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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. M2015-01488-COA-R3-CV
Regular Panel Decision
Jun 30, 2016

The Metropolitan Government of Nashville and Davidson County v. The Civil Service Commission of The Metropolitan Government of Nashville And Davidson County, Tennessee

An officer with the Davidson County Sheriff's Department, Jerry Clark, was terminated for dishonesty after filing reports alleging he was attacked during training, which an investigation found to be exaggerated. An administrative law judge initially ordered his reinstatement with a ten-day suspension, a decision adopted by the Civil Service Commission. However, the Metropolitan Government sought judicial review, and the chancery court reversed the Commission's decision, finding it unsupported by substantial evidence. The Court of Appeals affirmed the chancery court's ruling, concluding that the ALJ's findings were not backed by material evidence and remanded the case to the Commission for a determination of appropriate disciplinary action.

Police MisconductTermination of EmploymentDishonestyAdministrative ReviewJudicial PrecedentCivil Service LawSubstantial Evidence RuleWorkers' Compensation ClaimsRetaliation AllegationsDue Process Rights
References
7
Case No. M2000-02455-COA-R3-CV
Regular Panel Decision
Feb 06, 2003

Sylvester Young v. Nashville & Davidson County

Sylvester Young, a prisoner, alleged injury from a slip and fall in the Davidson County Jail and sued the Metropolitan Government of Nashville and Davidson County for civil rights violations and negligence. The Chancery Court dismissed his civil rights claim, transferring the negligence claim to Circuit Court. After a bench trial, the Circuit Court dismissed the negligence claim, finding no sufficient proof of negligence or causation. The Court of Appeals affirmed this dismissal, concluding Young failed to prove any theory entitling him to relief.

Prisoner RightsNegligence ClaimSlip and Fall AccidentGovernmental LiabilityCivil Rights AllegationAppeals Court DecisionPro Se LitigationInsufficient EvidenceProximate CausePremise Liability
References
4
Case No. 06-22-00022-CV
Regular Panel Decision
Nov 16, 2022

Cynthia Martin v. Hopkins County, Hopkins County Judge Robert Newsom, Hopkins County Commissioner Mickey Barker, Hopkins County Commissioner Greg Anglin, Hopkins County Commissioner Wade Bartley, and Hopkins County Commissioner Joe Price

Cynthia Martin raised ultra vires claims against Hopkins County officials regarding an agreement with a private company to build a solar power plant. Martin contended the agreement was a tax abatement under Texas Local Government Code Chapter 381, Section 381.004(g), which she argued did not comply with the Texas Tax Code provisions. The County and officials asserted the agreement was a grant of public money under Section 381.004(h), thus not governed by the Texas Tax Code. The trial court granted summary judgment in favor of the County. The Court of Appeals affirmed, concluding that the agreement was for a grant of public funds, not a tax abatement, because the developer was obligated to pay all ad valorem taxes, and the payments from the county were program grants calculated with reference to those paid taxes, not a reduction or nullification of the tax liability itself.

Ultra Vires ClaimsEconomic Development AgreementTax AbatementPublic Funds GrantTexas Local Government Code Chapter 381Texas Tax Code Chapter 312Summary JudgmentAppellate ReviewContract ConstructionStatutory Construction
References
39
Case No. 13-14-00293-CV
Regular Panel Decision
Feb 26, 2015

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District

This is a reply brief filed by San Patricio County, Texas, in an appeal against Nueces County and Nueces County Appraisal District. The core issue revolves around unresolved boundary disputes between the two counties, leading to double taxation for industrial taxpayers like Occidental Petroleum Company. San Patricio County argues that the Nueces County District Court lacked jurisdiction and venue, and erred in granting summary judgment without determining the boundary line. They assert that the 2003 Judgment, which declared 'natural and artificial modifications to the shoreline of San Patricio County shall form a part of San Patricio County,' includes docks, piers, and similar facilities as part of their county, consistent with maritime law and riparian rights. The county seeks reversal of the trial court's decision, either for transfer back to a neutral Refugio County District Court, or for a judgment declaring the disputed properties within San Patricio County's jurisdiction, or for a remand to resolve factual issues concerning the boundary.

County Boundary DisputeJurisdictionVenueSummary JudgmentCollateral Attack2003 Judgment InterpretationShoreline ModificationsDocks and PiersRiparian RightsTaxation Dispute
References
23
Case No. M2010-02021-COA-R3-CV
Regular Panel Decision
Aug 25, 2011

Porsha Perkins v. Metropolitan Government of Nashville and Davidson County

Porsha Perkins, a social worker, was terminated by the Metropolitan Government of Nashville and Davidson County following an unsubstantiated child abuse allegation. She had previously settled a claim with Metro for $45,000 and agreed not to be reinstated. Perkins subsequently filed a lawsuit in Circuit Court for retaliatory discharge and discrimination. The trial court granted summary judgment to Metro, reasoning that due to the prior settlement and her agreement not to be reinstated, Perkins could not prove an 'adverse employment action.' The Court of Appeals affirmed this decision, concluding that the settlement agreement negated a necessary element of her retaliatory discharge claim, thereby upholding the summary judgment.

