OPINION CHARLES D. SUSANO, JR., P.J., delivered the opinion of the Court, in which D. MICHAEL SWINEY and JOHN W. McCLARTY, JJ., joined. This action against David Higgins ("the Instructor") and his employer, the Knox County Board of Education ("KCBE"), is based upon events that occurred while the plaintiff Jane Doe 1 ("the Student") was a freshman ROTC 2 student at West High School in Knoxville. In simple terms, the Instructor allowed the Student and other female ROTC students to drink...
OPINION FRANK G. CLEMENT, Jr., Judge. In this medical malpractice action, the plaintiff alleged that the defendant, a neurosurgeon, negligently penetrated her spinal cord with a surgical instrument while performing a cervical fusion at two levels of her neck leading to partial paralysis and other neurological problems. She was ultimately diagnosed with a condition called Brown Sequard Syndrome. The issues were tried before a jury; however, several of the claims were dismissed on directed...
MEMORANDUM OPINION 1 DAVID R. FARMER, J. This is a property boundary dispute. The trial court entered judgment in favor of Plaintiff and found that Defendant did not acquire disputed property bordering the western edge of Plaintiff's property and the eastern edge of Defendant's property by adverse possession. The trial court also found that Defendant did not demonstrate laches. We affirm. This property dispute concerns approximately three acres of farm property ("the disputed property)...
OPINION CHARLES D. SUSANO, Jr., P.J. Winston Payne brought this action against his former employer, CSX Transportation, Inc., under the Federal Employers' Liability Act ("FELA"), alleging that CSX negligently exposed him to asbestos, diesel fumes, and radioactive materials in the workplace causing his injuries. 1 The jury returned a verdict finding (1) that CSX negligently caused Payne's injuries; (2) that CSX violated the Locomotive Inspection Act or safety regulations regarding exposure to...
MEMORANDUM OPINION 2 HOLLY M. KIRBY, J. This case involves a complaint for damages alleging breach of contract, fraud, and violation of the Tennessee Consumer Protection Act. After a bench trial, the trial court held in favor of the plaintiff on several of the claims and awarded damages. Almost a year after the final order was entered, the defendants filed a motion to set aside the order pursuant to Rule 60 of the Tennessee Rules of Civil Procedure, but the trial court denied the motion. The...
OPINION ANDY D. BENNETT, J. Mother of a third-grade student filed a common-law writ of certiorari seeking judicial review of school board's decision to uphold a semester long expulsion of her child. The child was considered disabled due to his diagnosis of Attention Deficit Hyperactivity Disorder ("ADHD") and was provided with an Individualized Education Program ("IEP") as required under the Individuals with Disabilities Education Act ("IDEA"). Mother argues that the school board was without...
OPINION THOMAS R. FRIERSON, II, Judge. The plaintiff, who is the decedent's daughter, filed this will contest action regarding the estate of the decedent on April 24, 2012. A previous will contest proceeding brought by another daughter of the decedent had been dismissed by the trial court through an order entered February 7, 2012. The trial court dismissed the instant will contest as barred by the final judgment in the previous in rem proceeding. The plaintiff appeals. Discerning no error,...
OPINION JOHN W. McCLARTY, Judge. In this wrongful death action, the plaintiffs alleged that after the deceased was involved in a single car accident, the investigating officer improperly allowed her to continue driving, resulting in her death when she had another wreck shortly thereafter. In the initial lawsuit, the defendants moved for summary judgment. The trial court found that the public duty doctrine applied and granted the motion. After the plaintiffs appealed, we held that under the...
OPINION RICHARD H. DINKINS, J. Client sued her former attorney for legal malpractice, breach of contract, and negligent infliction of emotional distress arising from the attorney's failure to include in the marital dissolution agreement, prepared for the client and incorporated into Final Divorce Decree, provisions that would permit the client to receive one-half of her husband's military pension and to be listed as the beneficiary of his Survivor Benefit Plan following their divorce. The...
MEMORANDUM OPINION 1 DAVID R. FARMER, Judge. Petitioner/Appellant was terminated from her position with the Shelby County Division of Corrections for violating the Division's Standards of Conduct and for untruthfulness. The Civil Service Merit Board affirmed. On appeal, the Chancery Court for Shelby County affirmed the Board's decision. We affirm. The facts relevant to our disposition of this matter are not disputed. Petitioner/Appellant Aretha Moss (Ms. Moss) was employed as a corrections...
