Court of Appeals Opinions

Format: 04/19/2015
Format: 04/19/2015
Davis vs. City of Clarksville
M1999-00084-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James E. Walton
This is a negligence suit under the Tennessee Governmental Tort Liability Act. The plaintiff is a city police officer who was injured while rushing an armed robbery suspect. The plaintiff rushed the robbery suspect when he moved from a position of cover to a position closer to the suspect, after his supervisor motioned him to move forward. The plaintiff sued the city, alleging that his injuries were caused by his supervisor's negligence. The trial court found that the supervisor was negligent and awarded the plaintiff $45,000 in damages. The city appeals. We reverse, finding that the evidence does not support a finding that the supervisor was negligent.
Montgomery County Court of Appeals 12/28/95
Kenneth O. Burnett & Vickie S. Burnett v. Frank E. Krisle & d/b/a Elite Electric - Concurring
01A01-9505-CV-00196
Authoring Judge: Judge Hewitt P. Tomlin
Trial Court Judge: Judge Paul R. White

Kenneth O. Burnett and Vickie S. Burnett ("plaintiffs") filed suit in the Davidson County Circuit Court against Frank E. Krisle, individually and d/b/a Elite Electric ("defendant") seeking damages resulting from a fire caused by defendant's negligence that destroyed plaintiffs' home. The jury awarded plaintiffs compensatory damages in the amount of $90,733.56, reduced by a finding that plaintiffs were ten percent (10%) at fault. Defendant's motion for a new trial was denied. On appeal defendant has presented three issues for our consideration: (1) whether there was any material evidence in the record to support the jury verdict; (2) whether the trial court erred in refusing to grant defendant a new trial or a remittitur; and (3) whether the trial court erred in refusing to allow defendant to present a witness for testifying after defendant had rested his case. We find no error and affirm.

Davidson County Court of Appeals 12/22/95
02A01-9409-CH-00219
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 12/21/95
02A01-9408-CV-00196
Authoring Judge:
Trial Court Judge: Wyeth Chandler
Shelby County Court of Appeals 12/21/95
02A01-9406-CV-00130
Authoring Judge:
Trial Court Judge: George H. Brown
Shelby County Court of Appeals 12/21/95
02A01-9302-CV-00039
Authoring Judge:
Trial Court Judge: James M. Tharpe
Shelby County Court of Appeals 12/20/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Unicoi County Court of Appeals 12/19/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/19/95
03A01-9506-CH-00201
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/19/95
03A01-9503-CH-00110
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Appeals 12/19/95
Lessie Blankenship, v. Century Health Services, Inc.
01A01-9504-00137
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Lee Russell

Lessie Blankenship ("plaintiff") filed suit in the Circuit Court of Bedford County against Century Health Services, Inc. ("Century" or "defendant"), seeking damages for breach of a commercial lease. Following a bench trial, the court awarded plaintiff damages in the amount of $44,943.80 for rent due under the lease, costs incurred by plaintiff in seeking to relet the premises, and attorney fees in the amount of 15% of the amount of the judgment. On appeal, Century presents five issues for review: Whether the trial court erred (1) in finding that Century had assumed the lease between plaintiff and South Central Home Health, Inc. (?South Central”), the original lessee; (2) in concluding that Century had not properly terminated the lease; (3) in finding that plaintiff had properly mitigated her damages; (4) in awarding plaintiff damages for future rent under the lease; and (5) in awarding plaintiff attorney fees in the amount of 15% of plaintiff's judgment. For the reasons hereinafter stated, we affirm in part, reverse in part and remand.

Court of Appeals 12/15/95
Jimmy France, v. Christine Bradley, Commissioner of Department of Correction, Ned Ray McWherter, Governor of State of Tennessee, et al.
01A01-9508-CH-00335
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff has appealed from the judgment of the Trial Court dismissing his suit against the captioned defendants for a declaratory judgment and injunctive relief regarding the constitutionality of application of certain statutes to plaintiff and certain actions, practices and policies of the defendants.

Davidson County Court of Appeals 12/15/95
Shelter Insurance Companies, v. Sherrie Marie Hann
01A01-9507-CH-00280
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge William B. Cain

The defendant, Sherrie Marie Hann, has appealed from a non-jury judgment in favor of the plaintiff, Shelter Insurance Companies for $5,000 paid to defendant by mistake. As indicated in the caption, this was a proceeding in Chancery Court.

Maury County Court of Appeals 12/15/95