88 results for 'court:"Tennessee Court of Appeals"'.
J. Swiney finds that the trial court properly denied the John Doe company's motion to void the judgment dismissing this legal malpractice case in which the company alleges that its former counsel failed to inform it of the expiration of a judgment the company obtained in an underlying lawsuit more than a decade ago. The judge who entered the dismissal based on the company's failure to timely bring the action had represented a third-party in the underlying suit before becoming a judge, but the company did not alert the judge of his prior relationship to the third-party until more than four months after the judge had entered his judgment. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: May 28, 2024, Case #: E2023-00236-COA-R3-CV, Categories: Judiciary, Due Process, Legal Malpractice
J. Frierson finds that the trial court improperly terminated a mother’s parental rights to her child on grounds of abandonment by failure to visit. The trial court did not take into account the mother's frequent FaceTime calls with the child, which "could potentially demonstrate more than token visitation." Reversed in part.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: May 28, 2024, Case #: E2023-00842-COA-R3-PT, Categories: Family Law
J. McClarty finds that the trial court properly found in favor of a booster seat manufacturer in this product liability case brought by a wife after her child was injured in a car collision. She alleges the manufacturer failed to warn that the use of a seat belt extender used for her child was dangerous. The manufacturer did not have a legal duty to warn about misuse of the product. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 28, 2024, Case #: E2023-00488-COA-R3-CV, Categories: Product Liability
J. Davis finds the trial court improperly terminated a father’s parental rights to his two minor children on grounds of abandonment, but properly terminated his rights on the grounds of failure to manifest an ability and willingness to parent. The father failed to meet the statutory requirements for abandonment by an incarcerated parent, but did meet the requirement to assume custody and financial responsibility. Therefore, the termination was in the best interest of the children, but the court remands this case for further proceedings on abandonment. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 22, 2024, Case #: E2022-01803-COA-R3-PT, Categories: Family Law, Guardianship
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J. Frierson finds the trial court properly dismissed a graduate student/teacher assistant’s contract and employment discrimination claims against the university due to sovereign immunity, a lack of subject matter jurisdiction, and the statute of limitations. The contract claim is within the exclusive jurisdiction of the Tennessee Claims Commission. Affirmed.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: May 22, 2024, Case #: E2023-00023-COA-R3-CV, Categories: Employment, Immunity, Contract
J. McClarty finds the trial court improperly denied Ford’s motion for relief of the summary judgment orders in this product liability case brought by a wife after her husband died and child was injured in a car collision. She alleges Ford failed to warn that a seat belt extender used for her child was only intended for a Ford vehicle and not the Nissan Juke. The trial court’s decision is remanded for future proceedings since Ford did not have a legal duty to warn about misuse of the product. Reversed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 20, 2024, Case #: E2023-00889-COA-R9-CV, Categories: Evidence, Vehicle, Product Liability
J. Stafford finds the trial court properly granted custody to the mother with the father having visitation of their children in this custody modification. The maternal grandparents were originally granted custody of the children due to both of the parents’ drug abuse, but that was reversed for the grandparents to show proof of substantial harm. Therefore, the grandparents filed a joint petition for custody to be returned to the mother. The father challenged the trial court on several issued, but they all lack merit. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 20, 2024, Case #: M2023-00767-COA-R3-CV, Categories: Family Law, Guardianship
J. Stafford finds that the trial court properly terminated a father’s parental rights on the grounds of abandonment by an incarcerated parent through wanton disregard, and failure to manifest an ability or willingness to parent. He alleges his due process rights were violated, but fails to show a deprivation in the termination proceedings. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2022-01252-COA-R3-PT, Categories: Family Law, Due Process
J. Stafford dismisses a homeowner’s appeal stemming intentional misrepresentation, negligent misrepresentation, fraud and Truth in Lending Act claims brought against the mortgage service that refinanced her mortgage. She fails to comply with requirements of the appellate procedure rules. Therefore, this case is remanded to the trial court for further proceedings. Reversed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2023-00696-COA-R3-CV, Categories: Civil Procedure, Fraud, Banking / Lending
