Editorial
Front Page - Friday, October 30, 2009
Case Digests - Tennessee court of appeals syllabus
Evelyn Nye, et al vs. Bayer Cropscience, Inc., et al
Hamilton County - Defendants sold materials containing asbestos to the deceased’s employer, where he was exposed to asbestos and contracted mesothelioma from which he died. Plaintiff’s widow brought this action against the supplier, a jury trial resulted and the jury returned a verdict for the defendant, which the Trial Court approved. On appeal, we hold that certain jury instructions were error and we reverse and remand for a new trial.
Michael D. Reed vs. Darla Carden Steadham
Hamilton County - The father left his salaried employment and began his own construction business, which resulted in a substantial decrease in his annual income. As a result the father reduced his child support payments to the mother, who then asked the Trial Court to find the father was voluntarily under employed and the Court should impute additional income, based upon his true earning capacity. After an evidentiary hearing, the Trial Court found the father was not willfully unemployed and adjusted the child support amount in accordance with the guidelines based on his then income. The mother has appealed. On appeal, we affirm the Judgment of the Trial Court and remand.
Wheeler’s Family Homes, Inc. v. Lawrence D. McClendon, Trustee, et al, For Mountain Valley Bank (Formerly Sequatchie County Bank)
Sequatchie County - Appeal from a finding of civil contempt against Wheeler’s Family Homes, Inc. for its failure to abide by an Agreed Order, which required it to construct a roadway across its property to afford ingress and egress to the adjoining property. The only defense to the motion for contempt asserted by Wheeler’s is that the movant, who was a party to the Agreed Order, allegedly lost standing to enforce the Agreed Order when he subsequently sold his interest in the adjoining property. We find the movant had standing when the hearing on the motion occurred as that party had already reacquired a portion of property that would be benefitted by Wheeler’s compliance with the Agreed Order. Therefore, we affirm the trial court’s finding that Wheeler’s was in civil contempt for its failure to abide by the obligations of the Agreed Order.
Silvino Gonzales, Individually and as next friend of Rubicel Gonzales, a minor, v. Judith Long
Shelby County - This appeal arises out of a minor automobile accident. The plaintiff filed suit individually and on behalf of his son, claiming that his son suffered whiplash in the accident. The defendant admitted fault for the accident but denied that she caused any damages to the plaintiff. The plaintiff presented testimony from a physician who opined that the son was injured in the car accident. Nevertheless, the jury returned a verdict for the defendant. The plaintiff appeals. We affirm.
Iris Teresa Bowling Chambers v. Faye Bowling Devore, et al.
Fayette County - This case involves the interpretation of the term “bodily heirs.” Testator’s will, probated in 1942, left certain lands to his daughter for her life, and then to her “bodily heirs.” The life tenant’s granddaughter concedes that she is not entitled to take through her deceased father, as his interest lapsed when he predeceased the life tenant. However, she contends that she is entitled to take directly as a “bodily heir” of the life tenant. We agree, and we reverse the trial court’s grant of summary judgment to defendants, and we remand to the trial court for further proceedings consistent with this opinion.
Dorothy Morton vs. Covenant Health Corp., et al
Knox County - This is a retaliatory discharge lawsuit filed by Dorothy Morton (“Plaintiff”) against Parkwest Medical Center and Covenant Health Corporation (“Defendants”). While employed by Defendants as a surgical tech, Plaintiff informed an unwed new mother, a patient at Parkwest Medical Center, that she was aware of a couple that might be interested in adopting the baby. The couple interested in adopting the baby were the son and daughter-in-law of one of Plaintiff’s friends. Plaintiff admitted that her conduct violated Parkwest Medical Center’s policy regarding adoptions, but she insisted that she was not aware of that policy at the relevant time. Plaintiff’s employment was terminated because of her actions. Plaintiff sued, arguing that her termination constituted a retaliatory discharge because it was in violation of rights given to her by statute and because it violated the clear public policy of the State of Tennessee. Both Plaintiff and Defendants filed motions for summary judgment. The Trial Court granted Defendants’ motion for summary judgment. Plaintiff appeals. We agree with the Trial Court that Plaintiff’s termination did not violate a Tennessee statute or a clear public policy of this State and, therefore, affirm the judgment of the Trial Court.
Kimberly Christine Groce v. Marty Bruce Groce
Lincoln County - This appeal involves several post-divorce petitions. Mother appeals the trial court’s finding of a material change in circumstances and modification of custody, and also the assessment of the costs of the sale of the marital home against her. Finding no error, we affirm the judgment of the trial
court.
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