Court of Appeals Opinions

Format: 01/28/2020
Format: 01/28/2020
2000-00197-COA-R3-CV
Authoring Judge:
Trial Court Judge: Pat Hess
Anderson County Court of Appeals 05/25/01
Debra Smith vs. EZ Pawn Co., et al
E2000-02741-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: William E. Lantrip
This is a suit by Debra Smith seeking damages against EZ Pawn Company and others because of sexual harassment visited upon her by James Cameron, the owner of the company. The Trial Court found that her claim under the Tennessee Human Rights Act and under the Malicious Harassment Statute were barred by the applicable statute of limitations. We affirm.
Anderson County Court of Appeals 05/10/01
State Farm Ins. Co. vs. Charles Schubert, et al
E2000-02054-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James B. Scott, Jr.
State Farm Insurance Company filed a declaratory judgment action seeking a determination as to its liability under the uninsured motorist ("UM") coverage of an automobile insurance policy issued to Charles Schubert. Schubert and his wife had obtained judgments against an uninsured motorist totaling $330,000. Of this amount, Schubert was awarded $260,000 for his injuries. His wife, Clara Schubert, was awarded $70,000 for loss of consortium. At the time of the automobile accident that gave rise to the underlying claims, Schubert was acting within the course and scope of his employment; as a result of his injuries, he received workers' compensation benefits of $89,518.08. We are asked to decide how much of the UM single-person coverage limit of $100,000 is payable in view of the language of the following provision of the policy as it applies to the UM coverages:
Anderson County Court of Appeals 03/30/01
Jim Vines vs. David Gibson
E2000-02257-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James B. Scott, Jr.
In this breach of contract case, the defendant appeals from the trial court's refusal to grant a new trial or set aside an order favorable to the plaintiff. Because we find that the defendant did not receive advance notice of the hearing that led to the entry of the order, we vacate the order of the trial court.
Anderson County Court of Appeals 02/27/01
Ernest F. Phillips vs. County of Anderson, et al
E2000-01204-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William E. Lantrip
The defendants, Anderson County and the City of Clinton, entered into an agreement to jointly finance the development of an industrial park to be owned and operated by the City. The plaintiff, Ernest F. Phillips, brought this action for declaratory and injunctive relief, alleging that the County's financing of a portion of the industrial park is illegal and unconstitutional and that the defendants violated various statutory requirements for the development of industrial parks. The trial court granted the defendants summary judgment. The plaintiff appeals, arguing: (1) that the County's use of bond proceeds to finance its portion of the industrial park's infrastructure costs constitutes a lending or giving of credit to or in aid of a corporation within the meaning of Article II, Section 29 of the Tennessee Constitution; (2) that the agreement between the County and the City is not legally sufficient under the Industrial Park Act; (3) that the County obtained a statutorily-required certificate of public purpose and necessity by fraud and misrepresentation; and (4) that the County's bond resolutions are fatally defective and call for prohibited expenditures. The City argues (a) that the plaintiff lacks standing to challenge the City's actions and (b) that the plaintiff's appeal is frivolous. We affirm the grant of summary judgment to the defendants but do not find the plaintiff's appeal to be frivolous.
Anderson County Court of Appeals 02/16/01
Melanie Conger vs. Timothy Gowder, M.D.
E2000-01584-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James B. Scott, Jr.
In this medical malpractice case arising out of surgery, the trial court granted the defendant summary judgment on the plaintiff's claims of surgical negligence and lack of informed consent. The plaintiff appeals, arguing (1) that disputed issues of material fact exist that make summary judgment inappropriate and (2) that the trial court erred in refusing to allow the plaintiff to take the depositions of the defendant and another physician pending a hearing on the defendant's motion for summary judgment. Because we find that the trial court erred in refusing to allow the plaintiff to take the subject depositions, we vacate the grant of summary judgment and remand for further proceedings.
Anderson County Court of Appeals 02/15/01
Larry Wakefield vs. Kimberly Longmire
E2000-01450-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James B. Scott, Jr.
This litigation arose out of an accident involving a vehicle owned by Anderson County and being driven at the time of the accident by an employee of the County. The employee sued the driver of the other vehicle involved in the accident. Incident to his original filing, the employee secured service of process on the County's liability insurance carrier, for the purpose of invoking the uninsured motorist coverage of the County's policy. The defendant, Kimberly D. Longmire, filed an answer. She did not seek to impose liability on the employee or the County. Following a jury verdict for the employee in the amount of $641,000, the trial court ruled that the employee's recovery against the uninsured motorist carrier was not capped at $130,000, the limit of the County's liability for an individual claim under the Governmental Tort Liability Act. The carrier, whose policy provided for $1,000,000 of uninsured motorist coverage, appeals, claiming that its obligation under the policy, despite the higher contract limit, is capped at $130,000. The plaintiff contends that the carrier did not appeal from a final order and that its appeal is frivolous. We affirm but do not find the carrier's appeal to be frivolous.
Anderson County Court of Appeals 02/13/01
Vesta Mosley vs. Tennessee Water Service & Sales
E2000-01713-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
In this appeal from the Circuit Court of Anderson County the Defendant/Appellant, Tennessee Water Service and Sales, Inc., appeals the Circuit Court's order which denied Tennessee Water's motion for a new trial and overruled its objection to entry of a final judgment in favor of Plaintiff/ Appellee, Vesta G. Mosley. It is our finding that Tennessee Water did not receive notice of the hearing which resulted in the final judgment against it and, therefore, we vacate such judgment and reverse the Circuit Court's order overruling Tennessee Water's objection to entry of the judgment and its motion for a new trial. We remand this cause for further proceedings consistent with this opinion.
Anderson County Court of Appeals 02/12/01
Melissa Suzanne Dew v. ProTemp, et al.
E2000-01750-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Chancellor William E. Lantrip

This appeal arises from a grant of summary judgment to Pro-Temp ("Defendant"), a temporary employment agency. Melissa Suzanne Dew ("Plaintiff") brought suit against her employer, Defendant, and Eagle Bend Manufacturing, Inc. ("Eagle Bend"). Defendant assigned Plaintiff to work in a temporary position at Eagle Bend where Plaintiff sustained a work-related injury. A few months later, Plaintiff received a reprimand from her Eagle Bend supervisor related to Plaintiff's work performance. Thereafter, Defendant terminated Plaintiff's assignment at Eagle Bend. Plaintiff claims Defendant terminated her employment in retaliation for exercising her worker's compensation rights. Plaintiff argues there are genuine issues of material fact which preclude the granting of summary judgment to Defendant. We affirm.

Anderson County Court of Appeals 01/05/01
E1999-01909-R3-CV
Authoring Judge:
Trial Court Judge: James B. Scott, Jr.
Anderson County Court of Appeals 09/20/00
Sherrie Graham Farver vs. Dr. Kenneth Carpenter
E1999-01840-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.
Anderson County Court of Appeals 06/23/00
Sherrie Graham Farver vs. Dr. Kenneth Carpenter
E1999-01840-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.
Anderson County Court of Appeals 06/23/00
Ray Gabrielle Cox v. Anderson County Highway Dept. & Anderson County, Tennessee - Dissenting
E1999-01697-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge James B. Scott, Jr.

I dissent from the majority opinion affirming the judgment of the Trial Court awarding compensatory damages of $130,000. From my review of the record, Plaintiff did not meet her burden of proving that Defendant had notice of the condition of the roadway, and therefore I would reverse the judgment of the Trial Court.

Anderson County Court of Appeals 03/07/00