Court of Appeals Published Opinions - May 2001
Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.
The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.
5-7-2001 - Opinions
This is a criminal case that involves the issue of whether a defendant's conditional release under YOA sentence is concurrent with his probation under another sentence.
5-21-2001 - Opinions
3342 - Parks v. Characters Night Club
Liability of a business entity does not extend to the criminal acts of a third party unless the place and character of the activity is such as to invoke reasonable foreseeability of such conduct and necessity to take reasonable precautions.
This appeal stems from the grant of summary judgment in an attorney malpractice action in which a widow contends her husband's will did not conform to his testamentary intent as expressed to his attorneys.
3345 - Cunningham v. Helping Hands, Inc.
This pre-Davenport appeal discusses the applicability of assumption of risk as an affirmative defense where the defendant has a statutory duty to supervise the plaintiff.
5-29-2001 - Opinions
Husband convicted of murdering his wife appeals, arguing the general sessions court lacked jurisdiction to consider murder charge, erred in admitting an incriminating statement, and erred in failing to grant his directed verdict motion.
In this tort action, the parties litigated whether the defendant's letter constituted an answer for purposes of default.
In this divorce action, the parties litigated the equitable distribution of lottery proceeds and an alleged marital debt arising from a promise to support the husband's mother.