Editorial
Front Page - Friday, January 7, 2011
Case Digests: Tennesse Court of Appeals Syllabus
Mark Cooper, Individually and on behalf of the Heirs at Law of Leslie Phillipsen v. Thomas N. Tabb, M.D., Individually, Thomas N. Tabb, P.C., and Perinatal Associates, P.C.
Shelby County – This medical malpractice case involves the reconsideration of an order granting a new trial. The patient, in her second trimester of pregnancy, presented at the hospital with abdominal pain and bleeding. Her treating physician consulted with a maternal-fetal specialist physician. The patient suffered a placental abruption, and the fetus died in utero. Later that day, the patient developed a blood-clotting disorder. She died that evening.
The patient’s husband filed this lawsuit against the treating physician, the hospital and its employees, and the maternal-fetal specialist physician. A settlement was reached with all of the defendants except for the maternal-fetal specialist, and a jury trial was held as to only the specialist.
The jury returned a verdict in favor of the defendant specialist. The trial court granted the plaintiff husband’s motion for a new trial.
Three years later, the defendant specialist filed a motion asking the trial court to reconsider its order granting a new trial. Upon reconsideration, the trial court granted the motion and reinstated the jury verdict. The plaintiff husband now appeals.
We reverse, concluding that the trial court had jurisdiction to reconsider its initial order, and that the trial judge’s remarks, taken as a whole, indicate he was not satisfied with the jury verdict. Accordingly, we remand for a new trial.
John F. Johnson v. Tennessee Department of Correction, et al.
Hickman County – Cert-iorari proceeding in which an inmate seeks reversal of trial court’s affirmance of disciplinary board proceeding finding inmate guilty of solicitation of staff in violation of Tennessee Department of Correction policy and grant of judgment on the record to the Tennessee Department of Corrections.
Petitioner asserts that the decision of the disciplinary board was unsupported by material evidence and was procedurally defective.
Finding no error, we affirm the decision of the trial court.
Dawn Ann Davis (Goodwin) v. Daniel Pace Goodwin.
Shelby County – In this divorce case, Wife appeals the trial court’s division of marital property. She asserts that the parties’ marital residence is her separate property and that the trial court erred in awarding Husband a share of the net proceeds following its court-ordered sale.
Wife contends that she purchased the property during the marriage with her separate, premarital funds, that it was titled and financed in her name only, and that she paid the mortgage, taxes and insurance on the property.
We agree that the trial court erred and conclude that the marital residence is Wife’s separate property. However, because the property increased in value during the marriage, we remand to the trial court to determine whether Husband substantially contributed to its preservation and appreciation. Reversed and remanded.
In the Matter of: Estate of Curtis Rinda, Terry Abernathy, Administrator.
McNairy County – App-ellant, the Estate of the Decedent herein, appeals the Chancery Court of McNairy County’s denial of the Estate’s exception to a claim for Decedent’s funeral expenses. Decedent’s brother, the Appellee herein, held a power of attorney for his father (who is also Decedent’s father). Appellee exercised the power of attorney to arrange Decedent’s funeral and to pay for that funeral with the father’s funds.
The claim, which was filed in Appellee’s name only, was excepted by the Estate, on grounds that Appellee had no standing to file the claim because he did not, in fact, pay the funeral expenses. The trial court allowed the claim, but held that it was payable to the father. The Estate appeals.
We find that the existence and amount of the claim are supported by the record, and that Appellee’s power of attorney authorized him : (1) to bind the father to the funeral contract, (2) to pay the funeral expenses from the father’s funds and (3) to file a claim against the Estate, on behalf of the father, to recoup those expenses from the Estate. The decision reached by the trial court is affirmed.
Saundra Kay (Pace) Mason v. James E. Mason.
Hardin County – This is a divorce case. The parties had a long-term marriage, with one minor child born of the marriage. The wife was designated as the primary residential parent, and the husband was required to pay alimony and child support.
The wife appeals the amount of child support, the alimony award, and the trial court’s denial of her request for attorney fees. The husband argues that he was entitled to relief from his pendente lite child support payments while he was out of work recovering from several surgeries.
We reverse the trial court’s holding on the husband’s pendente lite child support, affirm the remainder of the trial court’s holding, and remand.
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