J. Clement upholds the trial court’s decision granting summary judgment in favor of the city in this personal injury case brought by a resident alleging he was injured after slipping and falling off the city-owned pool’s diving board. The city claimed immunity from liability under the Tennessee Recreational Use Statute as an affirmative defense. The resident and his wife did not imply any exceptions or limitations for their negligence claims under the statute. Swimming and diving are a recreational activity, and the city pool is considered “land” or “premises” under the statute. Therefore, the city is entitled to immunity as a matter of law. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: May 14, 2024, Case #: M2023-00654-COA-R3-CV, Categories: Evidence, Immunity, Premises Liability
J. McClarty finds that the trial court improperly terminated a mother’s parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, and substantial noncompliance with the permanency plans. The trial court properly terminated the parental rights for the persistence of conditions which led to removal, severe child abuse and failure to manifest an ability and willingness to assume custody of the child. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 14, 2024, Case #: W2022-01312-COA-R3-PT, Categories: Evidence, Family Law
J. Davis finds that the trial court properly ruled in fraudulent inducement claims the decedent's estate brought against his stepson because evidence indicates the stepson employed undue influence to access funds from a checking account. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 10, 2024, Case #: E2023-00722-COA-R3-CV, Categories: Fraud
J. McBrayer finds that the trial court properly determined a minor child should be adopted by his maternal grandfather since the comparative fitness test indicated this arrangement would serve the best interests of the child following the death of his mother. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: May 9, 2024, Case #: W2022-01617-COA-R3-PT, Categories: Family Law
J. Bennett finds that the trial court properly found for the city in claims contending plaintiff tripped and fell over uneven sidewalk because neither evidence nor expert testimony indicated the city had constructive notice of the dangerous condition. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: May 2, 2024, Case #: M2023-00736-COA-R3-CV, Categories: Negligence
J. Goldin finds that the trial court improperly ruled in tort liability claims brought after plaintiff was struck by a city vehicle when he stepped off a curb in the middle of a block to cross between two stopped vehicles, at which point the light changed, because the record does not indicate the accident had been caused by negligent hiring and retention of a city employee. Meanwhile, the record indicates plaintiff was at least 50% at fault.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: May 1, 2024, Case #: W2023-00437-COA-R3-CV, Categories: Vehicle, Negligence
J. Bennett finds the lower court properly found in favor of a store in this matter of alleged premises liability, tort and workers' compensation. A sales representative was injured when a barn door track fell out of a display and struck him on the head. He filed for and received workers’ compensation from his employer, but seeks relief from the store on grounds that it was negligent in maintaining the display and created the hazardous condition that caused his injury. The lower court found the store to be a principal contractor and immune from tort liability, it also found it to be a statutory employer. As a statutory employer, it is responsible for workers’ compensation only if the primary employer cannot. Because the primary employer provided workers’ compensation to the sales representative, the store is not responsible. The lower court also found and the sales representative’s negligence claim lacked merit. The instant court finds no issue with the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: April 26, 2024, Case #: M2023-00249-COA-R3-CV, Categories: Tort, Premises Liability, Workers' Compensation
J. Swiney finds the lower court properly dismissed defendant’s petition for writ of mandamus on grounds that it lacked subject matter jurisdiction. Defendant was convicted of first degree murder and attempted first degree murder, and sentenced to life imprisonment. He filed his petition with a chancery court, asking for the judgment to be expunged, as it was not properly endorsed with the date received. Though defendant argues he filed the petition for the court to compel the clerk of the criminal court to expunge what he claims is an illegal sentence, the lower court found that he was effectively challenging the legality of his sentence, which is outside the authority of the trial court; the instant court agrees. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 26, 2024, Case #: M2023-01016-COA-R3-CV, Categories: Murder, Sentencing, Jurisdiction