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FRIDAY, APRIL 20, 2012
SUPREME COURT REVERSES AWARD OF DAMAGES FOR LACK OF CEMETERY UPKEEP
April 19, 2012
The Tennessee Supreme Court today reversed a trial court’s award of damages because the plaintiff had failed to prove that she had suffered a serious mental injury in her claim based on intentional infliction of emotional distress due to poor maintenance of a cemetery.
In 2001, Betty Saint Rogers’ son died and was buried at the Fort Hill Cemetery in Cleveland, Tenn. During her visits to the cemetery Rogers noticed high grass, overturned headstones, roads in poor condition and debris. According to Rogers, the inadequate cemetery maintenance caused her to be very emotional and tearful when she visited the cemetery. In April 2004, Rogers sued the cemetery owner, Louisville Land Company, and its sole shareholder and owner, Joe V. Williams, III, alleging several causes of action including intentional infliction of emotional distress. Following a trial in the Bradley County Chancery Court, the Chancellor awarded Rogers a judgment against the defendants for $45,000 in compensatory damages and $250,000 in punitive damages for intentional infliction of emotional distress, $250 for breach of contract as well as attorney’s fees and discretionary costs. The Court of Appeals reversed the award of compensatory damages, punitive damages and attorney’s fees. The judgment against Williams was also reversed.
In a unanimous opinion, authored by Justice Sharon G. Lee, the Tennessee Supreme Court affirmed the Court of Appeals’ decision.The Court ruled that in order to recover for intentional infliction of emotional distress, the plaintiff had to prove that she had suffered a serious mental injury resulting from the defendants’ failure to maintain the cemetery. Because the plaintiff’s proof was deficient, the judgment for compensatory and punitive damages in her favor was reversed. The Court also ruled that Williams could not be held personally liable for breach of contract because the company and Williams are distinct legal entities.
To read the Betty Saint Rogers v. Louisville Land Company opinion authored by Justice Sharon G. Lee, visithttp://www.tncourts.gov/sites/default/files/rogersbetty_opn.pdf.
(Way to go, Supreme Court)
Lookout Residents In Fuss Over Driveway
Friday, July 22, 2005
A Lookout Mountain couple is seeking a Chancery Court injunction involving a fuss over a driveway.
Marion and John Campbell are suing Joe V. Williams III, trustee for the Joe V. Williams Jr. heirs; and Merrill and Margaret Sexton.
The suit says the Campbells in July 2003 bought from Rody Davenport a vacant lot on Fort Stephenson Road next to the Williams place.
It says the deed states that the Campbells took the property "subject to an existing asphalt driveway and the rights of others, if any, to the use thereof."
The suit, filed by attorney Philip Langford, says one or more of the defendants approached Mr. Davenport in 2000 and asked about buying a small portion of the lot so a driveway could be built. It says Mr. Davenport declined to sell any of the lot, saying the defendants already had adequate access to their property.
It says the defendants proceeded to build the driveway across the lot - without permission of Mr. Davenport.
The Campbells said they discovered the driveway when they were inspecting the lot. They said after they bought it they informed the defendants in writing that the driveway was an unauthorized encroachment on their property and demanded that it be removed.
An attorney for the defendants said in a letter of Sept. 8, 2003, that the defendants had easement rights to use the driveway.
The lawyer for the Campbells wrote back two days later reiterating their position and said the driveway must be removed by Sept. 22, 2003.
The suit says the defendants did not reply further and the driveway was not removed on the lot, where the Campbells built a house.
The Campbells said in late September or early October 2003, they paid a contractor to remove the driveway and plant bushes where it had been.
The suit says they had no objections from the defendants, but earlier this week they entered the lot without notice or permission and began cutting down the bushes with a chainsaw.
They then placed the cut-down bushes in front of the Campbells' driveway.
The Campbells asked that the defendants be enjoined from further entering the property and asked the court to declare that they own the lot free and clear of any easements.
(Taxpayers love paying for negligent landlords)
OWNER AND CLEVELAND OFFICIALS CLASH OVER FATE OF 1920S-ERA HOUSE
Monday, March 5, 2012
The 1920s-era house is one of two on a lot at 14th Street and Harle Avenue and is owned by Joe V. Williams.CLEVELAND, Tenn. — City officials are asking for court permission to demolish an old house inside its Historic Preservation District.
“It was in bad shape before the fire,” said Joan Benjamin, who also lives in the Historic Preservation District and is a member of its commission.
