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Posted by: Tanja Trezise on Aug 14, 2014

Plaintiffs brought this action against Rutherford County when the county prohibited them from building a home on undeveloped property because the property was below the Base Flood Elevation requirements established by the county. Plaintiffs contend the county had an affirmative duty under Article XIX, Section 19, of the Rutherford County Zoning Resolution to notify them, prior to their purchase of the property, that the property was below the Base Flood Elevation requirements, and the county breached that duty.

Posted by: Tanja Trezise on Aug 14, 2014

Former teacher filed suit against the Metropolitan Nashville Public Schools alleging retaliatory discharge in violation of the Tennessee Public Protection Act and retaliation under the Tennessee Human Rights Act. The trial court granted defendants’ motion to dismiss when the teacher failed to file a response or appear at the hearing on the motion. Teacher’s motion for relief from judgement pursuant to Tenn. R. Civ. P.

Posted by: Tanja Trezise on Aug 13, 2014

A Cumberland County Criminal Court Jury convicted the appellant, Danny Ray Smith, of one count of rape of a child, and the trial court sentenced him to twenty-five years to be served at 100%.

Posted by: Tanja Trezise on Aug 13, 2014

The Defendant, Michael Lynn Horn, was found guilty of attempted second-degree murder, reckless endangerment, and felony evading arrest. The trial court sentenced the Defendant to serve twenty years for the attempted second-degree murder conviction, four years for the felony evading arrest conviction, and eleven months and twenty-nine days for the reckless endangerment conviction, for a total effective sentence of twenty years in the Tennessee Department of Correction.

Posted by: Tanja Trezise on Aug 13, 2014

Landowner filed a petition for writ of certiorari in the Chancery Court of Shelby County, seeking review of the City of Memphis City Council’s decision to deny the landowner’s petition to subdivide his Belle Meade Subdivision lot into two lots. The trial court reversed the City Council’s decision, finding that the landowner had satisfied the requirements for subdivision under the Uniform Development Code, and remanded the case for rehearing before the City Council. On remand, the City Council’s review was limited to the record established at the previous hearing.

Posted by: Tanja Trezise on Aug 12, 2014

The defendant appeals a jury verdict of guilty of aggravated burglary and theft, alleging the evidence was insufficient as a matter of law. The defendant also alleges the trial court imposed an excessive sentence. Finding no error, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Aug 12, 2014

This case arises from a personal injury lawsuit in which a plaintiff sought damages for injuries she sustained in a car accident. The defendant driver requested documents from plaintiff’s healthcare provider. The healthcare provider failed to produce all of the requested documents and was held in civil contempt. As sanctions, the trial court, inter alia, discharged the healthcare provider’s fees for medical services charged to the plaintiff and held the provider in violation of certain chiropractic regulations.

Posted by: Tanja Trezise on Aug 11, 2014

The employee suffered bilateral shoulder injuries in January and March of 2008. After undergoing separate surgeries on each shoulder, the employee agreed to a voluntary buyout of his employment. Later, he filed suit for workers’ compensation benefits. The trial court awarded temporary total disability benefits and assessed a 90% permanent partial disability award after determining that the employee’s permanent partial disability benefits were not capped at one and one-half times the impairment rating.

Posted by: Tanja Trezise on Aug 11, 2014

An employee sustained a work-related injury to her back while working as a nursing assistant for her employer. The employee received medical care, returned to work, but experienced pain in performing her job. Two years later, the employee resigned, citing back pain related to her work. After an unsuccessful Benefit Review Conference, the employee filed an action for workers’ compensation benefits.


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