Supreme Court Opinions

Format: 05/01/2016
Format: 05/01/2016
Robert Jones v. Vick Idles
E2001-02833-SC-S09-CV
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: William E. Lantrip
We granted this appeal to determine whether the chancellor correctly granted a new trial after finding that the jury's allocation of ninety percent of the fault to the plaintiffs and ten percent of the fault to the defendant was against the weight of the evidence and that the evidence supported "a defense verdict for both sides." A majority of the Court of Appeals concluded that the chancellor correctly granted a new trial on both the plaintiffs' claim and the defendant's counterclaim and affirmed the judgment of the trial court. After reviewing the record and applicable authority, we agree with the Court of Appeals and hold that the chancellor properly granted a new trial after finding that the jury's allocation of fault was against the weight of the evidence in his role as the thirteenth juror. Accordingly, we affirm the judgment.
Anderson County Supreme Court 03/31/98
03S01-9704-PB-00042
Authoring Judge:
Trial Court Judge:
Supreme Court 03/30/98
Hazel Coln and Carl Coln vs. City of Savannah, TN
02S01-9702-CV-00008
Authoring Judge:
Trial Court Judge: Julian P. Guinn
Supreme Court 03/30/98
TN. Consumer Advocate vs. TN. Regulatory Authority
01S01-9706-BC-00141
Authoring Judge:
Trial Court Judge:
Supreme Court 03/30/98
Coleman Enterprises, Inc. vs. Huddleston
01S01-9706-CH-00143
Authoring Judge:
Trial Court Judge:
Supreme Court 03/30/98
Evans vs. Steelman
01S01-9701-JV-00019
Authoring Judge:
Trial Court Judge: Shookhoff
Davidson County Supreme Court 03/30/98
Shoffner vs. Tuttle
03S01-9610-CH-00105
Authoring Judge:
Trial Court Judge: Billy Ray White
Supreme Court 03/23/98
State vs. Ronnie Michael Cauthern
02S01-9612-CC-00108
Authoring Judge:
Trial Court Judge:
Supreme Court 03/23/98
State vs. Ronnie Michael Cauthern
02S01-9612-CC-00108
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Supreme Court 03/23/98
03S01-9704-CV-00037
Authoring Judge:
Trial Court Judge:
Supreme Court 03/16/98
Swafford, M.D., vs. Harris, et. al.
01S01-9612-FD-00248
Authoring Judge:
Trial Court Judge:
Supreme Court 03/16/98
In re: Francis E. Dichtel
01S01-9506-BP-00101
Authoring Judge:
Trial Court Judge:
Supreme Court 03/16/98
Northland Ins. Co. vs. State
M1998-00307-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge:
The issue in this case is whether the Tennessee Claims Commission has subject matter jurisdiction over a claim against the State of Tennessee for contribution and indemnity. The jurisdiction of the Claims Commission is set forth in Tennessee Code Annotated section 9-8-307. That statute allows for suits against the State in the Claims Commission alleging that state employees have maintained a dangerous condition on a state maintained highway. The statute, however, does not mention contribution and indemnity suits as part of the Commission's jurisdiction. Because of the principle that a waiver of sovereign immunity must be clear and unmistakable, we conclude that the State has not consented to hear contribution and indemnity claims. We therefore affirm the Court of Appeals' decision dismissing the appellant's claim.
Davidson County Supreme Court 03/14/98