The fire on Nov. 25, 2010, “caused significant damage to the structure,” according to a lawsuit the city filed in Chancery Court. Since the fire, Williams and city officials have gone back and forth about what to do
| License Status | ACTIVE |
| License # | 261781 |
| License ID | 261781 |
| Expiration Date | Sep 29 2012 |
| Original Date | Aug 5 1996 |
| Profession Code | 2501 |
| Profession Name | Real Estate Agent |
| First Name | JOSEPH |
| Middle Name | V. |
| Last Name | WILLIAMS |
| City | CHATTANOOGA |
| State | TN |
| Zip Code | 37402 |
| Rank | PRINCIPAL BROKER |
| License Activity Description | Alternative Coverage |
Continuing Education
| License ID | Course Name | Provider Name | End Date | Credit Hours |
| 261781 | QUAD CODE OF ETHICS (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Nov 10 2011 | 3 |
| 261781 | 2011 EDUCATION SEMINARS(CR) | TENNESSE REAL ESATE COMMISSION | Aug 17 2011 | 2 |
| 261781 | LEGAL ISSUES (CR) | CHAMBLISS, BAHNER & STOPHEL, PC | Feb 15 2011 | 3 |
| 261781 | BASIC APPRAISAL COMPREHEN(CR) | PROXIMA EDUCATION | Jan 26 2011 | 3 |
| 261781 | RECENT DEVELOPMENT(CR) | CHAMBLISS, BAHNER & STOPHEL, PC | Jun 30 2010 | 2 |
| 261781 | TAR FORMS 101 (CR) | SUSAN BARNETTE | Feb 4 2010 | 4 |
| 261781 | HARNESSING THE POWER (CR) | TENNESSEE ASSOCIATION OF REALTORS | Nov 21 2008 | 8 |
| 261781 | ACCREDITED BUYER REP (CR) | TENNESSEE ASSOCIATION OF REALTORS | Nov 14 2008 | 16 |
| 261781 | TREC SPRING 2008 SEMINAR (CR) | TENNESSE REAL ESATE COMMISSION | May 6 2008 | 2 |
| 261781 | RECENT LEGAL DEVEL R E (CR) | CHAMBLISS, BAHNER & STOPHEL, PC | Mar 11 2008 | 3 |
| 261781 | BUILDING TALK-RED FLAG (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Jan 31 2008 | 5 |
| 261781 | ENHANCING CUSTOMER SERV (CR) | COURTHOUSE EDUCATIONAL SERVICES | Jan 22 2008 | 3 |
| 261781 | TN LANDLORD/TENANT LAW (CR) | LORMAN BUSINESS CENTER, INC. | Jul 11 2007 | 7 |
| 261781 | COMM R E FINANCING TN (CR) | LORMAN BUSINESS CENTER, INC. | Mar 21 2007 | 8 |
| 261781 | INTRO EPA NEW AAI (CR) | S&ME, CHATTANOOGA | Jan 18 2007 | 2 |
| 261781 | PRICE IT RIGHT/RENTAL WORTH(C | GREATER NASHVILLE ASSOC. OF REALTORS, IN | Sep 18 2006 | 4 |
| 261781 | TODAY'STAX LAWS AFFECT RE(CR | GREATER NASHVILLE ASSOC. OF REALTORS, IN | Sep 18 2006 | 4 |
| 261781 | GRI 4 OFFER TO CONTRACT TO(CR | TENNESSEE ASSOCIATION OF REALTORS | Aug 15 2006 | 16 |
| 261781 | GRI 2 SMART MARKETING ETC (CR | TENNESSEE ASSOCIATION OF REALTORS | Aug 11 2006 | 16 |
| 261781 | GRI 5:SYSTEMS FOR SUCCESS(CR) | TENNESSEE ASSOCIATION OF REALTORS | Aug 3 2006 | 16 |
| 261781 | SPRING 2006 TREC SEM (CR) | TENNESSE REAL ESATE COMMISSION | May 11 2006 | 2 |
| 261781 | BUILDING CODES (CR) | LORMAN BUSINESS CENTER, INC. | Feb 24 2006 | 7 |
| 261781 | TITLE EXAMINATION IN TN. (CR) | LORMAN BUSINESS CENTER, INC. | Feb 22 2006 | 7 |
| 261781 | RECOGNIZE METH LABS (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Feb 17 2006 | 3 |
| 261781 | GRI 1 PROFESSIONALISM RE (CR) | TENNESSEE ASSOCIATION OF REALTORS | Feb 14 2006 | 16 |
