Tennessee Supreme Court Decisions 2015

Board of Professional Responsibility v. Connie Reguli
Date: December 28, 2015
Docket Number: M2015-00406-SC-R3-BP
First Cmty. Bank, N.A. v. First Tennessee Bank, N.A.  
Date: December 14, 2015
Docket Number: E2012-01422-SC-R11-CV

Justia Opinion Summary: Plaintiff, a bank, filed suit against multiple defendants for fraud, constructive fraud, civil conspiracy, negligent misrepresentation, unjust enrichment, and violation of the Tennessee Securities Act. Three non-resident...

Mortgage Elec. Registration Sys., Inc. v. Ditto  
Date: December 11, 2015
Docket Number: E2012-02292-SC-R11-CV

Justia Opinion Summary: Mortgage Electronic Registration Systems, Inc. (MERS) brought this action to set aside a tax sale of real property, arguing that the county’s failure to provide it with notice of the sale violated his right to due proces...

Daniel Sungkook Chong v. Tennessee Board of Law Examiners
Date: December 4, 2015
Docket Number: M2014-02027-COA-R3-CV
Daniel Sungkook Chong v. Tennessee Board of Law Examiners
Date: December 4, 2015
Docket Number: M2015-00982-SC-BAR-BLE
Paul J. Walwyn v. Board of Professional Responsibility Of The Supreme Court of Tennessee
Date: December 3, 2015
Docket Number: M2015-00565-SC-R3-BP
State v. Brown  
Date: December 2, 2015
Docket Number: E2014-00673-SC-R11-CD

Justia Opinion Summary: Adrian Brown filed a pro se motion under Tenn. R. Crim. P. 36.1 seeking correction of allegedly illegal sentences imposed after he pleaded guilty to several crimes. The State responded that Brown’s Rule 36.1 motion shoul...

State v. Wooden  
Date: December 2, 2015
Docket Number: E2014-01069-SC-R11-CD

Justia Opinion Summary: Appellant filed a pro se motion under Tenn. R. Crim. P. 36.1 alleging that his sentences in two cases were illegal because the trial court increased his sentences above the statutory presumptive minimum sentence but fail...

Cassidy Lynne Aragon v. Reynaldo Manuel Aragon (Dissenting)
Date: November 30, 2015
Docket Number: M2014-02292-COA-R3-CV
Metro. Gov’t of Nashville & Davidson County, Tenn. v. Bd. of Zoning Appeals  
Date: November 10, 2015
Docket Number: M2013-01283-SC-R11-CV

Justia Opinion Summary: CBS Outdoor, Inc. applied to the Davidson County Metropolitan Department of Codes and Building Safety for two permits regarding billboards. The Zoning Administrator denied the permits. The Board of Zoning Appeals of Nash...

Chattanooga-Hamilton County Hosp. Auth. v. UnitedHealthcare Plan of the River Valley, Inc.  
Date: November 5, 2015
Docket Number: M2013-00942-SC-R11-CV

Justia Opinion Summary: A Hospital brought this lawsuit against a TennCare managed care organization (MCO), alleging that the MCO had not paid the Hospital all it was due for emergency services provided to the MCO’s TennCare enrollees. The MCO...

Michelle Rye, et al v. Women Center of Memphis, MPLLC, et al (Concurring)
Date: October 26, 2015
Docket Number: W2013-00804-SC-R11-CV
Turner v. Turner  
Date: October 21, 2015
Docket Number: W2013-01833-SC-R11-CV

Justia Opinion Summary: In 2001, Father filed a petition to terminate Mother’s parental rights. Mother did not file an answer to the petition. The trial court subsequently entered a default judgment terminating Mother’s parental rights. In 2010...

Stacey v. Nissan N.A., Inc.  
Date: October 15, 2015
Docket Number: M2014-00796-SC-R3-WC

Justia Opinion Summary: Employee was terminated because of an altercation with an employee of a contractor at Employer’s wellness center. After his termination, Employee sought reconsideration of his three workers’ compensation claims. The tria...

Ellithorpe v. Weismark  
Date: October 8, 2015
Docket Number: M2014-00279-SC-R11-CV

Justia Opinion Summary: Plaintiffs filed this action against Defendant, a licensed clinical social worker, alleging negligence, negligence per se, and intentional infliction of emotional distress for providing counseling services for their mino...

