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Today's Opinions

• TN Workers Comp Appeals Board (1)
• TN Court of Appeals (3)
• TN Court of Criminal Appeals (1)
• 6th Circuit Court (Published Opinions) (1)

VICKI PILLOW v. STATE OF TENNESSEE

Head Comment: Page 9 missing from original attachment. Attachment now has all pages.

Court: TN Workers Comp Appeals

Attorneys:

Steven Fifield and Samuel C. Wright, Hendersonville, Tennessee, for the appellant, Vicki Pillow.

Herbert H. Slatery III, Attorney General and Reporter; Amanda S. Jordan, Senior Assistant Attorney General, for the appellee, State of Tennessee - Civil.

Judge(s): BIVINS

An employee sustained severe injuries when she was run over by a public transit bus on her way to work. The employer denied the employee’s workers’ compensation claim, and she filed a complaint with the Tennessee Claims Commission. Both parties filed competing motions for summary judgment on the issue of whether the employee was within the course and scope of her employment when the injury occurred. The Claims Commission answered the question in the negative and determined that the case was subject to the “coming and going” rule. Therefore, the Claims Commission granted summary judgment in favor of the employer. Upon our review of the record and applicable case law, we affirm the decision of the Claims Commission.

pillowv_CORR_121520.pdf

TIMOTHY A. BAXTER v. JENNIFER D. ROWAN

Head Comment: ARMSTRONG filed a separate concurring opinion.

Court: TN Court of Appeals

Attorneys:

Mary Jo Middlebrooks, Jackson, Tennessee, for the appellant, Jennifer D. Rowan.

Timothy Aaron Baxter, Hartsville, Tennessee, Pro se.

Judge(s): GOLDIN

This case involves an unwed father’s right to visitation with his minor child. After an initial denial of Father’s request for visitation, the trial court later granted Father and Father’s mother visitation rights following the filing of a Rule 60 motion. In granting relief, the trial court found that Father had standing, having previously executed a voluntary acknowledgment of paternity. Mother filed a timely appeal arguing that the trial court erred in granting Father relief. Notably, Mother contested Father’s standing to sue for visitation, arguing that the voluntary acknowledgment of paternity did not vest Father with standing to sue. For the reasons contained herein, we affirm in part and vacate in part the trial court’s order granting Father relief. Further, we reverse the portion of the trial court’s order granting visitation rights to Father’s mother.

baxtert_121520.pdf

baxtert_CON_121520.pdf

IN RE ESTATE OF JESSIE J. LAKE

Court: TN Court of Appeals

Attorneys:

Matthew C. Edwards, Bolivar, Tennessee, for the appellant, Eloise Cosey.

M. Matthew Thornton and Jennifer L. Sneed, Memphis, Tennessee, for the appellee, Estate of Jessie J. Lake.

Judge(s): ARMSTRONG

The administrator of Appellee estate filed a declaratory judgment action against Geneva Cosey, seeking to quiet title to real property owned by decedent. Geneva Cosey died during the trial court proceedings, and the administrator filed a suggestion of death. However, neither party filed a substitution of party. As such, the trial court granted a default judgment in favor of the estate (and the administrator as the sole heir) on the declaratory judgment action. Tenn. R. Civ. P. 25.01. Thereafter, Geneva Cosey’s daughter, Eloise Cosey, filed an appeal to this Court. The notice of appeal was brought in the name of Geneva Cosey, deceased, and Eloise Cosey, as Geneva Cosey’s next of kin. The notice was signed and submitted by attorney Matthew Edwards. Because neither Eloise Cosey nor Mr. Edwards satisfy the standing requirement under Tennessee Rule of Appellate Procedure 19(a), the notice of appeal is ineffective and the appeal is dismissed.

lakej_121520.pdf

ZARMINA FOLAD ET AL. v. QUILLCO, LLC D/B/A THE BOTTLE SHOP AT MCEWEN ET AL.

Court: TN Court of Appeals

Attorneys:

Stanley A. Davis, Nashville, Tennessee, for the appellants, Zarmina Folad, and Tony Folad.

E. Reynolds Davies, Jr., Nashville, Tennessee, for the appellee, QUILLCO, LLC, d/b/a The Bottle Shop at McEwen.

Judge(s): GOLDIN

This appeal concerns injuries allegedly caused by dogs running loose and the application of Tennessee Code Annotated section 44-8-413. Under this statute, the “owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large.” Tenn. Code Ann. § 44-8-413(a)(1). “A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.” Id. The trial court granted summary judgment in favor of the Appellee/Defendant, an LLC, where the dogs had been kept prior to the incident, as to an alleged violation of section 44-8-413, holding that the Appellee/Defendant never assumed ownership of the dogs at the center of this dispute. For the reasons stated herein, we reverse the trial court’s entry of summary judgment on this issue.

foladz_121520.pdf

PATRICK WADRI v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Brooke E. Howlett, Nashville, Tennessee, for the appellant, Patrick Wadri.

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Assistant Attorney General; Kim Helper, District Attorney General; and Carlin Hess, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Petitioner, Patrick Wadri, entered an open plea in the General Sessions Court of Williamson County to two counts of driving on a suspended license, one count of use of a stolen license plate, and one count of failure to appear. The General Sessions Judge imposed an effective sentence of eleven months and twenty-nine days, suspended to probation after the service of thirty days in incarceration. Petitioner subsequently sought post-conviction relief on the basis that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntary. After a thorough review, we affirm the judgment of the post-conviction court.

wadrip_121520.pdf

RICHARD “RIP” HALE v. MORGAN STANLEY SMITH BARNEY LLC

Court: 6th Circuit Court (Published Opinions)

Attorneys:

ARGUED: Peter K. Newman, THE NEWMAN LAW GROUP LLC, Dayton, Ohio, for Appellant.

ARGUED: Tracy L. Gerber, GREENBERG TRAURIG, LLP, West Palm Beach, Florida, for Appellee.

ON BRIEF: Peter K. Newman, THE NEWMAN LAW GROUP LLC, Dayton, Ohio, for Appellant.

ON BRIEF: Tracy L. Gerber, Beth A. Black, GREENBERG TRAURIG, LLP, West Palm Beach, Florida, Brigid F. Cech Samole, GREENBERG TRAURIG, P.A., Miami, Florida, for Appellee.

Judge(s): COLE, Chief Judge; DONALD and READLER, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Dayton

BERNICE BOUIE DONALD, Circuit Judge. Dissatisfied with several disciplinary actions taken against him at work, Plaintiff Richard “Rip” Hale sought recourse against his employer, Defendant Morgan Stanley Smith Barney LLC, d/b/a Morgan Stanley Wealth Management (“Morgan Stanley”), through arbitration. When this arbitration was unsuccessful, Hale filed suit in district court, seeking to vacate the arbitration award pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq. The district court never reached the merits of Hale’s claims however, finding that it lacked subject-matter jurisdiction. Because we find that diversity jurisdiction has been satisfied, we REVERSE and REMAND.

haler_121520.pdf