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Posted by: Karen Belcher on Nov 5, 2018

A motor vehicle accident on the roadway abutting a truck stop resulted in the death of the plaintiff’s husband. The driver of the vehicle turning left into the truck stop was using the entrance meant for semi-trailer trucks and had a limited view of oncoming traffic due to a hill that crested a short distance ahead. The plaintiff filed a negligence claim against the truck stop owners and operators, asserting they created a hazardous condition by failing to place visible signage on their property directing passenger vehicles to the appropriate entrance.

Posted by: Karen Belcher on Nov 5, 2018

Plaintiff appeals the trial court’s order granting summary judgment to the defendant on a premises liability claim. Because the plaintiff offered no evidence to support an essential element of her premises liability claim at the summary judgment stage, we affirm.

Posted by: Karen Belcher on Nov 5, 2018

Ex-husband filed a petition for modification of alimony of $1,000 each month to ex-wife, claiming a material and substantial change in circumstances. Ex-wife filed a counter petition to increase the alimony. The trial court found that neither party met their burden of proof and awarded attorney’s fees to the ex-wife for the expense of defending ex- husband’s petition. Ex-husband subsequently filed two motions to alter or amend. The trial court denied both of these motions and awarded additional attorney’s fees to ex-wife for defending the motions. Ex-husband timely appeals. We affirm.

Posted by: Karen Belcher on Nov 5, 2018
Posted by: Karen Belcher on Oct 22, 2018

Below are the materials for the October Board of Governors Meeting for the TBA staff attending the meeting.

Posted by: Karen Belcher on Oct 12, 2018

This appeal arises from a dispute over an automobile purchase. Robert Sawyers, Sr. (“Plaintiff”) filed a claim against E & R Auto Sales, Inc. (“Defendant”) in the General Sessions Court for Davidson County (“the General Sessions Court”) alleging that Defendant sold him a problem-riddled vehicle and seeking $13,000 in damages. The General Sessions Court dismissed Plaintiff’s action. Plaintiff appealed to the Circuit Court for Davidson County (“the Trial Court”). The Trial Court dismissed a counter- claim filed by Defendant and awarded Plaintiff $350.00.

Posted by: Karen Belcher on Oct 12, 2018

This appeal arises from a dispute over an automobile purchase. Robert Sawyers, Sr. (“Plaintiff”) filed a claim against E & R Auto Sales, Inc. (“Defendant”) in the General Sessions Court for Davidson County (“the General Sessions Court”) alleging that Defendant sold him a problem-riddled vehicle and seeking $13,000 in damages. The General Sessions Court dismissed Plaintiff’s action. Plaintiff appealed to the Circuit Court for Davidson County (“the Trial Court”). The Trial Court dismissed a counter- claim filed by Defendant and awarded Plaintiff $350.00.

Posted by: Karen Belcher on Oct 12, 2018

A tenured teacher serving as an assistant principal was transferred to teach at an alternative school after the local director of schools learned that the teacher did not hold an administrator’s license. On appeal, the teacher asserts that the transfer was arbitrary and capricious where the director of schools did not comply with the law concerning when assistant principals are required to hold administrator’s licenses.

Posted by: Karen Belcher on Oct 12, 2018

HELENE N. WHITE, Circuit Judge. Petitioners-appellants John J. Machacek, Jr. (John Machacek) and Marianne Machacek (together, the Machaceks), a married couple, were the sole shareholders of John J. Machacek, Jr., Inc. (Machacek, Inc.), a corporation organized under Subchapter S of the Internal Revenue Code (an S corporation). John Machacek was also an employee of Machacek, Inc.

Posted by: Karen Belcher on Oct 12, 2018

HELENE N. WHITE, Circuit Judge. Petitioners-appellants John J. Machacek, Jr. (John Machacek) and Marianne Machacek (together, the Machaceks), a married couple, were the sole shareholders of John J. Machacek, Jr., Inc. (Machacek, Inc.), a corporation organized under Subchapter S of the Internal Revenue Code (an S corporation). John Machacek was also an employee of Machacek, Inc.


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