Court of Appeals Opinions

Format: 11/22/2017
Format: 11/22/2017
Barbara J. Hand, Administratrix of Estate of Charles D. Hand, Deceased, v. Norfolk Southern Railway Company
03A01-9704-CV-00123
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Robert M. Summitt

This is a suit brought under the Federal Employers Liability Act. It was brought by Plaintiff Barbara J. Hand, Administratrix of the estate of her deceased husband, Charles D. Hand, against his employer, Defendant Norfolk Southern Railway Company. The jury rendered a verdict in favor of the Plaintiff and assessed damages in the amount of $3,250,000. The Defendant appeals, raising nine separate issues. Although many do not merit a protracted discussion, others raise substantial questions.

 

Knox County Court of Appeals 06/02/98
Greg Swafford,M.D., v. Memphis Individual Practive Association, Southern Health Plan, Inc., The Apple Plan, et al.
02A01-9612-CV-00311
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Robert L. Childers

This is a libel suit brought by a physician against a health maintenance organization and related health insurance entities. The trial court granted summary judgment in favor of the defendants based on the statute of limitations. The lawsuit involves allegedly false information reported to the National Practitioner Data Bank. In an issue of first impression, we hold that each dissemination of the allegedly defamatory information by the Data Bank gives rise to a separate cause of action. The grant of summary judgment is affirmed in part and reversed in part, and the cause is remanded.

Shelby County Court of Appeals 06/02/98
Curtis R. Thrapp vs. Mary Elizabeth Thrapp
E2006-00088-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
The parties were divorced in Oregon where the Court ordered the custodial arrangement for the only child of the marriage. The Mother then moved to Colorado, where she filed suit in Colorado in the custody dispute. She then moved to Tennessee, where the Father sued her over the ongoing dispute. The Colorado Court ultimately declined jurisdiction and the Tennessee Court ordered a change of the custody. The mother has appealed. We affirm the change of custody.
Blount County Court of Appeals 05/31/98
Charles Montague, v. Tennessee Department of Corrections, and Warden Howard Carlton
01A01-9711-CH-00667
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner.

Davidson County Court of Appeals 05/29/98
National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/29/98
National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Authoring Judge:
Trial Court Judge:
Court of Appeals 05/29/98
Montague vs. Dept. of Corrections
01A01-9711-CH-00667
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
Dept. of Children's Svcs. vs. Stanfill
01A01-9710-JV-00616
Authoring Judge:
Trial Court Judge: Andrew J. Shookhoff
Davidson County Court of Appeals 05/29/98
J.B. Hinson, et. ux. vs. Beechview Corp.
01A01-9709-CH-00498
Authoring Judge:
Trial Court Judge: Robert L. Jones
Wayne County Court of Appeals 05/29/98
Hawkins & Gossett vs. Hart, et. al.
01A01-9707-CV-00294
Authoring Judge:
Trial Court Judge: Barbara N. Haynes
Davidson County Court of Appeals 05/29/98
Coastcom, Inc. vs. Cruzen, et.ux.
01A01-9707-CH-00349
Authoring Judge:
Trial Court Judge: H. Denmark Bell
Williamson County Court of Appeals 05/29/98
TN. Real Estate Comm. vs. Hamilton
01A01-9707-CH-00320
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
Ramsey vs. Burkhalter & Ryan
01A01-9707-CH-00318
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98