| 261781 | PLAT & SUBDIVISION LAW (CR) | LORMAN BUSINESS CENTER, INC. | Jan 31 2006 | 7 |
| 261781 | EMINENT DOMAIN (CR) | LORMAN BUSINESS CENTER, INC. | Jan 27 2006 | 7 |
| 261781 | MANAGE CONSTRUCTION PROJ (CR) | LORMAN BUSINESS CENTER, INC. | Jan 6 2006 | 8 |
| 261781 | GRI 3 FINANCING SUCC TRAN(CR) | TENNESSEE ASSOCIATION OF REALTORS | Nov 18 2005 | 16 |
| 261781 | 2005 SIOR FALL PO CONF (CR) | SOCIETY OF INDUSTRIAL & OFFICE REALTORS | Nov 6 2005 | 12 |
| 261781 | QUANTUM SALES/LEASE (CR) | INTER COUN SHOP, TN/KY | Jul 20 2005 | 4 |
| 261781 | COMMERCIAL LEASES (CR) | INTER COUN SHOP, TN/KY | Jul 20 2005 | 4 |
| 261781 | TREC SPRING 2005 SEM (CR) | TENNESSE REAL ESATE COMMISSION | Jun 10 2005 | 2 |
| 261781 | CORE/CRIT COMP COMM BR 200 (C | SOCIETY OF INDUSTRIAL & OFFICE REALTORS | Mar 5 2005 | 18 |
| 261781 | TECH VANTAGE/STOP BUY USE (CR | COACHING INSTITUTE | Jul 15 2004 | 3 |
| 261781 | LEGAL ISSUES &STRATEGIES(CR | INTER COUN SHOP, TN/KY | Jul 6 2004 | 4 |
| 261781 | CREDIT ANALYSIS/MORTGAGE (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | May 7 2004 | 3 |
| 261781 | TREC CORE 03/04 (1073) (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Apr 15 2004 | 4 |
| 261781 | ETHICS/PROFESS STAN (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Jul 23 2003 | 3 |
| 261781 | PROTECT INVESTMENT (CR) | INTER COUN SHOP, TN/KY | Jul 14 2003 | 4 |
| 261781 | RISK REDUCTION | CHATTANOOGA ASSOCIATION OF REALTORS | Sep 27 2002 | 3 |
| 261781 | AIR INDUS/COMM FRM REV (CR) | AMER INDUS R E ASSN | Sep 18 2002 | 8 |
| 261781 | MORTAGE INDUS TRENDS & ISS(CR | CHATTANOOGA ASSOCIATION OF REALTORS | Aug 22 2002 | 3 |
| 261781 | LICENEES AND THE BANKRUP (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Aug 22 2002 | 3 |
| 261781 | LEGAL ISSUES COMM R E (CR) | INTER COUN SHOP, TN/KY | Jul 29 2002 | 4 |
| 261781 | AVOID/SOLVE CLOSING PROBS (CR | TENNESSEE ASSOCIATION OF REALTORS | Oct 6 2001 | 2 |
| 261781 | DISCLOSURES & DISCLAIMERS (CR | TENNESSEE ASSOCIATION OF REALTORS | Oct 5 2001 | 2 |
| 261781 | BECOME A R E PROFESS OF (CR) | TENNESSEE ASSOCIATION OF REALTORS | Oct 5 2001 | 2 |
| 261781 | AGENT-CLIENT COMMUNICA (CR) | TENNESSEE ASSOCIATION OF REALTORS | Oct 4 2001 | 2 |
| 261781 | LEGAL ISSUES/BUYER REP (CR) | TENNESSEE ASSOCIATION OF REALTORS | Oct 4 2001 | 2 |
| 261781 | NEGOTIATE ANYTHNG/ANYWHERE (C | TENNESSEE ASSOCIATION OF REALTORS | Oct 3 2001 | 2 |
| 261781 | COUNSELING BUYERS/SELLERS (CR | TENNESSEE ASSOCIATION OF REALTORS | Oct 3 2001 | 2 |
| 261781 | TECH MEETS PRACTICALITY (CR) | TENNESSEE ASSOCIATION OF REALTORS | Oct 3 2001 | 2 |
| 261781 | FINANCE, LEGAL/ETHIC RE (CR) | INTER COUN SHOP, TN/KY | Jul 30 2001 | 4 |
| 261781 | ACCREDITED BUYER REP (CR) | TENNESSEE ASSOCIATION OF REALTORS | Jul 19 2001 | 16 |
| 261781 | ENV ISSUES W/POTENTIAL IMP(CR | CHATTANOOGA ASSOCIATION OF REALTORS | Jul 7 2001 | 3 |
| 261781 | WIZEAGENT EXPLOR CONSUMER (CR | TENNESSEE ASSOCIATION OF REALTORS | Dec 11 2000 | 8 |
