Court of Appeals Opinions

Format: 04/26/2015
Format: 04/26/2015
Darryl Jones, as surviving next of kin of Goldie Jones, Deceased, v. Dana A. Watson,and Sheree Watson
02A01-9602-CV-00038
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Robert L. Childers

Darryl Jones (hereafter “Plaintiff”) filed suit in the Circuit Court of Shelby County against Dana A. Watson and Sheree Watson (hereafter “Defendants”) to recover damages for the wrongful death of his wife, Goldie Jones, as a result of a motor vehicle accident. Defendants were insured by Allstate Insurance Company ( hereafter “Allstate”). Allstate ultimately entered into a settlement agreement with plaintiff and pursuant thereto issued not one but two consecutive settlement checks to plaintiff. Because the son of the deceased wife incorrectly filed a wrongful death action on his own behalf, plaintiff was prevented from consummating the settlem ent agreement with
Allstate. Some three years after plaintiff’s suit had been filed, defendants filed a motion to dismiss on the grounds that plaintiff had failed to comply with Rules 3 and 4 T.R.C.P. in that defendants had not been served with process, nor had an alias summons been issued, nor had the action been  recommenced within one year of the date of the issuance of the original process, thus plaintiff’s claim was barred by the one year statute of limitations. The trial court granted the defendants’ motion to dismiss. The sole issue presented by plaintiff on appeal is whether the trial court erred in so doing. We find that it did and reverse.

Shelby County Court of Appeals 12/11/96
01A01-9607-CV-00307
Authoring Judge:
Trial Court Judge: William B. Cain
Maury County Court of Appeals 12/11/96
Wherein The Board'S Discretion Is Not So Broad. See Totty v. Tennessee Dep'T Of
01A01-9607-CH-00335
Authoring Judge:
Trial Court Judge: William C. Koch
Court of Appeals 12/11/96
01A01-9607-CH-00296
Authoring Judge:
Trial Court Judge: Tom E. Gray
Sumner County Court of Appeals 12/11/96
01A01-9607-CH-00287
Authoring Judge:
Trial Court Judge: William B. Cain
Giles County Court of Appeals 12/11/96
01A01-9606-CV-00283
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/11/96
Hall, 847 S.W.2D 208, 211 (Tenn. 1993); Clifton v. Bass, 908 S.W.2D 205, 208
01A01-9605-CV-00210
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/11/96
01A01-9605-CV-00210
Authoring Judge:
Trial Court Judge: John A. Turnbull
Putnam County Court of Appeals 12/11/96
01A01-9605-CH-00215
Authoring Judge:
Trial Court Judge:
Williamson County Court of Appeals 12/11/96
01A01-9605-CH-00215
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Court of Appeals 12/11/96
Turnbo vs. Turnbo
01A01-9307-CH-00314
Authoring Judge:
Trial Court Judge: Jim T. Hamilton
Wayne County Court of Appeals 12/11/96
01A01-9609-CH-00393
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 12/11/96
01A01-9607-CH-00335
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 12/11/96