Editorial
Front Page - Friday, June 25, 2010
Case Digests - Tennessee court of appeals syllabus
William Robert Lindsley v. Lisa Whitman Lindsley
Blount County – The plaintiff had filed suit for divorce against defendant and defendant moved for summary judgment on the ground that plaintiff had a prior marriage and theirs was a bigamous relationship. The Trial Judge held that defendant had a prior marriage and voided the parties’ marriage ab initio and dismissed the action. Plaintiff has appealed. We hold that under Texas law where they married, and California law where they resided prior to coming to Tennessee, they could, under the statute, enter into a common-law marriage after the spouse was divorced in the prior marriage. The disputed issue of fact in the summary judgment is whether the parties entered into a common-law marriage after the plaintiff’s prior marriage ended. We remand for a determination of this factual issue.
Rocky Glen Ross v. Donna Angela Ross
Morgan County – This is a divorce case. The trial court granted the husband a divorce on the ground of inappropriate marital conduct and awarded the husband what appears to be a sizable majority of the parties’ assets. The trial court, however, did not adjudicate the wife’s counterclaim for spousal support. Because the order appealed does not adjudicate all of the claims, rights, and liabilities of the parties, it is not a final judgment that is appealable of right. We dismiss.
Charles McBee v. Patricia Anne Greer, et al.
Knox County – Plaintiff was violently attacked as he was attempting to serve process on the defendant in a divorce case. Plaintiff had been employed by a law firm to serve the divorce complaint on the defendant in the divorce case and the firm had attached a written statement to the process “Be forewarned he’s an ex-cop with anger issues”. Plaintiff’s claims for recovery against defendants were intentional infliction of emotional distress/outrageous conduct, negligent misrepresentation and negligence. The trial court dismissed the action responding to defendants’ Tenn R. Civ. P. 12.02(6), and plaintiff has appealed. On appeal, we hold that plaintiff failed to state a cause of action for negligent misrepresentation and intentional infliction of emotional distress/outrageous conduct, but vacate the dismissal of the claim for negligence against defendants, and remand for further proceedings.
Bobby Gerald Riley, and wife, Tanya Riley, Individually and as next of kin for Hunter Riley v. James Orr
Marshall County – This is an appeal of a jury verdict. The plaintiff was hunting with his son. The defendant was also hunting in the general area, and accidentally shot the plaintiff. The plaintiff filed a lawsuit against the defendant for negligence, and included a claim for negligent infliction of emotional distress on behalf of his son. The parties stipulated as to the defendant’s liability, and a jury trial was held on the issue of damages. The jury instructions included instructions on the plaintiff father’s mental pain and suffering and the son’s emotional injury, but did not separately address the plaintiff father’s emotional injury. After deliberating, the jury returned a verdict awarding damages to the plaintiff father as well as an award for the son’s emotional injury. The trial court denied the defendant’s motion for a new trial and approved the verdict. The defendant now appeals. On appeal, the defendant challenges the sufficiency of the evidence supporting the verdict on several elements of damages, and argues that the inconsistency in the jury instructions on emotional injury necessitates a new trial. We affirm in part, vacate in part, suggest remittitur as to the awards for future medical expenses and for emotional injury, and remand for further proceedings.
Pamela C. Bess v. Proper-ties, L.P., et al.
Grundy County – Car A was traveling north on a two-lane highway. Car B, a city police vehicle with its lights and siren on, was also traveling north on the same highway to answer a call. Car A could not pull off the road to the right to yield to Car B and instead turned left as Car B was passing. A collision ensued in which the driver of Car A suffered serious injuries. The driver of Car A sued the city. The trial court found the city 75 percent liable for the accident. The city appealed. We reverse the trial court’s judgment, finding the driver of Car A more than 50 percent responsible for the accident.
Memphis Area Teachers Credit Union v. David Jones
Shelby County – This appeal involves dismissal for failure to prosecute. After receiving an adverse judgment in general sessions court, the defendant appealed to the circuit court. At the circuit court hearing on his appeal, the defendant failed to appear because he mistakenly went to the wrong court. The circuit court dismissed the appeal for failure to prosecute and remanded the case to general sessions for entry of a final judgment. The defendant now appeals. We affirm.
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