| 261781 | KNOWLEDGE IS POWER 2001-CR | B F REAL ESTATE CENTER | Oct 12 2000 | 4 |
| 261781 | LEASE FORM, NEGO, ENFOR (CR) | INTERNATIONAL COUN.OF SHOP CENTERS GA. C | Oct 3 2000 | 3 |
| 261781 | THREE BEARS/RETAIL LEASES -CR | INTERNATIONAL COUNCIL OFSHOPPING CENTERS | Aug 3 2000 | 2 |
| 261781 | LICENSE UPDATE 2000 | TENNESSE REAL ESATE COMMISSION | Jul 26 2000 | 2 |
| 261781 | KNOW THE CODE (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | May 18 2000 | 2 |
| 261781 | TVA STEWARDSHIP POLICIES & PR | CHATTANOOGA ASSOCIATION OF REALTORS | May 18 2000 | 3 |
| 261781 | TITLE INSURANCE FOR RE (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | May 18 2000 | 3 |
| 261781 | EQUAL ACCESS/EQUAL SERVICE(CR | CHATTANOOGA ASSOCIATION OF REALTORS | May 17 2000 | 3 |
| 261781 | RENO/INOVATION, FINANCING | CHATTANOOGA ASSOCIATION OF REALTORS | May 17 2000 | 3 |
| 261781 | E.I.F.S-EXTERIOR INSUL (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | May 17 2000 | 3 |
| 261781 | RE OFFICE/BROKERAGE MGMT (CR) | TENNESSEE REAL ESTATE EDUCATIONAL SYSTEM | Dec 4 1999 | 30 |
| 261781 | GAIN THE LEGAL/TECH.ADVANTAGE | NATIONAL ASSN. OF REALTORS | Nov 14 1999 | 3 |
| 261781 | TEN CON & LEASE NEGOTIATIONS | INTERNATIONAL COUNCIL OFSHOPPING CENTERS | Oct 19 1999 | 3 |
| 261781 | ENV ISSUES W/POTENTIAL IMP(CR | CHATTANOOGA ASSOCIATION OF REALTORS | Oct 14 1999 | 3 |
| 261781 | HOW YOU CAN LIST,SELL,CLOSE 5 | REAL ESTATE MARKETING | Mar 17 1999 | 3 |
| 261781 | SMART LEASING AND MARKETING S | BOMA AND CCIM LOCAL CHAPTERS | Oct 29 1998 | 3 |
| 261781 | TENANT REPRESENTATION (CR) | GREATER NASHVILLE ASSOC. OF REALTORS, IN | Sep 11 1998 | 4 |
| 261781 | LICENEES AND THE BANKRUP (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Sep 10 1998 | 3 |
| 261781 | BUILDING RELATIONSHIPS WITH C | POWER SEMINARS | Aug 12 1998 | 4 |
| 261781 | RISK RED & LICENSE LAW UP 98 | TENNESSE REAL ESATE COMMISSION | Aug 5 1998 | 2 |
| 261781 | TITLE INSURANCE FOR RE (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Jul 2 1998 | 3 |
| 261781 | AGENCY FOR TODAYS LICENSEE(CR | CHATTANOOGA ASSOCIATION OF REALTORS | Jun 12 1998 | 3 |
| 261781 | BASIC REAL ESTATE FINANCE (CR | CHATTANOOGA ASSOCIATION OF REALTORS | Jun 11 1998 | 3 |
| 261781 | FAIR HOUSING (CR) | CHATTANOOGA ASSOCIATION OF REALTORS | Jun 11 1998 | 2 |
| 261781 | UNDERSTANDING PROCUR CAUSE(CR | MEMPHIS AREA ASSOC. OF REALTOR | Jun 10 1998 | 3 |
| 261781 | THE GOOD DEAL MAKER - HOUSE | RIVER COUNTIES ASSN OF REALTORS | Jun 10 1998 | 3 |
| 261781 | CI 101 FINANCIAL ANAL (CR) | REALTORS NATIONAL MARKETING INSTITUTE | May 3 1998 | 36 |
| 261781 | ETHICS:WHAT YOU SAY CAN HURT | TENNESSEE ASSOCIATION OF REALTORS | Apr 14 1998 | 3 |
| 261781 | COURSE FOR NEW AFFILIATES (CR | TENNESSEE REAL ESTATE EDUCATIONAL SYSTEM | Sep 27 1996 | 30 |
| 261781 | AFFILIATE BROKER PRE-LIC (CR) | TENNESSEE REAL ESTATE EDUCATIONAL SYSTEM | Mar 24 1996 | 60 |
(Because he's just too stupid to figure it out, right?)
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