Court of Appeals Opinions

Format: 08/27/2015
Format: 08/27/2015
William J. Chase, Yr., as Administrator C.T.A of the Estate of Betty Lou Stidham, Deceased, v. The City of Memphis, Tennessee
02A01-211-CV-00327
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This appeal involves a suit for wrongful death based on negligence under the Tennessee governmental Tort Liability Act, T.C.A. § 29-20-101 et seq. (1980) and for wrongful death based on the creation of a special relationship and a nuisance. Defendant, the City of Memphis, 2 appeals from the trial court’s judgment in favor of plaintiff, William J. Chase, as Administrator C.T.A. of the Estate of Betty Lou Stidham. The trial court, sitting without a jury, found that plaintiff’s damages totaled $1,897,713.03, and that the City’s negligence caused 40 percent of those damages. However, because of the application of the Tennessee Governmental Tort Liability Act (hereinafter the Act), the court limited plaintiff’s recovery to $130,000.00, and entered a judgment in that amount.

Shelby County Court of Appeals 09/05/97
Myrtle Mae Daly Brown v. Norma Jean Belton Daly
02A01-9611-CH-00275
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Special Chancellor John C. Robertson

This appeal concerns a suit for partition and sale of real property. In June 1989, Myrtle Mae Daly Brown, Willie Myrle Daly Cruse, Mary Elizabeth Daly Wolfe and T. J. Ward filed suit against Norma Jean Belton Daly, Appellee, claiming that they each own an undivided one-fifth interest in property, identified as 700 Reed Hooker Road, as the children and surviving heirs of Earl J. Daly (hereinafter “Father”) who died on August 7, 1966.1 They further asserted that Appellee is the rightful owner of the remaining one-fifth interest as the widow and will beneficiary of Earl W. Daly (hereinafter “Son”), their brother, who died in August 1988. Appellee filed a counter-claim contending that Son solely owned the property at the time of his death and that as the land passed to her under the terms of his will, she is the lawful owner in fee simple. Appellee asserted that Son acquired the entire property either by prescription or by transfer of equitable title from Father to Son based on a contract to purchase. Appellee also relied upon the defense of laches.

Shelby County Court of Appeals 09/04/97
Ronald Hayes vs. John Doe and Shelter Insurance Company - Concurring
02A01-9610-CV-00251
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge George H. Brown, Jr.

In this automobile accident case, Roland Hayes (“Plaintiff”) filed suit against John Doe (“Doe”) for damages sustained when Plaintiff was forced to drive off the road into a tree in order to avoid a head-on collision with Doe’s vehicle. Plaintiff filed a second suit against Shelter Insurance Company (“Defendant”) for Defendant’s alleged bad faith failure to pay Plaintiff’s uninsured motorist claim under the insurance contract existing between Plaintiff and Defendant. The trial court later consolidated Plaintiff’s negligence suit against Doe with Plaintiff’s bad faith suit against the Defendant. After the parties stipulated that the Defendant paid Plaintiff $11,262.89 prior to trial and after the jury returned a verdict of $2,337 in  favor of Plaintiff on Plaintiff’s negligence claim against Doe, the trial court held that Plaintiff should recover nothing from the Defendant in accordance with the jury’s verdict. Plaintiff appeals the judgment of the trial court  arguing that the trial court erred in consolidating Plaintiff’s negligence action against Doe with Plaintiff’s bad faith action against the Defendant and in refusing to grant Plaintiff an additur or a new trial. For the reasons stated hereafter, we affirm the judgment of the trial court.

Shelby County Court of Appeals 09/04/97
IN RE: Ross
03A01-9703-CH-00099
Authoring Judge:
Trial Court Judge:
Court of Appeals 08/29/97
01A01-9702-CV-00069
Authoring Judge:
Trial Court Judge:
Court of Appeals 08/29/97
01A01-9612-CH-00540
Authoring Judge:
Trial Court Judge: Robert E. Burch
Humphreys County Court of Appeals 08/29/97
01A01-9611-CH-00530
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 08/29/97
01A01-9610-JV-00469
Authoring Judge:
Trial Court Judge: Andrew J. Shookhoff
Davidson County Court of Appeals 08/29/97
01A01-9610-CV-00491
Authoring Judge:
Trial Court Judge: Don R. Ash
Rutherford County Court of Appeals 08/29/97
01A01-9702-CV-00069
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 08/29/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 08/28/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 08/28/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 08/28/97