Chartis Casualty Co. v. State  
Date: October 2, 2015
Docket Numbers: M2013-00885-SC-R11-CV, M2013-00930-SC-R11-CV, M2013-00904-SC-R11-CV, M2013-00897-SC-R11-CV, M2013-00898-SC-R11-CV

Justia Opinion Summary: Five separate groups of Pennsylvania-domiciled insurance companies (collectively, “Claimants”) were authorized to provide workers’ compensation coverage in Tennessee. As a result of an audit conducted by the State of Ten...

Valley Forge Insurance Company v. State of Tennessee
Date: October 2, 2015
Docket Number: M2013-00897-SC-R11-CV
American Casualty Company of Reading, Pennsylvania v. State of Tennessee
Date: October 2, 2015
Docket Number: M2013-00898-SC-R11-CV
Old Republic Insurance Company, et al v. State of Tennessee
Date: October 2, 2015
Docket Number: M2013-00904-SC-R11-CV
Ace American Insurance Company, et al v. State of Tennessee
Date: October 2, 2015
Docket Number: M2013-00930-SC-R11-CV
Moreno v. City of Clarksville  
Date: September 18, 2015
Docket Number: M2013-01465-SC-R11-CV

Justia Opinion Summary: Claimant filed a complaint against the City of Clarksville as a defendant. The circuit court granted the City’s motion to dismiss, concluding that Claimant’s claim against the City was time-barred because the antecedent...

Richard Moreno v. City of Clarksville (Dissenting)
Date: September 18, 2015
Docket Number: M2013-01465-SC-R11-CV
State of Tennessee v. Rickey Alvis Bell, Jr. - Concurring In Part and Dissenting In Part
Date: September 10, 2015
Docket Number: W2012-02017-SC-DDT-DD
Young v. City of Lafollette  
Date: August 26, 2015
Docket Number: E2013-00441-SC-R11-CV

Justia Opinion Summary: Plaintiff brought a statutory retaliatory discharge claim in the circuit court against the City of LaFollette pursuant to the Tennessee Public Protection Act (TPPA). Plaintiff requested a trial by jury. The trial court d...

Yardley v. Hosp. Housekeeping Sys., LLC  
Date: August 21, 2015
Docket Number: M2014-01723-SC-R23-CV

Justia Opinion Summary: Plaintiff sued Hospital Housekeeping Systems (the Company) in the United States District Court for the Middle District of Tennessee after the Company refused to hire her because she had filed a workers’ compensation clai...

Roberts v. Bailey  
Date: July 31, 2015
Docket Number: M2013-01950-SC-R11-CV

Justia Opinion Summary: Plaintiffs filed suit against Defendants, who for years enjoyed the continuous and exclusive possession of their lands, to settle a boundary dispute. As a result of the boundary litigation Defendants discovered that thei...

State v. Knowles  
Date: July 31, 2015
Docket Number: W2013-00503-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant was convicted of rape of a child. During trial, when the prosecution made election of the facts it was relying upon to establish the charge, the prosecution mistakenly identified the method...

State of Tennessee v. Courtney Knowles (Dissenting)
Date: July 31, 2015
Docket Number: W2013-00503-SC-R11-CD
Yarboro Sallee v. Tennessee Board of Professional Responsibility
Date: July 23, 2015
Docket Number: E2014-01062-SC-R3-BP
State v. Teats  
Date: July 14, 2015
Docket Number: M2012-01232-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated robbery of a store manager and four counts of especially aggravated kidnapping of four store employees. Defendant appealed, arguing that the trial court committed...

State of Tennessee v. Jerome Maurice Teats (Dissenting)
Date: July 14, 2015
Docket Number: M2012-01232-SC-R11-CD
State of Tennessee v. Jerome Maurice Teats (Concurring)
Date: July 14, 2015
Docket Number: M2012-1232-SC-R11-CD
State v. Williams  
Date: July 14, 2015
Docket Number: W2013-01897-SC-R11-CD

Justia Opinion Summary: Defendant was tried on charges of kidnapping and robbery of a father, mother, and three children. At trial, a jury instruction based on the Supreme Court’s decision in State v. White was neither requested nor given. The...

State of Tennessee v. Ricco R. Williams (Dissenting)
Date: July 14, 2015
Docket Number: W2013-01897-SC-R11-CD
West v. Schofield  
Date: July 2, 2015
Docket Number: M2014-02478-SC-R10-CV

Justia Opinion Summary: Plaintiffs, five death-sentenced inmates, filed a declaratory judgment action against the Commissioner of the Tennessee Department of Correction (TDOC) and other TDOC officials challenging the constitutionality and legal...

