Court of Appeals Opinions

Format: 10/25/2014
Format: 10/25/2014
02A01-9506-CH-00128
Authoring Judge:
Trial Court Judge: George R. Ellis
Gibson County Court of Appeals 09/12/96
02A01-9504-CV-00095
Authoring Judge:
Trial Court Judge: D'Army Bailey
Shelby County Court of Appeals 09/12/96
02A01-9504-CH-00080
Authoring Judge:
Trial Court Judge: D. J. Alissandratos
Shelby County Court of Appeals 09/11/96
01A01-9603-CH-00125
Authoring Judge:
Trial Court Judge: Henry Denmark Bell
Williamson County Court of Appeals 09/11/96
01A01-9511-CH-00501
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 09/11/96
01A01-9602-CV-00078
Authoring Judge:
Trial Court Judge: Donald P. Harris
Williamson County Court of Appeals 09/11/96
01A01-9601-CV-00038
Authoring Judge:
Trial Court Judge:
Court of Appeals 09/11/96
01A01-9601-CV-00038
Authoring Judge:
Trial Court Judge: Thomas Goodall
Sumner County Court of Appeals 09/11/96
Herman Davis and wife, Darnell Davis, v. Paul A. Hatcher, Sr., M.D.
03A01-9601-CV-00016
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge:

This malpractice action was dismissed on motion for summary judgment. It arose from a routine prostate resection which went awry, resulting in adverse consequences to the plaintiff. A device referred to as a resectoscope manufactured by the Circon ACMI Ohio Manufacturing Company,1 malfunctioned while being used by and under the control of the defendant, Dr. Paul Hatcher [hereafter, the “defendant”]. It is not disputed that a portion of the penis of the plaintiff, Herman Davis [hereafter, “plaintiff”], was either chemically, thermally or electrically burned away, with disastrous results unnecessary here to be recounted.

Knox County Court of Appeals 09/09/96
Herman Davis and wife, Darnell Davis, v. Paul A. Hatcher, Sr., M.D.
03A01-9601-CV-00016
Authoring Judge:
Trial Court Judge: Senior Judge William H. Inman

This malpractice action was dismissed on motion for summary judgment. It arose from a routine prostate resection which went awry, resulting in adverse consequences to the plaintiff. A device referred to as a resectoscope manufactured by the Circon ACMI Ohio Manufacturing Company,1 malfunctioned while being used by and under the control of the defendant, Dr. Paul Hatcher [hereafter, the “defendant”]. It is not disputed that a portion of the penis of the plaintiff, Herman
Davis [hereafter, “plaintiff”], was either chemically, thermally or electrically burned away, with disastrous results unnecessary here to be recounted.

Knox County Court of Appeals 09/09/96
Harold Wayne Gibson, and wife, Sylvia Gibson, v. Kit G. McGlothlin, D/B/A Kit McGlothlin Builders, Inc., et al.
03A01-9601-CH-00019
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge:

This is an action for damages for breach of a construction contract and of an implied warranty of good workmanship and materials and for negligent construction.

Sullivan County Court of Appeals 09/09/96
Eldred L. Reid v. Jerry Stover and Charles Noles
02A01-9601-CV-00016
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joe G. Riley. Jr.

Plaintiff, Eldred Reid, is a prisoner currently incarcerated at the Northwest 2 Correctional Center in Tiptonville, Tennessee. Plaintiff brought this suit under 42 U.S.C. § 1983, alleging that various officials at the correctional center violated his constitutional rights.

Lake County Court of Appeals 09/09/96
Henry County Medical Center, v. Henry Gronski, M.D.
02A01-9412-CV-00279
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge C. Creed Mcginley

This is a breach of contract action brought by Henry County Medical Center (HCMC) against Henry Gronski, M.D. (Gronski). In response, Gronski admitted the amounts owed to HCMC under the contract but claimed that he was owed a larger amount as set-off. The trial court awarded HCMC a judgment of $44,900.40 on the contract and awarded Gronski $56,204 as set-off. The court also ordered HCMC to pay Gronski's attorney's fees and accountant fees. HCMC appeals the court’s award of set-off to Gronski as well as the award of attorney’s and accountant fees. We affirm the trial court on all issues.

Henry County Court of Appeals 09/09/96