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

Case No. MISSING
Regular Panel Decision

John R. Wills, Jr. v. The City of Memphis

John R. Wills, Jr., sought to subdivide his property, Lot 94, in the Belle Meade Subdivision into two lots, but his application was denied by the Memphis and Shelby County Land Use Control Board and the Memphis City Council. Wills subsequently filed a petition for writ of certiorari, leading the Chancery Court of Shelby County to reverse the City Council's decision and remand the case for a rehearing. The City of Memphis and the Memphis City Council appealed this decision. The appellate court identified an ambiguity in the Unified Development Code (UDC) regarding the applicability of "contextual infill development standards" (Section 3.9.2) to Wills' property, specifically concerning the definition of "development" in the context of surrounding properties established before 1950. The court concluded that the trial court's ruling, which stated Wills' application complied with all UDC provisions, was premature. Consequently, the appellate court affirmed in part and vacated in part the trial court's order, remanding the case for further proceedings to the City Council to definitively interpret and apply UDC Section 3.9.2(B)(1) based on the existing record.

ZoningSubdivision RegulationsLand Use ControlUnified Development Code (UDC)Administrative ReviewWrit of CertiorariAppellate ReviewArbitrary and Capricious DecisionStatutory InterpretationRemand Order
References
44
Case No. MISSING
Regular Panel Decision

Bridges v. City of Memphis

Tern Bridges, individually and as the surviving spouse of Private William Bridges, appealed the trial court's dismissal of her wrongful death claim against the City of Memphis and its Fire Department. Private William Bridges, a firefighter, died in the line of duty due to alleged negligence and procedural violations by his supervisor and other Fire Department employees. The trial court's dismissal was presumably based on governmental immunity theories. The appellate court examined the applicability of the Tennessee Governmental Tort Liability Act (GTLA), distinguishing between discretionary and operational functions, and found that the plaintiff's allegations of negligence based on violations of the Fire Department's Operations Manual constituted non-discretionary (operational) acts, thus surviving a motion to dismiss. The court also addressed and rejected the defendants' arguments regarding the public duty doctrine and the policemen and firemen's rule, concluding they did not preclude the lawsuit against the municipal entities. The appellate court reversed the trial court's order of dismissal and remanded the case for further proceedings.

Wrongful Death ClaimGovernmental ImmunityTennessee Governmental Tort Liability Act (GTLA)Discretionary Function ExceptionPlanning-Operational TestPublic Duty DoctrinePolicemen and Firemen's RuleFire Department NegligenceProcedural ViolationsLine of Duty Death
References
14
Case No. MISSING
Regular Panel Decision

Edwards v. City of Memphis

The case involves police officers (Appellants) suing the City of Memphis and its Director of Police Services (Appellees) for violating Memphis City Charter Section 67. The officers claimed they were entitled to automatic promotion to Captain after thirty years of service, a rank that the City subsequently abolished. The trial court granted summary judgment in favor of the City, finding that Section 67 is a retirement tool, not a guarantee of employment. The appellate court affirmed this decision, holding that the officers have no legal right to work as Captains, that the rank no longer exists, and that Section 67 only provides for enhanced pension benefits upon retirement, not continued employment in that rank. The court also found the City's decision to abolish the rank was not discriminatory.

Police PromotionCity Charter Section 67Public Employee RightsRank AbolitionPension EnhancementEmployment GuaranteeSummary Judgment AppealMandamus PetitionRes Judicata DefenseMemphis City Government
References
12
Case No. W2004-00024-COA-R3-CV
Regular Panel Decision
Dec 28, 2004

Roy L. Tidwell v. City of Memphis

This case originated from a dispute where thirteen firefighters and one police officer, employees of the City of Memphis, filed claims for on-the-job injury benefits. The City's On-the-Job Injury (OJI) Appeals Panel denied these claims. The employees appealed to the Chancery Court of Shelby County, which reversed the panel's decision, concluding that the OJI Appeals Panel's proceedings were subject to the Tennessee Uniform Administrative Procedures Act (UAPA) and judicial review should conform to UAPA standards. The City of Memphis appealed to the Court of Appeals, arguing that the OJI Appeals Panel is not a 'civil service board' and thus not governed by UAPA. The Court of Appeals reversed the chancery court's ruling, holding that the OJI Appeals Panel does not qualify as a civil service board and its decisions regarding OJI benefits do not affect 'employment status' as interpreted under the relevant statute. Therefore, judicial review should be conducted via a common law writ of certiorari, and the OJI Appeals Panel's original denial of benefits was reinstated.

On-the-Job InjuryAdministrative LawJudicial ReviewStatutory InterpretationCivil Service BoardUniform Administrative Procedures Act (UAPA)Common Law CertiorariMunicipal EmployeesFirefightersPolice Officers
References
81
Case No. MISSING
Regular Panel Decision

Alexander v. Beale Street Blues Co., Inc.

Plaintiffs Donald and Erma Alexander sued officers Mike Jones and Robert Whipple, the Memphis Police Department, the City of Memphis, and Beale Street Blues Company, Inc., alleging their son Jeffrey Alexander died in July 1997 due to their actions. The plaintiffs brought claims under 42 U.S.C. § 1983 for Fourth and Fourteenth Amendment violations, state tort law, and the Tennessee Constitution. The court denied the officers' motions to dismiss for § 1983 and state tort claims but granted their motions regarding Tennessee Constitution claims. It dismissed the Memphis Police Department, granted some motions for the City of Memphis (negligence, TN Constitution, § 1983 ratification), but denied others regarding its § 1983 liability. Finally, the court dismissed claims for hedonic damages, punitive damages against the City, and plaintiffs' individual injury claims, while allowing loss of consortium damages under state tort law, but not under § 1983.

Civil RightsExcessive ForceUnlawful SeizureQualified ImmunityMunicipal LiabilityState Tort ClaimsWrongful DeathHedonic DamagesPunitive DamagesLoss of Consortium
References
68
Case No. W1999-00347-COA-R3-CV
Regular Panel Decision
Apr 24, 2001

Stephen Comella v. City of Memphis

This is a personal injury case where Stephen Comella, a police officer for the City of Memphis, was injured on duty. The City admitted liability, and after a bench trial, the court awarded Comella $25,000. Comella appealed, arguing the trial court incorrectly treated it as a worker's compensation case and erred by denying expert witness fees. The appellate court affirmed the trial court's decision, finding the damages award supported by evidence and no abuse of discretion regarding expert fees, as Comella failed to prove his injury prevented him from earning an equal or greater income.

Personal InjuryPolice Officer InjuryCity LiabilityGovernmental Tort Liability ActDamagesExpert Witness FeesAppellate ReviewAffirmed JudgmentDiscretionary CostsKnee Injury
References
3
Case No. MISSING
Regular Panel Decision
May 01, 1978

Memphis Publishing Co. v. Nichols

Ruth Ann Nichols and Bobby Lee Nichols sued Memphis Press-Scimitar for defamation and invasion of privacy after an article falsely implied Mrs. Nichols had an adulterous affair, leading to a shooting. The trial court directed a verdict for the newspaper, but the Court of Appeals reversed, applying an ordinary care standard and eliminating the need for special damages for imputed adultery. The Tennessee Supreme Court affirmed the reversal, adopting the ordinary negligence standard for private individuals in defamation cases against media defendants. It also abolished the common-law per se/per quod distinction for damages and remanded Mrs. Nichols' libel suit for a new trial, while dismissing Mr. Nichols' libel claim and both invasion of privacy actions.

DefamationLibelInvasion of PrivacyFirst AmendmentFreedom of the PressActual MaliceNegligence StandardPrivate FigurePublic FigurePresumed Damages
References
47
Case No. W2012-00274-COA-R3-CV
Regular Panel Decision
Feb 05, 2013

Gwendolyn Jeffrey v. City of Memphis

Gwendolyn Jeffrey, widow of firefighter Wendell Jeffrey, sought "Heart, Hypertension, and Lung" (HHL) benefits from the City of Memphis after her husband's death from cardiac arrhythmia. The City denied her claim, leading to an appeal before an Administrative Law Judge (ALJ). The ALJ found that the City had successfully rebutted the statutory presumption of causation between Jeffrey's employment and his cardiac condition, and Mrs. Jeffrey failed to prove causation by a preponderance of the evidence. The chancery court affirmed the ALJ's decision, acknowledging that it might have ruled differently but found no unlawful procedure, arbitrary conduct, or insubstantial evidence. The Court of Appeals of Tennessee affirmed the chancery court's decision, agreeing that the City provided competent medical proof to rebut the presumption and that Mrs. Jeffrey did not prove a substantial causal connection.

Firefighter BenefitsCardiac ConditionStatutory PresumptionCausationAdministrative Law Judge (ALJ)Chancery Court AppealAppellate ReviewHHL ProgramMedical EvidencePreponderance of Evidence
References
6
Case No. W2023-00437-COA-R3-CV
Regular Panel Decision
Jan 02, 2025

Sandra Easley v. City of Memphis

Plaintiff Sandra Easley was injured after being struck by a city-owned vehicle driven by a city employee while crossing a street outside a crosswalk. The trial court found the City of Memphis vicariously liable for employee negligence and directly liable for negligent hiring/retention, allocating 10% fault to Easley. This Court reversed, finding no proof of negligent hiring and concluding Easley was at least 50% at fault, barring recovery. The Tennessee Supreme Court vacated that judgment, citing a lack of deference to the trial court's factual findings. On remand, this Court affirms the finding of employee negligence, reverses the finding of direct negligent hiring, vacates the allocation of fault and damages, and remands the case for re-allocation of fault based only on vicarious liability and recalculation of damages with more specific findings.

Comparative FaultVicarious LiabilityNegligent HiringPedestrian AccidentMotor Vehicle AccidentAllocation of FaultDamages AssessmentCredibility DeterminationsStandard of ReviewAppellate Procedure
References
44
Case No. W2018-01353-COA-R3-CV
Regular Panel Decision
Jan 31, 2020

Pamela Pryor v. City of Memphis

This case involves Pamela Pryor's appeal against the City of Memphis' denial of On-the-Job-Injury (OJI) benefits after her firefighter husband's death. The City denied the claim due to the absence of an autopsy report, a requirement of its OJI policy. The trial court reversed an Administrative Law Judge's decision, finding the City's policy conflicted with Tennessee Code Annotated section 7-51-201, which establishes a statutory presumption for firefighters' deaths caused by hypertension or heart disease occurring in the line of duty. The Court of Appeals affirmed the trial court's decision, deeming the City's autopsy requirement null and void for creating an additional burden on the claimant and usurping the statutory presumption. The case has been remanded to the ALJ for a new hearing applying the statutory burden-shifting analysis without the invalidated policy.

OJI benefitsFirefighter presumptionStatutory conflictAutopsy requirementBurden of proofAdministrative Law JudgeChancery CourtAppellate reviewRemedial statutesHypertension
References
26
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