Legal Opinion
Patton v. Estate of Upchurch
Court of Appeals of Tennessee
Decided July 27, 2007PublishedCited by 37 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · FranksHerschel Pickens Franks, P.J.
in which CHARLES D. SUSANO, JR., J., and SHARON G. LEE, J., joined.
The Trial Court dismissed plaintiffs’ Breach of Contract claim against defendants on the basis of collateral estoppel. Plaintiffs have appealed. We hold that the doctrine of collateral estoppel does not apply, but affirm the Trial Court’s Judgment on the grounds that the doctrine of res judicata bars the action against the insured, the insurance attorney could not be held personally liable as he was an agent of a disclosed principal, and the insurance company could not be held vicariously liable for its attorney’s…
3Cases cited23 opinions
- Young v. BarrowCourt of Appeals of Tennessee · 2003
- Givens v. Mullikin Ex Rel. McElwaneyTennessee Supreme Court · 2002
- Guy v. Mutual of Omaha Insurance Co.Tennessee Supreme Court · 2002
- Willis v. Tennessee Department of CorrectionTennessee Supreme Court · 2003
- Beaty v. McGrawCourt of Appeals of Tennessee · 1998
18 more not listed; retrieve them via the Exa API.
4Cited by37 opinions
- Creech v. AddingtonTennessee Supreme Court · 2009
- Mullins v. StateTennessee Supreme Court · 2009
- REGIONS FINANCIAL CORP. v. Marsh USA, Inc.Court of Appeals of Tennessee · 2009
- In Re: Taylor B. W.Tennessee Supreme Court · 2013
- Rebekah v. Crownover (In Re Crownover)United States Bankruptcy Court, E.D. Tennessee · 2009
32 more not listed; retrieve them via the Exa API.