James Antony Wilson, Sr. v. East Tennessee Human Resource Agency, Inc.
Knox County – James Antony Wilson, Sr. sued East Tennessee Human Resource Agency, Inc. (“ETHRA”) individually, and as next friend and Personal Representative of the Estate of Callie Irene Wilson, on behalf of himself and all wrongful death beneficiaries of Callie Irene Wilson, Deceased.
This suit involves a fall and injuries suffered by Callie Irene Wilson (“Callie Wilson”) while ETHRA was in the process of transporting Callie Wilson to a dialysis appointment, and her death resulting from these injuries.
After a trial, the Trial Court entered its order on July 29, 2010 finding and holding, inter alia, that the ETHRA driver acted appropriately and was not negligent. Mr. Wilson appeals to this Court. We find that the evidence in the record on appeal preponderates against the Trial Court’s finding that ETHRA’s employee, Mr. Clabo, was not negligent.
We reverse, and remand this case to the Trial Court for a determination of comparative fault and damages.
Norman Lee Robinson v. Mers, Inc. et al.
Grainger County – This is an appeal by Norman Lee Robinson from a summary judgment granted against him and in favor of his lender, Citizens Bank, and GMAC Mortgage, LLC, the assignee of Robinson’s secured note. Robinson filed this action against Citizens Bank and GMAC, as well as others, to stop what he alleged was a wrongful foreclosure.
He also demanded compensatory and punitive damages. The substance of the action is that the defendants should not be permitted to require Robinson to pay into escrow funds that had been improperly refunded to him.
The trial court held that Robinson was in default and that the foreclosure was not wrongful because, despite some dispute as to certain facts, there was no genuine dispute concerning the facts material to the outcome of this case. We affirm.
William L. Thompson v. Memphis Light, Gas and Water and Joseph Lee, III.
Shelby County – This is a wrongful termination case. The plaintiff senior management employee of a public utility was passed over for the position of president of the utility.
In the meantime, federal law enforcement authorities were investigating matters involving the utility, and federal officers interviewed the plaintiff employee. Subsequently, the new president of the utility eliminated the plaintiff’s job position and his employment was terminated.
The plaintiff employee filed suit against the utility, alleging violation of Tennessee’s Public Protection Act, and against the new president of the utility, in his individual capacity, alleging tortious interference with his employment and conspiracy. The defendants filed a motion to dismiss for failure to state a claim.
The trial court granted the motion, and the plaintiff employee appeals. We affirm.
Jenna Lauren Heath Milner v. Derrick Brandon Milner.
Hamilton County – Jenna Lauren Heath Milner (“Wife”) initiated this action by filing a complaint for divorce against her spouse, Derrick Brandon Milner (“Husband”). The only ground for divorce alleged is “T.C.A. § 36-4-101(5), conviction of a felony.”
Husband filed an answer pro se which, in substance, admits that he has been convicted but states that the conviction is “a miscarriage of justice” and that his attorney “botched the trial . . . and botched the direct appeal as badly as the trial.” He alleges that he is continuing to challenge the conviction and “there is a great chance of having the case reversed.”
Husband denied that a divorce should be granted and alleged that he still loves Wife and their child. Husband, who was incarcerated, testified at trial by telephone, although there is no transcript or statement of the evidence. The trial court declared the parties “divorced pursuant to T.C.A. § 36-4-101(5).” Husband appeals, arguing, for the first time, that the statute is unconstitutional under the Tennessee Constitution, the United States Constitution, and the Georgia Constitution, the state in which he is incarcerated. The Tennessee Attorney General was served with a copy of Husband’s brief and has appeared in support of the constitutionality of the statute.
We hold that any issue as to the constitutionality of Tenn. Code Ann. § 36-4-101(5)(2010) was waived by Husband’s failure to raise the issue in the trial court, and, pursuant to Court of Appeals Rule 10, we affirm the judgment granting an absolute divorce.
Bellsouth Advertising & Publishing Corp. v. Sentayehu Abebe, et al.
Davidson County – This appeal arises out of a suit to recover the balance on a past due account for an advertisement in a telephone directory. Defendant disputed the authenticity and admissibility of the documents submitted by plaintiff to establish an enforceable and valid contract.
The trial court permitted the documents to be admitted and entered judgment for plaintiff. Defendant appeals, contending that the trial court erred in admitting the documents and in finding an enforceable contract.
Finding no error, we affirm.