OPINION FRANK G. CLEMENT, JR., J. The parents of six children appeal the termination of their parental rights. The trial court terminated the parental rights of both parents on two grounds, substantial noncompliance with the permanency plans and persistence of conditions, and the determination that termination of both parents rights was in the best interests of the children. We affirm. Joshuia R. ("Father") and Melisha R. ("Mother"), married in February 2003, are the parents of six children:...
OPINION THOMAS R. FRIERSON, II, Judge. This appeal involves the question of whether the trial court properly limited a medical expert's testimony at trial regarding the standard of care in an informed consent health care liability action. In the case at bar, the defendant filed a motion in limine seeking to limit the testimony of the plaintiff's expert at trial regarding risks that should have been disclosed to the plaintiff to only those risks that actually resulted in injury. The trial...
OPINION PATRICIA J. COTTRELL, P.J. Grandparents were awarded custody of Child after a dependency and neglect finding. Grandparents later filed petition to terminate Mother's parental rights and to adopt Child. The trial court terminated Mother's rights after concluding Mother abandoned Child and that it was in Child's best interest for Mother's rights to be terminated. The evidence supports the trial court's finding by clear and convincing evidence that Mother abandoned Child by failing to...
OPINION DAVID R. FARMER, J. Plaintiff filed retaliatory discharge suit against his former employer, Defendant. According to his complaint, Defendant's owner engaged in illegal activity. Plaintiff complained to Defendant's owner of the illegal activity and was subsequently terminated. The trial court dismissed Plaintiff's complaint because Plaintiff did not report the illegal activity to any person or entity other than the Defendant's owner, who was a participant in the illegal activity....
OPINION In this action, the trial court granted Wife a divorce on fault-based grounds against Husband and awarded $1,500.00 monthly in transitional alimony to Wife for a period of thirty-six months. Husband appeals. Determining the amount of alimony to be beyond Husband's ability to pay, we modify the transitional alimony award to $1,000.00 monthly to Wife for thirty-six months. We affirm the judgment in all other respects. I. Factual and Procedural Background The parties were married on...
OPINION RICHARD H. DINKINS, J. Father appeals the trial court's holding that termination of his parental rights to two children was in the best interest of the children. Finding no error, we affirm the judgment of the trial court. I. HISTORY OF THE CASE This termination of parental rights proceeding arises out of a dependent and neglect action initiated on December 28, 2010 against Jennie R. C. and Jesse J. C., Sr., by the Department of Children's Services ("DCS"). Following investigation...
MEMORANDUM OPINION 1 PER CURIAM. This is an appeal from a decision of the Tennessee Claims Commission dismissing a claim filed by James Ferrell alleging that his pickup truck was unlawfully taken from him. The State of Tennessee has filed a motion to dismiss the appeal for failure to file a timely notice of appeal. Claims Commissioner Hibbitt entered an order dismissing Mr. Ferrell's claim on September 24, 2012. Mr. Ferrell filed a Motion to Reconsider that was denied on November 21, 2012....
OPINION PATRICIA J. COTTRELL, P.J. An apprentice lineman agreed to help a neighbor by climbing a utility pole on the neighbor's land and disconnecting an electrical wire at the top. After he disconnected the wire, the pole fell over, causing the lineman himself to fall and to suffer severe injuries. He filed a negligence complaint, alleging that the neighbor had not set the pole deeply enough into the ground, thereby rendering it unreasonably dangerous. The trial court granted summary...
OPINION CHARLES D. SUSANO, JR., P.J. Johnny Pyle sued Betty Mullins for personal injuries sustained in a three-vehicle accident. 1 Mullins admitted liability. The issue of damages was tried to a jury. At the close of the proof, the jury returned a verdict awarding Pyle $15,000 in compensatory damages. The trial court, in its role as the thirteenth juror, affirmed the verdict. Pyle appeals. He claims the verdict should be set aside because of a lack of material evidence to support the verdict,...
OPINION ANDY D. BENNETT, J. Singer brought action for breach of contract against musical tribute show Producer. Producer did not attend trial and his counsel moved to withdraw immediately prior to trial. The court heard Singer's evidence and entered judgment in Singer's favor. Producer retained new counsel and moved for a new trial on the basis of excusable neglect. The trial court denied the motion for a new trial and Producer appealed. Discerning no error, we affirm. FACTUAL AND PROCEDURAL...
