Court of Appeals Opinions

Format: 12/15/2017
Format: 12/15/2017
Graves vs. Grady's
Authoring Judge:
Trial Court Judge:
Court of Appeals 01/13/98
Deroyal vs. Johnson
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Trial Court Judge:
Claiborne County Court of Appeals 01/13/98
Haren vs. Haren
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Trial Court Judge:
Court of Appeals 01/13/98
Henson vs. Carte r
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Court of Appeals 01/13/98
Williamson vs. Sanders
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Court of Appeals 01/13/98
M & M vs. Maples
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Court of Appeals 01/12/98
Robert J. McCurley, Patricia G. McCurley, v. City of Jackson, Tennessee, Charles Farmer, and J.B.Glassman and wife, Brenda Glassman, and Harold Angus
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Whit A. Lafon

This is an action in negligence arising out of the June 1993 acts of the appellant, Harold Angus, in demolishing the “Glassman” building, located at 111 North Highland Avenue in Jackson, pursuant to a contract with the city. Angus’ demolition of the building, which had been declared condemned by the city code, is not disputed. Nor is it disputed that, as a result of the building’s demolition, damage was sustained to the building located adjacent thereto, identified as the “Carmen’s” building, and owned by the appellees, Robert J. McCurley and wife, Patricia G. McCurley.1 The two buildings shared a common “party wall.” At issue in this case is whether Angus was negligent in its demolition of the Glassman building so as to be held legally accountable to the McCurleys for the damages they sustained. The case proceeded to a trial by jury where, at the close of all proof, the trial court directed a verdict in favor of the appellees on the issue of liability.2 Angus has appealed challenging the correctness of the trial judge’s decision in this regard. For the reasons hereinafter stated, we reverse and remand for a new trial.

Madison County Court of Appeals 01/09/98
Demetra Lyree Parker, v. Warren County Utility District
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John W. Rollins

Plaintiff Demetra Lyree Parker appeals the trial court’s order granting the motion for summary judgment filed by Defendant/Appellee W arren County Utility District. We reverse the trial court’s judgment based on our conclusion that a genuine issue of material fact exists as to whether the Utility District responded promptly, adequately, and effectively to Parker’s allegations of sexual harassment against the Utility District’s general manager.

Warren County Court of Appeals 01/09/98
Tennessee Department of Health, Division of Health Related Boards and The Board of Medical Examiners, v. W. Dwight Frisbee, M.D.
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal presents an issue of first impression concerning the evidentiary standards applicable to disciplinary proceedings involving licensed physicians. The Tennessee Department of Health perfected an interlocutory appeal to the Chancery Court for Davidson County after an administrative law judge disqualified its expert witness for failing to satisfy the locality rule generally applicable in medical malpractice cases. The trial court reversed the administrative law judge’s decision after concluding that a physician’s conduct should be measured by a statewide standard of minimum competency rather than a particularized local standard of care. While the administrative law judge’s decision was correct with regard to two of thecharges, we affirm the trial court’s decision in part because several of the charges in this proceeding only require proof that a physician has failed to meet statewide, minimal competency standards.

Davidson County Court of Appeals 01/09/98
Winslow Watson, v. Tennessee Department of Correction, Tennessee Board of Paroles, CCA, and Jody Benjamin
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Carol L. McCoy

This is an appeal by petitioner/appellant, Winslow Watson, from a decision of the chancery court dismissing his petition for a declaratory judgment pursuant to the Declaratory Judgment Act, Tennessee Code Annotated section 29-14-101 to -113. The facts out of which this matter arose are as follows.

Davidson County Court of Appeals 01/09/98
Porter Freeman vs. Robert Ring, County Executive, Jerry Sharber, Mayor, et al., - Concurring
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Chancellor Henry Denmark Bell

The appellant sought to enjoin both city and county officials from the sale of general obligation bonds. The Chancery Court of Franklin granted all  defendants' motions to dismiss pursuant to Rule 12.02(6) of the  Tennessee Rules of Civil Procedure. On appeal, we must determine  whether the trial court erred in not considering the petition for injunction on the merits as against either the city or the county defendants.

Williamson County Court of Appeals 01/09/98
LBJ, Inc., D/B/A Laurel Wood Farm, a Tennessee Corporation, and Lawrence J. Banner, v. Buford L., Craig, Glen L. Craig, Southern Garden Designs, Inc., et al.
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Howard N. Peoples

This is an action for damages for breach of contract involving the sale of the assets of a corporation doing business as North River Nursery in Chattanooga. The selling price was $370,000.00, to be paid $305,000.00 cash and $65,000.00 in seven (7) promissory notes, each of which provides “That all or a substantial portion of the debt evidenced hereby shall be paid by work to be performed . . . . . as set out in a letter . . . ”

Hamilton County Court of Appeals 01/08/98
William J. Bunch v. Walton I. Bunch and Steven B. Bunch
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor George R. Ellis

This case involves a suit to partition certain real and personal property owned by three brothers as joint tenants with the right of survivorship. Walton and Steven Bunch appeal the order of the trial court granting the sale for partition.

Gibson County Court of Appeals 01/08/98