Editorial
Front Page - Friday, July 24, 2009
Case Digests - Tennessee court of appeals syllabus
Raymond Clay Murray, Jr. vs. Jes Beard
Hamilton County - This is the second appeal in a legal malpractice case filed by Raymond Clay Murray, Jr. (“the Client”) against Jes Beard (“the Attorney”). In the first appeal, we affirmed the Trial Court’s sanction against the Attorney for discovery abuse which prohibited the Attorney from introducing any expert testimony at trial. However, a majority of this Court reversed the Trial Court’s issuance of a default judgment as a further sanction against the Attorney. We also affirmed the Trial Court’s determination that the amount of the Client’s damages totaled $16,697.38. We remanded the case on the sole issue of liability. On remand, both parties filed motions for summary judgment. The Trial Court granted the Client’s motion for summary judgment and found the Attorney 100% at fault for the Client’s damages. The Trial Court then denied the Attorney’s motion for summary judgment, found that motion was filed in violation of Tenn. R. Civ. P. 11, and awarded an additional $1,374.94 in damages. The Attorney appeals raising several issues. We affirm the Trial Court’s judgment in all respects.
Kerrie Frost v. James Shehane, et al
Maury County - Tenant filed suit against former landlords, alleging violations of the Uniform Residential Landlord and Tenant Act (“URLTA”) and the Tennessee Consumer Protection Act (“TCPA”). Landlords filed a counter-claim, alleging that tenant breached the lease. The trial court awarded damages to landlords for breach of lease and awarded punitive damages under the URLTA to tenant. Finding that the trial court erred in the amount of damages awarded to landlords, the award is modified. Finding that tenant elected to pursue treble damages under the TCPA, the award of punitive damages under the URLTA is vacated and the matter remanded for the trial court’s consideration of whether an award of treble damages is warranted.
Jamie C. Runions v. Tennessee State University, et al
Davidson County - A woman enrolled in a nursing program at Tennessee State University received a grade of D in one of her courses and was dropped from the program. She appealed to the provost of the university, who led her to believe that she had been, or would be, reinstated. She learned that this was not so when she returned to class and the instructor physically escorted her from the classroom. She brought suit against the university and four of its employees, including the provost, asserting claims of battery, conspiracy to commit battery, and intentional infliction of emotional distress. The trial court dismissed her suit for failure to state a claim upon which relief can be granted. See Tenn. R. Civ. P. 12.02(6). We affirm.
Herbert Jones v. Lemoyne-Owen College and Cheryl Golden
Shelby County - This is a breach of contract case. The plaintiff college professor was asked by his employer college to teach a summer class. The class was cancelled after the professor had taught only two class sessions. The college said that the class was cancelled due to low enrollment; this reason was disputed by the professor. The professor filed a lawsuit against the college for breach of express contract, breach of contract implied in fact, breach of contract implied in law, breach of the implied covenant of good faith and fair dealing, and intentional interference with contractual relations. The trial court granted summary judgment to the defendant college on all of the professor’s claims. The professor appeals, arguing that he was denied discovery and that the grant of summary judgment was erroneous. We affirm the challenged discovery rulings and the grant of summary judgment as to the claims for breach of express contract, breach of contract implied in fact, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations, and as to the claim for breach of contract implied in law with respect to the second class taught by the plaintiff. We reverse the grant of summary judgment as to the claim for breach of contract implied in law with respect to the first class taught by the plaintiff.
Robert Nicely vs. Berkline, LLC
Hamblen County - Robert Nicely (“Plaintiff”) was employed as a truck driver for Evinco Professional Services, Inc. (“Evinco”). Evinco contracted with Blue Mountain Trucking Corporation for the delivery of various goods. In March 2004, Plaintiff was injured while unloading furniture that had been loaded onto his truck by employees of Berkline, LLC. Plaintiff sued Berkline, LLC, (“Defendant”) for personal injuries. Defendant filed a motion for summary judgment claiming that an employment agreement signed by Plaintiff barred this lawsuit. The Trial Court disagreed and allowed the case to go to the jury. The jury returned a verdict for Plaintiff in the amount of $500,000. Because the jury found Plaintiff 20% at fault for his own injuries, the judgment was reduced to $400,000. Defendant thereafter filed a motion for a new trial or for a remittitur, both of which the Trial Court denied. Defendant appeals. Finding no error, we affirm the judgment of the Trial Court.
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