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Posted by: Tanja Trezise on Jun 12, 2020

This appeal concerns whether certain easements were abandoned. John E. Coolidge, Jr. (“Mr. Coolidge”) is a neighbor of Elizabeth M. Keene (“Ms. Keene”) and Christopher P. Keene, II (“Mr. Keene”) (“the Keenes,” collectively). Pursuant to recorded easements, the Keenes may use a driveway to access an old garage encroaching on Mr. Coolidge’s property. However, the garage was damaged by fire many years ago and never repaired or rebuilt by the Keenes’ predecessors. When the Keenes sought to repair or rebuild the garage, Mr. Coolidge sued them in the Chancery Court for Hamilton County (“the Trial Court”). Mr. Coolidge argued that both the driveway and encroachment easements had been abandoned, largely because the garage was in ruins for such a long time. A bench trial was held. The Trial Court found that, notwithstanding the passage of time, the easements had not been abandoned, and the Keenes could proceed with their plans. Mr. Coolidge appeals, and the Keenes raise their own issues as well. Discerning no reversible error, we affirm the judgment of the Trial Court in all respects.

Posted by: Tanja Trezise on Jun 12, 2020

The employee alleged a bag of dog food fell on her at work, resulting in injuries to her neck and shoulder. Following an expedited hearing, the trial court determined that the opinion of the authorized treating physician was sufficient to establish that the employee would likely prevail at a hearing on the merits and ordered the employer to provide a panel of physiatrists for nonoperative treatment for her cervical strain as recommended by the authorized physician. The trial court additionally determined that the employee was entitled to eighteen days of temporary disability benefits. The employer has appealed. We find no merit in the issues raised by the employer, and we affirm the trial court’s determination and remand the case.

Posted by: Tanja Trezise on Jun 12, 2020

We granted permission to appeal in this case to address when an employee handbook may create a property interest entitled to due process protection. After the petitioner municipal firefighter pled guilty to a criminal charge, his employment was terminated. The firefighter filed a complaint for judicial review of the termination, asserting a due process claim based on the municipality’s personnel manual. The trial court and the Court of Appeals both held that the personnel manual gave the firefighter a property interest entitled to due process protection. We reverse that holding. In Tennessee, employment is presumed to be at-will. Employers, including governmental employers, may adopt policies and procedures to promote efficiencies and fair, consistent treatment of employees, and may put those policies and procedures in employee manuals or handbooks. In the absence of specific language showing the employer’s intent to be contractually bound, such policies and procedures do not change employees’ at-will status and do not create a constitutionally protectable property interest. In this case, the municipality’s personnel manual included an explicit statement that the municipality did not intend the procedures to be binding or constitute any type of contract. Such disclaimers preclude any finding that the employer intended to be bound by the terms of the employee handbook. Accordingly, we decline to hold that the employee handbook converted the employee’s at-will employment into a property interest entitled to due process protection.

Posted by: Tanja Trezise on Jun 12, 2020

The question presented in this health care liability case is whether the plaintiff’s claim against a salon for negligent training, supervision, and retention of a massage therapist should be dismissed because the plaintiff did not file a certificate of good faith with her complaint under section 29-26-122 of the Tennessee Health Care Liability Act (“the Act”). Our answer depends on whether the common knowledge exception applies— that is, whether laypersons using their common knowledge and without expert testimony could decide whether the salon was negligent. If the common knowledge exception does not come into play and expert testimony is necessary, then the plaintiff needed to file a certificate of good faith with her complaint certifying that her negligence claim was supported by a competent expert witness and that there was a good faith basis for the claim. Here, the plaintiff alleged that a massage therapist working for the salon sexually assaulted her during a massage. In support of her claim of negligent training, supervision, and retention, the plaintiff presented evidence that before her assault, the salon had received complaints from two customers that the massage therapist had acted inappropriately and made them feel uncomfortable. The trial court granted summary judgment to the salon because the plaintiff had not filed a certificate of good faith. The Court of Appeals affirmed, ruling that the plaintiff had waived the common knowledge exception and that, in any event, expert testimony was necessary. We reverse and hold that 1) the plaintiff did not waive the common knowledge exception; and 2) the plaintiff’s claim against the salon for negligent training, supervision, and retention of the massage therapist was within the common knowledge of laypersons and did not require expert testimony about the standard of care in the massage industry. Thus, the plaintiff did not have to present expert proof to establish her negligence claim against the salon. It follows then that the plaintiff had no reason to file a certificate of good faith under section 29-26- 122, and her claim is not subject to dismissal for noncompliance with this section. The trial court’s award of summary judgment is vacated.

Posted by: Tanja Trezise on Jun 10, 2020

The Defendant, Terry Bradford Whitaker, was convicted by a Hardin County Circuit Court jury of premeditated first-degree murder and sentenced to life imprisonment. On appeal, he argues that the trial court erred in denying his motion to suppress DNA evidence and that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jun 10, 2020

The Defendant, Kimberly Ann Lennon, was convicted by a Henderson County Circuit Court Jury of driving under the influence, a Class A misdemeanor. See T.C.A. § 55-10- 401 (2017). The trial court sentenced her to eleven months and twenty-nine days at 75% service, to be served on probation, supervised by the community corrections program, after two days’ jail service. On appeal, the Defendant contends that the evidence is insufficient to support her conviction. We affirm the judgment of the trial court, and we remand the case for correction of a clerical error on the judgment form.

Posted by: Tanja Trezise on Jun 10, 2020

The Petitioner, Marvin T. Dickerson, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel in various matters related to his sentencing. After review, we affirm the denial of the petition.

Posted by: Tanja Trezise on Jun 10, 2020

Pro se petitioner, Arturo Cardenas, Jr., appeals the summary dismissal of his “Petition for Writ of Habeas Corpus and/or Post Conviction Relief.” Upon our review, we affirm.

Posted by: Tanja Trezise on Jun 10, 2020
The maker of three promissory notes claims that the third promissory note was intended to consolidate and discharge the earlier notes. When the holders of the two earlier notes filed suit to collect, the maker raised discharge as a defense. The trial court granted the maker summary judgment. Because the maker failed to meet her burden to show that she was entitled to judgment as a matter of law, we reverse.
Posted by: Tanja Trezise on Jun 5, 2020

The defendant, Melvin Terry, appeals the order of the trial court revoking his probation and ordering him to serve his original ten-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed.


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