Employment LawRetaliatory DischargeEmployment DiscriminationSummary JudgmentSettlement AgreementAdverse Employment ActionMcDonnell-Douglas FrameworkTennessee Supreme Court PrecedentAppellate ReviewCivil Service Commission
References
26
Case No. No. M2016-00483-COA-R3-CV (Trial Court: No. 151475III)
Regular Panel Decision
Apr 13, 2017

Toni Jones v. Metropolitan Government of Nashville and Davidson County

Toni Jones, a former high school student, appealed the dismissal of her lawsuit against the Metropolitan Government of Nashville and Davidson County. Jones claimed that her removal from an Algebra I class and placement in a computer-based remedial program, leading to her not being promoted, violated her substantive and procedural due process rights to a public education under 42 U.S.C. §1983. The trial court granted the motion to dismiss, reasoning that the right to a public education does not guarantee a particular course placement or teaching method. The Court of Appeals affirmed, holding that courts generally do not intervene in school administrative decisions regarding teaching methods or course placement, as such decisions do not typically implicate a property interest in a specific type of education, only in avoiding exclusion from the educational process itself. Therefore, Jones's complaint failed to state a claim upon which relief could be granted.

Education lawDue processStudent rightsSchool administrationJudicial reviewCivil rights (42 U.S.C. §1983)Motion to dismissConstitutional lawTennessee appellate courtsCourse placement policies
References
21
Case No. M2004-01910-COA-R3-CV
Regular Panel Decision
Sep 01, 2005

Rickey W. Pendleton v. The Metropolitan Government of Nashville and Davidson County

Rickey W. Pendleton sued the Metropolitan Government of Nashville and Davidson County for injuries sustained during his arrest by metropolitan police officers, alleging assault and battery and vicarious liability through respondeat superior. The trial court granted summary judgment for the government, ruling that a standalone respondeat superior claim was insufficient under the Tennessee Governmental Tort Liability Act (GTLA) for intentional torts, requiring a separate negligence claim against the governmental entity. The Court of Appeals affirmed this decision, holding that the GTLA mandates a direct showing of negligence by the governmental entity for intentional torts committed by its employees, and Pendleton failed to assert such a claim against the Metropolitan Government.

Governmental Tort Liability ActRespondeat SuperiorSummary JudgmentIntentional TortsNegligenceAssault and BatteryPolice MisconductGovernmental ImmunityTennessee LawMunicipal Liability
References
6
Case No. M2024-01006-COA-R3-CV
Regular Panel Decision
Mar 18, 2025

Virginia Dodson-Stephens v. Metropolitan Government of Nashville and Davidson County

The case involves an appeal from a lawsuit filed by Virginia Dodson-Stephens, individually and on behalf of her daughter Courtlynn Dodson, against the Metropolitan Government of Nashville and Davidson County and the State of Tennessee. Courtlynn sustained paralyzing injuries after jumping from a second-story window at W.A. Bass Learning Center, a public school. The trial court found both defendants negligent and equally at fault, awarding total compensatory damages of over $10 million, which was reduced to $600,000 due to statutory caps ($300,000 against each defendant). Metro appealed, raising issues regarding its duty of care, the foreseeability of the incident, and its responsibilities concerning Courtlynn's Individualized Education Program (IEP). The appellate court affirmed the circuit court's decision, finding that Metro breached its duty to supervise Courtlynn and failed to obtain and disseminate crucial information about her condition, making the injury foreseeable.

School NegligenceChild InjurySpecial Needs StudentEmotional DisturbanceIEP FailureLack of SupervisionForeseeability of HarmMental Health DiagnosisDepartment of Children's ServicesGovernmental Tort Liability Act
References
59
Case No. M2015-00455-COA-R3-CV
Regular Panel Decision
Aug 30, 2016

John P. Branham v. The Metropolitan Government of Nashville - Davidson County, Tennessee

Landowner John P. Branham sued the Metropolitan Government of Nashville-Davidson County for damages to his property caused by landslides, alleging inverse condemnation, detrimental reliance, and negligence. The trial court initially ruled in favor of Metro on all claims and held that Metro owned the land adjacent to Branham's property. On appeal, the Court of Appeals reversed the finding of Metro's ownership, determining that Metro only possessed a right-of-way easement. However, the appellate court affirmed the trial court's judgment regarding the claims of inverse condemnation and negligence, concluding that the primary cause of the landslides was a 2010 rainfall event, not Metro's actions, and no competent proof of diminution in value was presented.

inverse condemnationdetrimental reliancenegligencelandslidesproperty damageright-of-wayeasementexpert witness credibilityproperty valuationappellate review
References
22
Case No. MISSING
Regular Panel Decision

Davidson Pipe Supply Co. v. Wyoming County Industrial Development Agency

This case addresses whether a construction project involving an industrial development agency (WCIDA) qualifies as a 'public improvement' under State Finance Law § 137, which would mandate the securing of payment bonds. Plaintiff Davidson, a supplier, was not paid for materials provided to a subcontractor on an energy cogeneration plant project developed by Indeck Energy Resources with WCIDA's assistance. Davidson sued WCIDA and Indeck for their alleged failure to require a bond. The Supreme Court initially ruled in favor of Davidson, but the Appellate Division reversed, concluding the project was not a public improvement. The Court of Appeals affirmed the Appellate Division's decision, emphasizing that WCIDA's ownership was primarily for tax benefits, with the private entity, Indeck, bearing the economic risks and benefits. Consequently, the court held that the project was not a public improvement under the statute, and the complaint against the defendants was dismissed.

Industrial Development AgencyPublic ImprovementState Finance LawPayment BondLien LawConstruction ProjectPrivate EntityTax BenefitsCogeneration PlantAppellate Review
References
4
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