Daniel B. Taylor v. Donal Campbell, et al.
This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint. |
Davidson | Court of Appeals | |
Cybill Shepherd v. Weather Shield Manufacturing, Inc.
The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a nonjury trial, the trial court denied the plaintiff's claim pursuant to the Tennessee Consumer Protection Act but awarded judgment to the plaintiff on her claim that the defendant supplied defective doors and windows. Based upon our review, we affirm the trial court's denial of the Tennessee Consumer Protection Act claim. Finding that the plaintiff did not provide notice to the defendant of its allegedly defective product within the applicable statute of limitations, we reverse the award of damages to the plaintiff and dismiss her complaint. |
Shelby | Court of Appeals | |
IN RE JAKARA K.
The appellees filed a petition in chancery court seeking to terminate a father’s parental rights. After a bench trial, the trial court granted the petition and entered an order terminating the father’s parental rights based on the grounds of (1) failure to manifest an ability and willingness to assume custody, (2) abandonment by failure to visit, and (3) abandonment by failure to support. The trial court also determined that termination of the father’s parental rights was in the child’s best interests. We affirm the trial court’s ruling as to the first ground, we vacate the trial court’s ruling as to the second and third grounds, and we affirm the trial court’s ruling as to best interests. Consequently, we affirm the trial court’s overall ruling that the father’s parental rights must be terminated. |
Hamblen | Court of Appeals | |
Tamara E. Lowe, Administrator of the Estate of Terry Allen Lowe, Deceased, v. Gransville Simpson, and wife, Judy Simpson
This is a wrongful death action. On April 28, 1998, Cynthia Low Armes ("Sister"), the sister of the late Terry Allen Lowe ("decedent"), instituted this action against Granville Simpson ("Granville") and his wife, Judy Simpson ("Judy"), (collectively, "the Simpsons"), alleging that the Simpsons were negligent in allowing three men, including Granville, to go armed on the Simpson's premises on December 10, 1995, and that their negligence directly contributed to the shooting death of the decedent. The trial court granted the Simpsons summary judgment on the ground that the complain was not filed within the applicable one-year statute of limitations. Sister appeals, raising the following issue for our consideration: Did the trial court err in holding that Sister was aware of the injury and the cause of action on December 10, 1995, and therefore her action was barred by the statute of limitations?
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Morgan | Court of Appeals | |
Pruett Enterprises, Inc., v. The Hartford Steam Boiler Inspection and Insurance, Co.
This non-jury case involves the interpretation of a commercial insurance policy (“the policy”) issued by The Hartford Steam Boiler Inspection and Insurance Company (Hartford) to Pruett Enterprises, Inc. (Pruett). Pruett, the owner and operator of a chain of grocery stores in Hamilton County, sued Hartford under the policy for “spoilage losses to various perishable items [caused] when electrical power to [two of Pruett’s] grocery stores was interrupted as a result of a heavy snow blizzard [on or about March 13, 1993].” Each of the parties filed a motion for summary judgment. Based upon the parties’ stipulation of facts, the trial court granted Hartford partial summary judgment, finding that the loss at 6925 Middle Valley Road, Hixson (“Middle Valley Store”) was not covered by the policy. As to the loss at Pruett’s store at 3936 Ringgold Road, East Ridge (“Ringgold Road Store”), the trial court found a genuine issue of fact and denied Hartford’s motion. |
Hamilton | Court of Appeals | |
Kim Williams v. The Lewis Preservation Trust
This is a negligent misrepresentation action in which the plaintiff filed suit against the |
Rhea | Court of Appeals |
COURT OF APPEALS OPINIONS
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