Editorial
Front Page - Friday, January 14, 2011
Case Digests: Tennesse Court of Appeals Syllabus
Mitchell Dwayne Gentry v. Jerica Renae Gentry.
Hamilton County – In this divorce case after lengthy trial, the trial court designated the mother as the primary residential parent, awarded the mother alimony, child support and attorney’s fees. The father appealed, asking the trial court be reversed on the award of primary care, and the alimony award to the mother. The mother appeals the issue of whether the father was entitled to appeal, since he had been held in contempt of court. Upon consideration of the issues, we affirm the Judgment of the trial court.
Claude Ramsey, Mayor of Hamilton County, Tenn., et al v. Tennessee Department of Human Services, et al.
Davidson County – The Hamilton County mayor and members of the county commission filed suit against the Tennessee Department of Human Services seeking judicial review of an administrative decision holding that the county penal farm’s commissary and vending machines and the vending facilities at another county building were subject to DHS’s statutory priority regarding blind vendors. The chancellor affirmed the administrative decision, and we affirm the chancellor’s decision.
Patricia Mills, et al v. John H. Booth, II, et al.
Roane County – On November 8, 2008, James Turlington and his wife, Altha Turlington, were killed in an automobile accident after their car tuned left in front of a vehicle being driven by John H Booth, II (“Booth”). Initially, it was believed that the Turlington vehicle was being driven by Altha Turlington. It was determined two days later that the Turlington vehicle was being driven by James Turlington. An accident reconstructionist later concluded that while the Turlington vehicle did turn in front of the Booth vehicle, the Turlington vehicle would have had sufficient time to complete its turn without any collision taking place if Booth had not been speeding. A complaint was filed on November 10, 2009, by Altha Turlington’s daughter, Patricia Mills.
The trial court determined that the statute of limitations began to run on the day of the accident, that the discovery rule could not be used to extend when the statute of limitations began to run, and the complaint had not been filed within the applicable one year statute of limitations. Plaintiff appeals, and we affirm.
Sherry Watson v. Beazer Watson.
Claiborne County – This is a divorce action filed by Sherry Watson (“Wife”) against Beazer Watson (“Husband”). Following a bench trial, the court granted the parties a divorce based on stipulated grounds. It also classified and distributed substantial property, some as separate and the rest as marital. Wife secured new counsel and filed motions, with supporting exhibits, challenging the classification and division of property. The motions purport to be pursuant to, respectively, Tenn. R. Civ. P. 59 and 60.02. The trial court denied the motions. Wife appeals the denial of her motions. We affirm.
William (Bob) Simerly, et al v. City of Elizabethton.
Carter County – William (Bob) Simerly and Lewis Honeycutt (collectively “the Retirees”), along with numerous other former employees of the Elizabethton Electric System (“the EES”) brought this civil action against the City of Elizabethton (“the City”) to recover the value of certain EES benefits claimed to be owed them and wrongfully withheld by the City. After the City agreed to reduce its claims and counterclaims along with all the former employees taking voluntary dismissals, with the exception of Simerly and Honeycutt, both parties jointly filed a motion for partial summary judgment whereby the trial court was asked to rule on the legal validity of the underlying contracts upon stipulation by the parties of a number of exhibits and facts.
The trial court granted the Retirees partial summary judgment, finding the underlying contracts to be legally valid, and the benefits promised thereunder to still be in force. The trial court’s partial judgment reserved the issue of the amount of the Retirees’ damages for a later hearing. The City then filed a notice of appeal from the trial court’s ruling before the hearing on the damages could be scheduled. The Retirees moved in this court to dismiss the appeal on the basis of lack of finality of the trial court’s partial judgment. We denied the Retirees’ motion without prejudice. We reverse the ruling of the trial court on the partial summary judgment.
Kathy D. Partee v. Jaime Vasquez, M.D.
Davidson County – A woman who suffered prolonged bleeding, pain and disabling injury after gynecological surgery filed a pro se malpractice suit against the doctor who performed the surgery. The defendant filed a motion for summary judgment, accompanied by an affidavit in which he testified that in his treatment of the plaintiff he complied at all times with the relevant standard of acceptable professional practice.
Unfortunately for the plaintiff, she was unable to find an expert witness to controvert that affidavit. The trial court granted the plaintiff several continuances to give her the opportunity to procure representation and expert testimony, but when she was unable to do so, the trial court granted the defendant’s motion. We affirm.
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