Court of Appeals Opinions

Format: 05/24/2016
Format: 05/24/2016
Horace A. LaRue, and Carla LaRue, Parents and next of kin of Randall Charles LaRue, Deceased., v. 1817 Lake Incorporated, D/B/A Bonkers, Howard Tannenbaum, Ricky Chambers, Robert Archer, and Danny G. Brewer
03A01-9702-CV-00053
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler Rosenbalm

This case arises from a motorcycle accident in which Randy LaRue, the 20-year old son of the plaintiff's, was killed. Plaintiff's sued 1817 Lake, Inc., D/B/A/ Bonkers, a Knoxville restaurant and bar, and Howard Tannenbaum, presidetn of 1817 Lake Inc., alleging that the defendant negligently and unlawfully served Randy and his companion, defendant Danny Brewer, alcoholic beverages on the evening of the accident. Plaintiffs also sued Robert Archer, the bartender who allegedly provided LaRue and Brewer with the drinks, and Ricky Chambers, the doorman on duty at Bonkers that night. The remaining defendant, Danny G. Brewer was the operator of the motor cycle at the time of the accident which resulted in Randall Charles LaRues, death.

Knox County Court of Appeals 10/09/97
James C. Hise, Jr. and wife, Brenda L. Hise, State of Tennessee, Department of Transportationm Bruce Saltsman, Commissioner
02A01-9701-CV-00023
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

James C. Hise, Jr. and wife, Brenda L. Hise sued the State of Tennessee, the Department of Transportation and its commissioner for damages in an inverse condemnation action. The complaint alleges that, after conveying a portion of their property to the state, they learned that the project adversely impacted their commercial property. The defendants filed a motion to dismiss on the basis of sovereign immunity. The motion was granted and the plaintiffs appealed.

Shelby County Court of Appeals 10/08/97
Amberjack Ltd., Inc., D/B/A Nonconnah Corporate Center, v. Fred Thompson, Individually, and D/B/A Thompson Quality Management, Inc., et al.
02A01-9512-CV-00281
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge James E. Swearengen

This lawsuit involves the breach of a lease agreement. The corporate lessee vacated the premises and stopped paying rent; consequently, the lessor filed suit. The trial court found the lessee in breach of the lease, but found the lease agreement unconscionable, held that the lessor failed to mitigate its damages, and held that the president of the corporate lessee could not be held personally liable. We affirm the trial court’s finding of a breach, but reverse its remaining findings and award the lessor damages for the entire term of the lease.

Shelby County Court of Appeals 10/07/97
Whitney Stegall v. Dottie Lou Pryor, Benton M. Mason Jr., Hugh Burton Mason, et al. - Concurring
01A01-9704-PB-00147
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Tom E. Gray

V. R. Mason died testate on October 29, 1995. The executor, Richard F. LaRoche, Jr., propounded the will for probate; in the ease of language it provided for the payment of debts and taxes and created a trust for a family cemetery, with the remainder to pass under the laws of intestate succession.

Rutherford County Court of Appeals 10/03/97
Deborah Murray, Administrator Ad Litem of the estate of Terrance Murray and as Next of Kin of Terrance Murray, v. Jeremy A. Bryant, LilliaMn Bryant-Miller, Kathy Herbst, Charllie Herbst and Metro Govt of Nashville, et al.
01A01-9704-CV-00146
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Barbara N. Haynes

This is an action for damages against the Metropolitan Government and other Defendants, alleging that they are liable for the death of Plaintiff’s son, Terrance Murray, who was shot and killed by a fellow student while attending J. T. Moore Middle School in Nashville, Tennessee, on April 21, 1994.

Davidson County Court of Appeals 10/03/97
Nancy Renee McReynolds (Delbridge) v. Robert Irving McReynolds
01A01-9702-CH-00064
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Tyrus H. Cobb

NancyReneeMcReynolds Delbridge (Mother) appeals the trial court’s order denying
her counterpetition to modify the joint custody arrangement previously agreed to by the
parties and set forth in their final divorce decree. For the reasons stated hereinafter, we
affirm the trial court’s judgment.

Bedford County Court of Appeals 10/03/97
James O. Wright, Jr., v. Kathy Wright (Stovall)
01A01-9701-CV-00040
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Muriel Robinson

This is a child custody case. The parties had entered into a Marital Dissolution Agreement in which they had joint custody of the minor child. After the father’s remarriage, both the mother and father filed petitions seeking custody. The father now appeals the trial court’s order awarding sole custody of the parties’ child to the mother. We affirm.

Davidson County Court of Appeals 10/03/97
Diana Morris v. State of Tennessee
01A01-9612-BC-00569
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Commissioner W. R. Baker

This action was filed October 15, 1992 before the Tennessee Claims Commission. The plaintiff sought two-fold relief: (1) benefits under the Workers’ Compensation Law, TENN. CODE ANN. § 50-6-101 et seq., and (2) damages for the tort of alleged retaliatory discharge for filing a claim for workers’ compensation benefits, as allegedly authorized by TENN. CODE ANN. § 9-8-301 et seq. The claims were bifurcated.

Davidson County Court of Appeals 10/03/97
Billy Frank Henley and Joe H. Marlow v. Dale Dotson and wife Elsie Dotson
01A01-9611-CH-00523
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Gerald L. Ewell, Sr.

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the Court of Appeals of Tennessee.1 The plaintiffs in this case, Billy Frank Henley (“Henley”) and Joe H. Marlow (“Marlow”), own tracts of farm land in Coffee County, Tennessee. Henley acquired his land in 1992 from his brother, Clarence Henley, and his sister-in-law, Nona Mae Henley. Clarence and Nona Mae Henley had acquired the property from his parents in 1974. His parents had owned the property since 1957. Marlow acquired one tract of land at issue in 1973 and another tract of land at issue in 1975. The plaintiffs claim that a road separates their land from that of the defendants, Dale and Elsie Dotson (“Dotson”).

Coffee County Court of Appeals 10/03/97
Jordan Bair, Minor B/N/F and Parent, Mark Baird, v. John Doe
01A01-9610-CV-00471
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Leonard W. Martin

 

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1

Dickson County Court of Appeals 10/03/97
Outdoor Source, Inc., v. Outdoor Entertainment, Inc.
01-A-01-9702-CH-00053
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge:

This court entered an order on 13 August 1997 in the above styled case. Defendant/appellee, Outdoor Entertainment, Inc. (“OEI”), filed a petition for rehearing on 25 August 1997. It is the opinion of this court that the petition should be denied.

Court of Appeals 10/03/97
James Slyman, v. National Knife Collectors Association
03A01-9703-CV-00094
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Samuel H. Payne

In this jury case, National Knife Collectors Association appeals a $5000 judgment rendered against it in favor of James Slyman, raising the following two issues on appeal, neither of which questions the amount of the award.

Hamilton County Court of Appeals 10/01/97
Mark Edward Kinsler, v. Carl Baker, et ux., Edith Baker
03A01-9703-CH-00080
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson, II

In this suit, the Plaintiff seeks a determination that he owns a right-of-way from his property located in the Fourth District of Hancock Counter over the adjoining property of the Defendants.
 

Hancock County Court of Appeals 10/01/97