Payne v. CSX Transp., Inc.  
Date: July 1, 2015
Docket Number: E2012-02392-SC-R11-CV

Justia Opinion Summary: A railroad employee with lung cancer brought this action against the railroad under the Federal Employers’ Liability Act, alleging that the railroad (1) had negligently exposed him to toxic materials that were contributi...

Action Chiropractic Clinic, LLC v. Hyler  
Date: July 1, 2015
Docket Number: M2013-01468-SC-R11-CV

Justia Opinion Summary: Prentice Delon Hyler sought health care services from Action Chiropractic Clinic, LLC (Plaintiff) after she was injured in an automobile accident. Hyler executed an “Assignment of Rights” to Plaintiff for medical benefit...

Arden v. Kozawa  
Date: June 30, 2015
Docket Number: E2013-01598-SC-R11-CV

Justia Opinion Summary: In this health care liability case Plaintiff sent Defendants pre-suit notice of the claim via FedEx. Defendants moved for summary judgment, alleging that Plaintiff failed to comply with the requirements of Tenn. Code Ann...

State v. Feaster  
Date: June 25, 2015
Docket Number: E2012-02636-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted voluntary manslaughter, aggravated assault, and false imprisonment. Concluding that the separate convictions for attempted voluntary manslaughter and aggravated as...

Berent v. CMH Homes, Inc.  
Date: June 5, 2015
Docket Number: E2013-01214-SC-R11-CV

Justia Opinion Summary: Buyer purchased a manufactured home from Sellers. The parties entered into a contract setting forth the terms of the sale and the parties obligations. The contract contained an arbitration provision under which Sellers r...

State of Tennessee v. Marlo Davis
Date: June 3, 2015
Docket Number: W2011-01548-SC-R11-CD
Davis ex rel. Davis v. Ibach  
Date: May 29, 2015
Docket Number: W2013-02514-SC-R11-CV

Justia Opinion Summary: Plaintiff filed a medical malpractice action against Defendants. The trial court granted Plaintiff’s request to voluntarily dismiss the action without prejudice after Defendants moved to dismiss the action on the grounds...

White v. Beeks  
Date: May 18, 2015
Docket Number: E2012-02443-SC-R11-CV

Justia Opinion Summary: Doctor performed a spinal fusion on Patient. When Patient’s back pain worsened, Patient sued Doctor, alleging that Doctor failed to give him adequate information to enable him to give an informed consent to the surgery....

State v. Alston  
Date: May 5, 2015
Docket Number: E2012-00431-SC-R11-CD

Justia Opinion Summary: Defendants were indicted for aggravated robbery, aggravated burglary, and especially aggravated kidnapping. A jury convicted Defendants of all charges. The trial court set aside the guilty verdicts for especially aggrava...

Williams v. City of Burns  
Date: May 4, 2015
Docket Number: M2012-02423-SC-R11-CV

Justia Opinion Summary: The chief of police for the City of Burns had Plaintiff, a police officer, “fix” a traffic ticket for a relative. When Plaintiff complained to the mayor that the police chief had pressured him into illegal ticket fixing,...

State v. Burgins  
Date: April 7, 2015
Docket Number: E2014-02110-SC-R8-CO

Justia Opinion Summary: After a grand jury returned a presentment against Defendant for possession of marijuana, Defendant posted bond and was released. Thereafter, a grand jury issued a nineteen-count presentment against Defendant charging her...

State v. Thorpe  
Date: April 6, 2015
Docket Number: M2012-02676-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of criminal attempt to commit sexual battery by an authority figure. Defendant appealed, arguing that the trial court erred by including criminal attempt to commit...

State v. Frausto  
Date: April 1, 2015
Docket Number: E2011-02574-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of aggravated sexual battery. The Court of Appeals affirmed Defendant’s conviction and sentence, holding (1) the trial court erred by deviating from the requir...

State v. Montgomery  
Date: March 27, 2015
Docket Number: M2013-01149-SC-R11-CD

Justia Opinion Summary: Defendant was indicted for driving under the influence and violating the open container law. Defendant moved to suppress all evidence discovered during the search of her car. The trial court granted the motion to suppres...

Haynes v. Formac Stables, Inc.  
Date: March 27, 2015
Docket Number: W2013-00535-SC-R11-CV

Justia Opinion Summary: Plaintiff worked as a horse groom for Employer. After Employer terminated Plaintiff’s employment, Plaintiff filed a complaint for retaliatory discharge pursuant to both the common law and the Tennessee Public Protection...

