and remand.



Court: TCA


Alan Mark Turk, Brentwood, Tennessee, for the appellants, Tommy F. Gragg, Jr., and Rhonda E. Gragg

Philip C. Kelly and Gwynn K. Smith, Gallatin, Tennessee, for the appellee, Moss Service & Supply, Inc.


The defendants, homeowners, appeal an adverse jury verdict wherein the plaintiff, a heating, ventilation and air conditioning contractor, was awarded breach of contract damages plus discretionary costs. Finding no error, we affirm.



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