Court of Appeals Opinions

Format: 12/02/2016
Format: 12/02/2016
Fredrika A. Steiner v. The Parman Corporation - Concurring
01A01-9705-CV-00233
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge:

I concur in the result reached in Judge Todd’s opinion. My only reasonfor writing separately is to focus on what I perceive to be decisive in this case: the fact that the defendant did not violate a duty to the plaintiff. In that way, I avoid the nagging problem of the court apportioning fault in a case in which the plaintiff was entitled to a jury trial.

Davidson County Court of Appeals 12/05/97
Janice Blalock Yates v. William Mark Yates
02A01-9706-CH-00122
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge William B. Acree

Defendant William Mark Yates (Husband) appeals the final divorce decree entered by the trial court which awarded primary physical custody of the parties’ minor child to Plaintiff/Appellee Janice Blalock Yates (Wife), ordered the Husband to pay child support and alimony in solido to the Wife, and distributed the parties’ real and personal property. We affirm.

Dyer County Court of Appeals 12/04/97
David McAlister v. Peregrine Enterprises, Inc., formerly known as Empire Enterprises, Inc., et al
02A01-9610-CH-00262
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This suit involves an action for the redemption of preferred stock. The trial court found that the stock could be redeemed even though the redemption would render the corporation unable to pay its debts in the normal course of business. We reverse and remand.

Shelby County Court of Appeals 12/04/97
Annette Dubose, v. Debbie Ramey
02A01-9705-CV-00096
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge John Franklin Murchison

Plaintiff/Appellant, Annette Dubose (“Dubose”), appeals the judgment of the trial court denying her motion for a new trial and specifically finding that the jury verdict and the judgment previously entered in this case were proper and correct. For reasons hereinafter stated, we affirm the judgment of the trial court.

Madison County Court of Appeals 12/02/97
Ronnie Bradfield v. Billy Compton, et al
02A01-9705-CH-00111
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor J. Steven Stafford

This case involves a claim under 42 U.S.C.A. § 1983, filed by a state prisoner against employees of the Tennessee Department of Corrections. One defendant is a physician employed by Department. Plaintiff appeals the dismissal of his claims against all defendants. We affirm.

Lake County Court of Appeals 12/02/97
John H. Fournier v. M. V. Tichenor and Bowling, Bowling, and Associates
02A01-9602-CV-00032
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert A. Lanier

Plaintiff-Appellant, John H. Fournier (“Fournier), appeals the order of the trial court entering summary judgment in favor of Defendants-Appellees, M. V. Tichenor (“Tichenor”) and Bowling, Bowling & Associates (“Law Firm”), on Fournier’s claims for negligent misrepresentation and breach of contract.

Shelby County Court of Appeals 12/02/97
John Brown, v. County of Shelby
02A01-9512-CV-00284
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Irving M. Strauch

This appeal concerns an action by the appellant, John Brown (Brown), to recover workers’ compensation benefits from his employer, the appellee, County of Shelby (County), who has not elected to come within the provisions of the Workers’ Compensation Law. Brown alleges that he sustained on-the-job injuries while employed by the County as a counselor at the Shelby County Jail. The record reflects that the County has implemented its own policy whereby it compensates its employees for on-the-job injuries and relies to some extent on the Workers’ Compensation Act as a guide in determining benefits. At trial, it was established that under said policy, the County had paid Brown’s temporary disability benefits and that Brown sought only permanent disability benefits and the medical expenses incurred from Dr. John P. Howser. The trial court awarded a permanent partial disability of 7% to the body as a whole and entered a judgment for Brown in the amount of $5,863.68. No award was made for Dr. Howser’s expenses. Brown appeals, identifying the issues for review as follows:

Shelby County Court of Appeals 12/02/97
IN RE: Chad Andolino; Charles Alaln Mix and Lorena May Mix v. Robert Barton - Concurring
02A01-9510-CH-00224
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Walton West

This case presents for review the decision of the Chancery Court of  Decatur County finding that the Defendant, Robert Barton (“Father”) did not  abandon his son, Chad Andolino (“Son”) and, therefore, dismissing  Plaintiffs’, Charles and Lorena Mix (“Mixes”), petition for adoption. The Mixes appealed. For reasons stated hereinafter, we affirm the judgment of the trial court.

Decatur County Court of Appeals 12/02/97
AMC-Tennessee, Inc. v. Hillcrest Healthcare
M2003-00882-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this appeal arising from a breach of contract claim, the appellant, Hillcrest Healthcare, LLC challenges the trial court's award of damages in the amount of $337,363.59 including $219,937 in lost profits. We affirm.
Davidson County Court of Appeals 11/26/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Blount County Court of Appeals 11/25/97
Jones vs. Culpepper
03A01-9706-CH-00202
Authoring Judge:
Trial Court Judge: Billy Joe White
Claiborne County Court of Appeals 11/25/97
Ella Pruett vs. Wal-Mart Stores
02A01-9610-CH-00266
Authoring Judge:
Trial Court Judge: Joe C. Morris
Madison County Court of Appeals 11/25/97
Ferrell vs. Blue Bird of Tennessee
01A01-9707-CH-00339
Authoring Judge:
Trial Court Judge: Robert E. Corlew, III
Rutherford County Court of Appeals 11/25/97