State v. Herron  
Date: March 26, 2015
Docket Number: W2012-01195-SC-R11-CD

Justia Opinion Summary: Defendant was convicted of rape of a child and sentenced to twenty-five years' imprisonment. The Court of Criminal Appeals affirmed, holding (1) the trial court erred by allowing the prosecution to introduce the child vi...

Watters v. Nissan N. Am., Inc.  
Date: March 24, 2015
Docket Number: M2014-00539-SC-R3-WC

Justia Opinion Summary: Employee worked for Employer assembling engine heads and attaching them to engine blocks. Employer ceased working after he sustained bilateral thoracic outlet syndrome, bilateral shoulder injuries, and a herniated disc i...

State v. Hall  
Date: March 20, 2015
Docket Number: M2012-00336-SC-DDT-DD

Justia Opinion Summary: Defendant was convicted of two counts of felony murder in the perpetration of a first degree burglary and other crimes. The jury sentenced Defendant to death for the murder of one victim and to life imprisonment for the...

State of Tennessee v. William Eugene Hall (Concurring)
Date: March 20, 2015
Docket Number: M2012-00336-SC-DDT-DD
Calvin Eugene Bryant v. State of Tennessee - CONCUR IN PART AND CONCUR IN RESULT
Date: March 13, 2015
Docket Number: M2012-01560-SC-R11-PC
State v. Sprunger  
Date: March 9, 2015
Docket Number: E2011-02573-SC-R11-CV

Justia Opinion Summary: After law enforcement officers discovered child pornography on Defendant’s home computer, Appellant was found guilty of felony sexual exploitation of a minor by knowingly possessing over 100 images of child pornography....

State v. Crank  
Date: February 13, 2015
Docket Number: E2012-01189-SC-R11-CD

Justia Opinion Summary: Defendant’s minor daughter was diagnosed with a rare form of cancer and died at the age of fifteen. Defendant was indicted for neglect of a child under the age of eighteen based on her failure to obtain adequate medical...

Lambdin v. Goodyear Tire & Rubber Co.  
Date: January 29, 2015
Docket Number: W2013-01597-SC-WCO-WC

Justia Opinion Summary: Employee worked for Employer for thirty-seven years. After his retirement, Employee sought workers’ compensation benefits based upon hearing loss he sustained, especially at frequency levels of sound above 3000 hertz. At...

Foster v. Chiles  
Date: January 27, 2015
Docket Number: E2012-01780-SC-R11-CV

Justia Opinion Summary: In this health care liability case, Plaintiffs, before filing their health care liability complaint, gave Defendants written notice pursuant to Tenn. Code Ann. 29-26-121(a)(1). Plaintiffs subsequently voluntarily dismiss...

Samuel E. Foster, et al v. Walter William Chiles, III, M.D. (Dissenting)
Date: January 27, 2015
Docket Number: E2012-01780-SC-R11-CV
State v. Dycus  
Date: January 23, 2015
Docket Number: M2012-02297-SC-R11-CD

Justia Opinion Summary: Defendant pleaded guilty to one count of possession of marijuana with intent to sell or deliver within 1,000 feet of a school zone, and other offenses. At the sentencing hearing, Defendant requested that the trial court...

Benz-Elliott v. Barrett Enters., LP  
Date: January 23, 2015
Docket Number: M2013-00270-SC-R11-CV

Justia Opinion Summary: Plaintiff contracted to sell Defendants certain real property. The contract provided that Plaintiff would retain ownership of a sixty-foot wide strip of property to provide access to her remaining property, but the warra...

In re Kaliyah S.  
Date: January 22, 2015
Docket Number: E2013-01352-SC-R11-PT

Justia Opinion Summary: In 2011, the Department of Children's Services (DCS) filed a petition to terminate Father’s parental rights to his child. In 2013, the juvenile court terminated the parental rights of Father. The court of appeals reverse...

Kendrick v. State  
Date: January 16, 2015
Docket Number: E2011-02367-SC-R11-PC

Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree premeditated murder for fatally shooting his wife. After Petitioner’s conviction was affirmed in direct appeal, Petitioner filed a petition for post-conviction...

State v. Ellis  
Date: January 13, 2015
Docket Number: E2011-02017-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated burglary and other charges. The trial judge did not expressly accept or approve of the jury’s verdict. After Defendant’s trial and before the sentencing hearing,...

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