JOSEPH BAKER, ET AL. v. AMANDA LYNN SMITH A/K/A AMANDA MITCHELL - Articles

All Content

JOSEPH BAKER, ET AL. v. AMANDA LYNN SMITH A/K/A AMANDA MITCHELL

Posted by: Azya Thornton on Sep 26, 2025

Court: TN Court of Appeals

Attorneys 1: Amanda Lynn Mitchell, pro se, Knoxville, Tennessee, appellant.

Attorneys 2: H. Stephen Gillman and Mikaela M. Smith, Knoxville, Tennessee, for the appellee, Joseph Baker.

Judge(s): MCCLARTY

The plaintiff entered into an agreement with a company to make certain improvements to his existing home. According to the plaintiff, the construction done at the house was only partially completed and that work was improperly and negligently performed. In his complaint, the plaintiff alleged, inter alia, breach of contract, negligence, fraud and intentional misrepresentation, and conversion. The plaintiff averred that the acts of the home improvement company should be imputed to the defendant under the doctrine of respondeat superior; in the alternative, he alleged that the defendant was in a partnership or joint venture with the home improvement company. The trial court entered an order of default against the defendant after she was served but failed to appear or file a responsive pleading until after a default judgment had been entered. The trial court denied the defendant’s motion seeking to set aside the default judgment. The defendant appeals. After review, we affirm the judgment of the trial court.

Attachments: