Court Rulings

This wrongful-death action arises out of the death of a Lemay Concrete employee who was struck and killed by a third party's cement-mixer truck while acting in the course and scope of his employment. The issues in this appeal are post-settlement disputes concerning an attorney's fee lien filed by the plaintiffs' first attorney, a subrogation lien filed by the employer's workers' compensation carrier, and the assessment of postsettlement discretionary costs against the carrier. The employee's family instituted this action after agreeing to pay their first attorney 33% of the gross recovery or "a reasonable attorney's fee" if they discharged him before recovering. While the action was pending, the insurance carrier paid workers' compensation benefits to the family and, after declining a settlement offer of $400,000, the plaintiffs discharged their attorney. The plaintiffs then retained substitute counsel. Months later, the wrongful-death claim was settled for $1,350,000. The plaintiffs then sought to void their first attorney's fee agreement and requested the trial court deduct a portion of their substitute counsel's fees from the carrier's subrogation lien. The trial court referred all issues to a special master. The special master found the fee agreement was valid and recommended a fee of $133,333—or 33% of $400,000, the amount of the last "firm offer" secured during the first attorney's representation. The special master's report contained no findings and identified no factors relied upon in determining that $133,333 was a "reasonable fee," other than finding the amount would be one-third of the last "firm offer" obtained by the first attorney. The special master also found the carrier's own counsel protected its subrogation lien and, thus, recommended that the carrier not be liable for any portion of the plaintiffs' attorneys' fees. The trial court adopted verbatim the special master's findings and recommendations. Additionally, the court assessed post-settlement

This is an appeal of the trial court's decision to summarily dismiss a claim of vicarious liability against the owner of the vehicle that was involved in a fatal vehicular accident. The driver of the vehicle was the son and employee of the vehicle owner, and it is alleged that the driver was acting in the course and scope of his employment with the vehicle owner at the time of the collision. The owner of the vehicle filed for summary judgment, and the trial court found the affidavits and deposition testimony of the owner and his son refuted the prima facie evidence of vicarious liability created by Tenn. Code. Ann. §§ 50-10-311 and -312 that the son was acting in the course and scope of his employment at the time of the collision. The plaintiff appeals contending that summary judgment was not proper because the owner and his son were interested witnesses and their credibility was at issue. We agree. It is undisputed that the son's employment necessitated his travel on the road where the collision occurred, and whether the son had deviated from the defendant's business prior to the collision is a material fact that is in dispute. For this reason, we reverse the trial court's grant of summary judgment and remand for further proceedings.

The plaintiff, Michael Colpitts, appealed from a November 8, 2018 judgment of the Providence County Superior Court in favor of the defendant, W.B. Mason Co., Inc. (W.B. Mason). The plaintiff alleged that W.B. Mason had violated the Rhode Island employer drug testing statute, G.L. 1956 § 28-6.5-1(a)(1), when, on March 5, 2018, the company required him to take a drug test, purportedly without reasonable grounds, and ultimately terminated him for his refusal to do so. On appeal, the plaintiff contended that the issue was whether or not the trial justice erred in "finding that WB Mason Co[.], Inc. had reasonable grounds [pursuant to § 28-6.5-1(a)(1)] to believe, based on specific aspects of [Mr. Colpitts's] performance and specific documented observations, concerning Michael Colpitts['s] appearance, behavior and speech, that he might have been under the influence of a controlled substance." The Supreme Court held that, based on the testimony elicited at trial, the trial justice did not abuse her discretion in determining that, on the basis of contemporaneous observations of Mr. Colpitts's appearance, behavior, and speech, W.B. Mason had reasonable grounds on which to believe that Mr. Colpitts was under the influence of a controlled substance and to request that he undergo a drug test. Accordingly, the Court affirmed the judgment of the Superior Court.

Homeowners sued their builder, asserting claims for violations of the Tennessee Consumer Protection Act of 1977 ("TCPA"), among others. The builder counterclaimed for attorney's fees, contending that the TCPA claims were frivolous, without legal or factual merit, or brought for the purpose of harassment. The trial court denied the builder's motions to dismiss and for summary judgment, and the builder moved to amend its counterclaim to add a claim for attorney's fees based on the parties' purchase and sale agreement. The homeowners nonsuited their claims against the builder before the trial court heard oral argument on the motion to amend, and the trial court subsequently denied the builder's motion to amend. The homeowners then moved to dismiss the builder's counterclaim, and the trial court granted the motion. The builder appeals the trial court's denial of its motions to dismiss and for summary judgment, the denial of its motion to alter or amend, and the dismissal of its counterclaim. We dismiss the appeal of the denial of the builder's motions to dismiss and for summary judgment, and we affirm the trial court's denial of the builder's motion to amend and its dismissal of the builder's counterclaim for attorney's fees.

A preschool teacher terminated from her employment at a church preschool brought multiple claims against the church, the school, the director of the school, and a church committee. After the teacher presented her evidence to a jury, the court granted motions for a directed verdict as to all defendants except the church and on all claims except common law retaliatory discharge and promissory estoppel. The teacher claimed that the director terminated her employment in retaliation for her complaints about safety issues at the school and that she relied on a promise by the chair of a church committee that a probation report would be removed from her personnel file. The jury found in favor of the church on both counts, and the trial court entered judgment in favor of the church. We affirm the judgment of the trial court in all respects.

In this probate action, Iva Zan Thrall ("Decedent") had named the original respondent, Marion Dodd, as a payable-on-death ("POD") beneficiary on several of Decedent's bank accounts.1 The petitioner, Jerry Cunningham, acting as executor of Decedent's estate ("Executor"), initiated the instant action by filing a petition to enforce Decedent's last will and testament in the Sullivan County Chancery Court ("trial court"). Executor named as respondents Ms. Dodd and the two financial institutions where Decedent's accounts were maintained. Upon notice of Ms. Dodd's death, her estate ("the Dodd Estate") was subsequently substituted as a respondent. The two financial institutions were eventually dismissed from this action and are not participating in this appeal. Following a bench trial, the trial court determined that the Dodd Estate must provide to Executor all account funds that Ms. Dodd had received as a POD beneficiary. Following a review of Decedent's testamentary documents, including a codicil to her last will and testament, the trial court concluded by clear and convincing evidence that Decedent intended for Ms. Dodd, who had originally been named as executrix in the last will and testament, to act in a representative capacity with regard to the account funds. The trial court held that a constructive trust be imposed regarding the funds to give effect to Decedent's intent, which the court found to be the creation of "a resulting trust and/or implied trust" concerning the account funds. The effect of the constructive trust was that it dispossessed the account funds from the Dodd Estate and transferred those funds to Decedent's estate via Executor. The trial court further determined that the Dodd Estate would be unjustly enriched if the trial court did not impose equitable principles. The Dodd Estate has appealed. Because we are unable to ascertain whether the trial court's final order represents the independent judgment of the court, we vacate the order and remand for