Court of Appeals Opinions

Format: 01/28/2015
Format: 01/28/2015
Krisinda Bowers, A Minor, by next friend, Tammy K. Bowers and Steve Bowers, v. Stephen Hammond, et al
02A01-9601-CV-00011
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge John Franklin Murchison

Plaintiff Krisinda Bowers, a minor, by next friends Tammy K. Bowers and Steve Bowers (Krisinda’s parents), appeals the trial court’s order entering summary judgment in favor of Defendants/Appellees Stephen Hammond, The Jackson Clinic Professional Association, and Jackson-Madison County General Hospital. In dismissing the complaint, the trial court ruled that Krisinda’s action against the Defendants was barred by the threeyear statute of repose applicable to medical malpractice actions and, further, that Krisinda’s action against the Hospital was barred by her failure to comply with the statutory notice requirements formerly applicable to actions against governmental entities. We affirm in part and reverse in part.

Madison County Court of Appeals 05/02/97
Charles R. Browder and Teresa Noland Browder, v. Jerry C. Morris and Chris Castleberry, et al.
02A01-9602-CV-00039
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Wyeth Chandler

This is an interlocutory appeal by appellants, Charles R. and Teresa Noland Browder, from the trial court’s denial of a motion seeking to amend their complaint to name an additional party defendant pursuant to T.C.A. § 20-1-119. The statute was enacted in response to the supreme court’s decision in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), which abolished the doctrine of contributory negligence in Tennessee and adopted principles of comparative fault. The statute allots a plaintiff in cases of comparative fault additional time beyond the normal running of the statute of limitations within which to join a previously unnamed defendant by either amendment of the complaint or institution of a separate action. The issue presented here is whether the statute as enacted contemplates the joinder of a third party defendant whose liability, if any, is vicarious only.

Shelby County Court of Appeals 05/01/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Bedford County Court of Appeals 04/30/97
Mayfield vs. Mayfield
01A01-9611-CV-00501
Authoring Judge:
Trial Court Judge:
Court of Appeals 04/30/97
Mayfield vs. Mayfield
01A01-9611-CV-00501
Authoring Judge:
Trial Court Judge: Muriel Robinson
Davidson County Court of Appeals 04/30/97
Out Patient Diagnostic Center vs. Christian
01A01-9510-CV-00467
Authoring Judge:
Trial Court Judge: Barbara N. Haynes
Davidson County Court of Appeals 04/30/97
Out Patient Diagnostic Center vs. Christian
01A01-9510-CV-00467
Authoring Judge:
Trial Court Judge:
Court of Appeals 04/30/97
Seagroves vs. TN. Department of Correction
01A01-9508-CH-00334
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 04/30/97
McCamey vs. TN. Dept. of Correction
01A01-9701-CH-00033
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 04/30/97
01A01-9610-CV-00496
Authoring Judge:
Trial Court Judge: Buddy D. Perry
Franklin County Court of Appeals 04/30/97
First Farmers & Merchants Nat'l. Bank vs. Burt Bros. Furniture
01A01-9608-CV-00381
Authoring Judge:
Trial Court Judge: Jim T. Hamilton
Maury County Court of Appeals 04/30/97
Copper Cellar vs. Miller
03A01-9607-CV-00239
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 04/29/97
Williams vs. Sugar Cove
03A01-9605-CH-00175
Authoring Judge:
Trial Court Judge:
Monroe County Court of Appeals 04/29/97