Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 08/01/2015
Format: 08/01/2015
Davidson County Court of Appeals 12/11/96
Davidson County Court of Appeals 12/11/96
Turnbo vs. Turnbo
Wayne County Court of Appeals 12/11/96
Court of Appeals 12/11/96
Williamson County Court of Appeals 12/11/96
Putnam County Court of Appeals 12/11/96
Hall, 847 S.W.2D 208, 211 (Tenn. 1993); Clifton v. Bass, 908 S.W.2D 205, 208
Court of Appeals 12/11/96
Court of Appeals 12/11/96
Giles County Court of Appeals 12/11/96
Sumner County Court of Appeals 12/11/96
Wherein The Board'S Discretion Is Not So Broad. See Totty v. Tennessee Dep'T Of
Court of Appeals 12/11/96
Maury County Court of Appeals 12/11/96
Darryl Jones, as surviving next of kin of Goldie Jones, Deceased, v. Dana A. Watson,and Sheree Watson

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
Lois Smith and Cecil Smith, v. Bethel Marie (Smith) Schneider, v. Roger Allen Smith

The petition was filed in accordance with T.C.A. § 36-6-301 which states: Grandparents’ visitation rights. -- (a) The natural or legal grandparents of an unmarried minor child may be granted reasonable visitation rights to the child during such child’s minority by a court of competent jurisdiction upon a finding that such visitation rights would be in the best interests of the minor child. Lois Smith and Cecil Smith appeal from the trial court’s denial of their petition seeking visitation rights with their grandson, Jonathon Allen Smith, pursuant to T.C.A. § 36-6-301.1 The appellants are the parents of Roger Allen Smith whose marriage to Bethel Marie Smith (now Schneider) ended in divorce in April 1990. Jonathon Allen Smith was born to that marriage and was age 7 at the time of the hearing which is the subject of this appeal. Custody of Jonathon was awarded to his mother.

Henderson County Court of Appeals 12/11/96
Blount County Court of Criminal Appeals 12/11/96
Court of Appeals 12/11/96
Court of Appeals 12/11/96
Court of Appeals 12/11/96
Meigs County Court of Criminal Appeals 12/10/96
Nancy Buchanan, Mother et al., Next of Kin of Corwendell D. Perkins, Deceased, v. Hardemen County Tennessee and Hardeman County Highway Dept.

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the
Court of Appeals of Tennessee. The plaintiffs/appellants in this cause, Nancy Buchanan, et al., (“Buchanan”) appeal the trial court’s grant of summary judgment to defendants/appellees, Hardeman County, Tennessee, et al., (“Hardeman County”). After a serious automobile accident on Minnie Hill Road in Hardeman County, Buchanan filed suit against Hardeman County for wrongful death, alleging that the road was not properly maintained by the County. Buchanan alleged that the accident would not have occurred had a lower speed limit been posted, a warning sign been erected, the curve properly delineated by road markings, and guardrails been installed. Buchanan argues that the doctrine of sovereign immunity does not apply to Hardeman County in this case and that the road was unsafe, dangerous, and defective under Tenn. Code Ann. § 29-20-203(a).

Hardeman County Court of Appeals 12/09/96
Angie Brooks, v. Kimberly Quam Davis and Gayle Schaal, and Erica Brooks, a minor B/N/F Angie Brooks, mother and natural guardian, v. Kimberly J. Quam Davis and Amy Schaal

This appeal is from the dismissal of the separate, but consolidated, suits of a mother and daughter for their personal injuries sustained while guest-passengers in a vehicle owned by Gayle (Amy) Schall and operated by Kimberly J. Quam Davis (hereafter "Ms. Davis"). Allstate Insurance Company (hereafter "Allstate") was served with process as an uninsured motorist insurer.

Montgomery County Court of Appeals 12/08/96
Louis A. McRedmond, Patrick J. McRedmond, Jr., and Monica McRemond Terry, on behalf of Elk Brand Mfg Co., v. Andrew Marianelli, Walter Marianell, David Manning, et al.

The captioned plaintiffs have appealed from a summary judgment dismissing their suit against the captioned defendants.

Davidson County Court of Appeals 12/06/96
Knott's Wholesale Foods, Inc., v. Billy L. Azbell and J & R Foods, Inc.

In this case, Defendant Billy Azbell (Azbell) appeals the trial court’s order granting summary judgment in favor of Plaintiff Knott’s Wholesale Foods, Inc. (Knott’s), finding that Azbell breached his fiduciary duty of loyalty as an employee. The trial court issued injunctive relief against Azbell and subsequently found that Azbell and defendant J & R Foods (J & R) engaged in a civil conspiracy to circumvent the injunction. Injunctive relief was issued against Azbell and J & R, and both defendants were held liable for compensatory damages, punitive damages, and attorneys’ fees. Azbell and J & R appeal. We affirm in part and reverse in part.

Court of Appeals 12/06/96
Charles E. Greer v. Correction Corporation of America, et al.

An inmate in a Tennessee prison operated by Corrections Corporation of America filed a complaint which alleged that prison guards employed by the corrections company had converted his personal property. The chancery court dismissed his complaint for failure to state a claim upon which relief can be granted. We reverse and reinstate the complaint.

Davidson County Court of Appeals 12/06/96
Dixie Millburn Selby, v. Landon Selby

This is an appeal by defendant/appellant, Landon Selby, from a decision of the chancery court which granted appellant and plaintiff/appellee, Dixie Millburn Selby, a divorce and distributed the parties' marital and separate assets. The facts out of which this case arose are as follows.

Rutherford County Court of Appeals 12/06/96