Court of Appeals Opinions

Format: 05/25/2017
Format: 05/25/2017
Randall E. Deskins, et ux., v. Beulah M. Williams
03A01-9701-CV-00023
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Rex Henry Ogle

Randall E. Desksins and his wife Thelma Jean Deskins, appeal a judgment of the Circuit Court for Sevier County, entered pursuant to a juryverdict, which dismissed their claim against Beulah M. Williams for personal injuries suffered by Mr. Deskins and loss of consortium and services by Mrs. Deskins, resulting from an automobile accident occurring on June 3, 1989. Mr. Deskins also appeals a judgmentin favor of the original Defendant and Counter-Plaintiff, Beulah M. Williams.

Sevier County Court of Appeals 09/09/97
Gloria Spivey, et al vs. James Robinson, et al
02A01-9704-CV-00075
Authoring Judge:
Trial Court Judge: William B. Acree
Shelby County Court of Appeals 09/09/97
Robert Mabon, et al vs. Jackson-Madison Gen. Hosp., et al
02A01-9702-CV-00039
Authoring Judge:
Trial Court Judge: Whit A. Lafon
Madison County Court of Appeals 09/08/97
Eileen Smith vs. Shelby Co. Government
02A01-9701-CH-00024
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 09/08/97
David Neal, et ux vs. Keith Boggs, et al
02A01-9612-CV-00305
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Gibson County Court of Appeals 09/08/97
Coy Hardaway, et al vs. William Burnett
02A01-9508-CH-00179
Authoring Judge:
Trial Court Judge: D. J. Alissandratos
Shelby County Court of Appeals 09/08/97
02A01-0611-CV-00279
Authoring Judge:
Trial Court Judge: Wyeth Chandler
Shelby County Court of Appeals 09/08/97
Mary Ann Umstot v. Edward Shirer Umstot
02A01-9701-CV-00008
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Karen R. Williams

This is a divorce case. Edward Shirer Umstot (Husband) appeals the order of the trial court awarding a divorce, alimony in solido, and child support to Mary Ann Umstot (Wife). 1 At the time of the divorce, one of the children was eighteen years old and the other child was fifteen years old. 2 Wife’s expert, who valued the plan, testified that a defined benefit plan is a plan in which a benefit is accumulated during one’s working years or tenure with a particular employer that will ultimately be paid out upon retirement or the attainment of so many years of service or a certain age. 3 The trial court accepted the lower value because the parties testified that the property occasionally floods. 2 The parties were married on August 16, 1977 and had two children during the marriage.1 At the time of the divorce, Wife was 52 years old, and Husband was 53 years old. Husband is in good health, but Wife was recently diagnosed with malignant melanoma. She testified that she has a 40% chance of living another five years.

Shelby County Court of Appeals 09/05/97
Mary Ann Umstot v. Edward Shirer Umstot - Dissenting/Concurring
02A01-9701-CV-00008
Authoring Judge: Judge David G. Hayes
Trial Court Judge:

I respectfully dissent from that portion of the majority's opinion which concludes that the trial court's award of alimony in solido was excessive. As noted by the majority, the trial court's order awarded 58% of the marital estate to the wife and 42% percent of the marital estate to the husband. This court's ruling, in its attempt to achieve “a more equitable division," awards 51% of the marital estate to the wife and 49% percent to the husband.

Court of Appeals 09/05/97
Dorothy R. W. Barham v. Diane W. Cooper
02A01-9608-CH-00200
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor D. J. Alissandratos

This case involves a complaint for an accounting and injunctive relief. Plaintiff, Dorothy R. W. Barham, appeals the order of the trial court affirming the report of the Special Master in favor of defendant, Diane W. Cooper.

Shelby County Court of Appeals 09/05/97
James Chase, Jr., v. Physiotherapy Associates, Inc., F. Wiliam Hackmeyer, Jr., and Everett P. Hailey
02A01-9607-CV-00171
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge D'Army Bailey

This is premises liability suit. Plaintiff, James Chase, Jr. (Chase), appeals the trial court’s entry of a judgment on the jury verdict finding that the defendants, F. William Hackmeyer, Jr. 2 and Everett P. Hailey, were 50% negligent and that Chase was 50% negligent, therefore barring Chase’s recovery.

Shelby County Court of Appeals 09/05/97
William J. Chase, Yr., as Administrator C.T.A of the Estate of Betty Lou Stidham, Deceased, v. The City of Memphis, Tennessee
02A01-211-CV-00327
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This appeal involves a suit for wrongful death based on negligence under the Tennessee governmental Tort Liability Act, T.C.A. § 29-20-101 et seq. (1980) and for wrongful death based on the creation of a special relationship and a nuisance. Defendant, the City of Memphis, 2 appeals from the trial court’s judgment in favor of plaintiff, William J. Chase, as Administrator C.T.A. of the Estate of Betty Lou Stidham. The trial court, sitting without a jury, found that plaintiff’s damages totaled $1,897,713.03, and that the City’s negligence caused 40 percent of those damages. However, because of the application of the Tennessee Governmental Tort Liability Act (hereinafter the Act), the court limited plaintiff’s recovery to $130,000.00, and entered a judgment in that amount.

Shelby County Court of Appeals 09/05/97
Myrtle Mae Daly Brown v. Norma Jean Belton Daly
02A01-9611-CH-00275
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Special Chancellor John C. Robertson

This appeal concerns a suit for partition and sale of real property. In June 1989, Myrtle Mae Daly Brown, Willie Myrle Daly Cruse, Mary Elizabeth Daly Wolfe and T. J. Ward filed suit against Norma Jean Belton Daly, Appellee, claiming that they each own an undivided one-fifth interest in property, identified as 700 Reed Hooker Road, as the children and surviving heirs of Earl J. Daly (hereinafter “Father”) who died on August 7, 1966.1 They further asserted that Appellee is the rightful owner of the remaining one-fifth interest as the widow and will beneficiary of Earl W. Daly (hereinafter “Son”), their brother, who died in August 1988. Appellee filed a counter-claim contending that Son solely owned the property at the time of his death and that as the land passed to her under the terms of his will, she is the lawful owner in fee simple. Appellee asserted that Son acquired the entire property either by prescription or by transfer of equitable title from Father to Son based on a contract to purchase. Appellee also relied upon the defense of laches.

Shelby County Court of Appeals 09/04/97