Court of Appeals Opinions

Format: 08/21/2014
Format: 08/21/2014
01A01-9607-CH-00335
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 12/11/96
01A01-9606-CV-00283
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 12/11/96
01A01-9605-CV-00242
Authoring Judge:
Trial Court Judge: Marietta M. Shipley
Davidson County Court of Appeals 12/11/96
01A01-9605-CH-00219
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 12/11/96
Nancy Buchanan, Mother et al., Next of Kin of Corwendell D. Perkins, Deceased, v. Hardemen County Tennessee and Hardeman County Highway Dept.
02A01-9411-CV-00257
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jon Kerry Blackwood

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the
Court of Appeals of Tennessee. The plaintiffs/appellants in this cause, Nancy Buchanan, et al., (“Buchanan”) appeal the trial court’s grant of summary judgment to defendants/appellees, Hardeman County, Tennessee, et al., (“Hardeman County”). After a serious automobile accident on Minnie Hill Road in Hardeman County, Buchanan filed suit against Hardeman County for wrongful death, alleging that the road was not properly maintained by the County. Buchanan alleged that the accident would not have occurred had a lower speed limit been posted, a warning sign been erected, the curve properly delineated by road markings, and guardrails been installed. Buchanan argues that the doctrine of sovereign immunity does not apply to Hardeman County in this case and that the road was unsafe, dangerous, and defective under Tenn. Code Ann. § 29-20-203(a).

Hardeman County Court of Appeals 12/09/96
Angie Brooks, v. Kimberly Quam Davis and Gayle Schaal, and Erica Brooks, a minor B/N/F Angie Brooks, mother and natural guardian, v. Kimberly J. Quam Davis and Amy Schaal
01A01-9509-CV-00402.
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Robert W. Wedemeyer

This appeal is from the dismissal of the separate, but consolidated, suits of a mother and daughter for their personal injuries sustained while guest-passengers in a vehicle owned by Gayle (Amy) Schall and operated by Kimberly J. Quam Davis (hereafter "Ms. Davis"). Allstate Insurance Company (hereafter "Allstate") was served with process as an uninsured motorist insurer.

Montgomery County Court of Appeals 12/08/96
Dixie Millburn Selby, v. Landon Selby - Dissenting
01A01-9604-CH-00159
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.

Court of Appeals 12/06/96
Dixie Millburn Selby, v. Landon Selby - Dissenting
01A01-9604-CH-00159
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.

Rutherford County Court of Appeals 12/06/96
Dixie Millburn Selby, v. Landon Selby
01A01-9604-CH-00159
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Don R. Ash

This is an appeal by defendant/appellant, Landon Selby, from a decision of the chancery court which granted appellant and plaintiff/appellee, Dixie Millburn Selby, a divorce and distributed the parties' marital and separate assets. The facts out of which this case arose are as follows.

Rutherford County Court of Appeals 12/06/96
Charles E. Greer v. Correction Corporation of America, et al.
01A01-9604-CH-00150
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

An inmate in a Tennessee prison operated by Corrections Corporation of America filed a complaint which alleged that prison guards employed by the corrections company had converted his personal property. The chancery court dismissed his complaint for failure to state a claim upon which relief can be granted. We reverse and reinstate the complaint.

Davidson County Court of Appeals 12/06/96
Knott's Wholesale Foods, Inc., v. Billy L. Azbell and J & R Foods, Inc.
01A01-9510-CH-00459
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor John W. Rollins

In this case, Defendant Billy Azbell (Azbell) appeals the trial court’s order granting summary judgment in favor of Plaintiff Knott’s Wholesale Foods, Inc. (Knott’s), finding that Azbell breached his fiduciary duty of loyalty as an employee. The trial court issued injunctive relief against Azbell and subsequently found that Azbell and defendant J & R Foods (J & R) engaged in a civil conspiracy to circumvent the injunction. Injunctive relief was issued against Azbell and J & R, and both defendants were held liable for compensatory damages, punitive damages, and attorneys’ fees. Azbell and J & R appeal. We affirm in part and reverse in part.

Court of Appeals 12/06/96
Louis A. McRedmond, Patrick J. McRedmond, Jr., and Monica McRemond Terry, on behalf of Elk Brand Mfg Co., v. Andrew Marianelli, Walter Marianell, David Manning, et al.
01A01-9412-CH-00594
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiffs have appealed from a summary judgment dismissing their suit against the captioned defendants.

Davidson County Court of Appeals 12/06/96
Cynthia Albright v. Joseph L. Mercer, III
01A01-9607-CH-00333
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Henry Denmark Bell

This is an appeal by defendant/appellant, Joseph L. Mercer, III, from a decision of the Chancery Court for Williamson County awarding plaintiff/appellee, Cynthia Albright, attorney's fees of $1,000.00.

Williamson County Court of Appeals 12/04/96