Court of Appeals Opinions

Format: 04/19/2018
Format: 04/19/2018
Ogburn vs. Dept. of Corrections
01A01-9707-CH-00284
Authoring Judge:
Trial Court Judge: Carol L. Mccoy
Davidson County Court of Appeals 01/14/98
Harvell vs. Williams
01A01-9706-CH-00258
Authoring Judge:
Trial Court Judge: Jim T. Hamilton
Maury County Court of Appeals 01/14/98
Ridley vs. Ridley
03A01-9708-GS-00350
Authoring Judge:
Trial Court Judge:
Court of Appeals 01/13/98
Graves vs. Grady's
03A01-9708-CV-00336
Authoring Judge:
Trial Court Judge:
Court of Appeals 01/13/98
Deroyal vs. Johnson
03A01-9708-CH-00328
Authoring Judge:
Trial Court Judge:
Claiborne County Court of Appeals 01/13/98
Haren vs. Haren
03A01-9707-CV-00253
Authoring Judge:
Trial Court Judge:
Court of Appeals 01/13/98
Henson vs. Carte r
03A01-9706-CV-00230
Authoring Judge:
Trial Court Judge:
Court of Appeals 01/13/98
Williamson vs. Sanders
03A01-9705-JV-00184
Authoring Judge:
Trial Court Judge:
Court of Appeals 01/13/98
M & M vs. Maples
03A01-9705-CH-00171
Authoring Judge:
Trial Court Judge:
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
02A01-9703-CV-00059
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
01A01-9704-CH-00175
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.
01A01-9511-CH-00540
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
01A01-9707-CH-00360
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