IN THE COURT OF APPEALS OF TENNESSEE

AT JACKSON

Assigned on Briefs August 3, 2020

AMELIA JOHNSON ET AL. v. MILLINGTON MUNICIPAL SCHOOLS

Appeal from the Circuit Court for Shelby County

No. CT-003896-15 Jerry Stokes, Judge

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No. W2019-01547-COA-R3-CV

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Appellants filed suit against Appellee under the Governmental Tort Liability Act, 

alleging that Appellee breached its duty to protect Appellant/student, who was injured in 

a fight on school grounds. The trial court held that Appellants failed to meet their burden 

to show negligence and denied relief. The appellate record contains no transcript or 

statement of the evidence for our review as required by the Tennessee Rules of Appellate 

Procedure. Accordingly, we conclude that there was sufficient evidence to support the 

trial court’s findings. Affirmed and remanded.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court

Affirmed and Remanded

KENNY ARMSTRONG, J., delivered the opinion of the court, in which D. MICHAEL 

SWINEY, C.J., and ANDY D. BENNETT, J., joined.

Amelia Vaughn Johnson, Gemelia Johnson, and Rodneshia Vaughn, Memphis, 

Tennessee, appellants, pro se.

Edward J. McKenney, Jr., and William J. Wyatt, Memphis, Tennessee, for the appellee, 

Millington Board of Education.

OPINION

I. Background

Amelia Vaughn is the mother of Gemelia Johnson and Rodneshia Vaughn 

(together with Gemelia Johnson and Amelia Vaughn, “Appellants”). During the 2013-

2014 school year, Gemelia Johnson was an eighth-grade student at Woodstock Middle 

08/27/2020
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School, where she was on the cheerleading team. During Gemelia’s 2013-2014 school 

year, Woodstock Middle School hosted a sporting event against Millington Middle

School, which had a cheerleading team of its own. During the event, two female 

cheerleaders from Millington Middle School, T’Kya Johnson (no relationship to Gemelia 

Johnson) and Taylor Ballard, allegedly began to mock the Woodstock cheerleaders and 

Gemelia in particular. The two girls later made a Facebook post about Gemelia and the 

cheerleading incident. Gemelia informed her cheerleading coach about the incident.

After the 2013-2014 school year, Gemelia’s parents enrolled her as a ninth-grader 

for the 2014-2015 school year at Millington High School, which is part of Millington 

Municipal Schools (“Appellee”). On September 22, 2014, Gemelia’s sister, Rodneshia 

Vaughn (a 2014 Millington High School graduate), arrived at Millington High School 

around 2:00 p.m. to pick Gemelia up from school. Sometime at or around the time 

Rodneshia arrived at the school, two fights occurred on campus. One of the fights 

involved Gemelia and several other students. Rodneshia got out of her vehicle and 

engaged in the fight in aid of her sister. A school law enforcement officer, as well as 

teachers and others, helped break up the melee. Gemelia suffered a broken nose. After a

school officer and school officials took written statements from each of the fight 

participants, Appellee suspended Gemelia. 

On September 15, 2017, Appellants filed suit against Appellee under the 

Governmental Tort Liability Act, Tenn. Code Ann. §§ 29-20-101, et seq. (“GTLA”), 

alleging negligence. Specifically, Appellants alleged that Appellee breached its duty to 

supervise students waiting for their rides.

After several delays, the trial court heard the case on July 8 and 9, 2019. Our 

record includes neither a transcript of the evidence adduced at the hearing, nor a 

Tennessee Rule of Civil Procedure 24 statement of the evidence. However, in its order, 

the trial court summarized the testimony as follows:

Gemelia testified that she was standing outside the school building 

waiting on her father to pick her up, unaware that Rodneshia was picking

her up that day. She testified that the two girls, Taylor Ballard, and T’Kya 

Johnson, were standing outside the building where “student car riders” are 

picked up by their parents and love ones. The two girls were in close 

proximity to her and started “looking at her sideways.” Then suddenly and 

without warning one of the girls, who was standing behind a young man 

named Devarix Cleaves, swung around the young man and hit Gemelia. 

Then both T’Kya Johnson and Taylor Ballard, along with Mr. Cleaves, 

began beating her until Rodneshia Vaughn came to her aid. Gemelia 

suffered a broken nose from the fight with lingering complications that 

exist to the date of this trial.

Rodneshia testified that she drove up to pick up Gemelia. She could 
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not find Gemelia until she got out her vehicle and then saw Gemelia been 

attacked by two or more people. Rodneshia testified that she tried to break 

up the fight whereupon one or more of the girls attacked her. Rodneshia 

suffered arm, shoulder, back and leg/thigh abrasions. She received medical 

treatment and had to wear a sling as a result of the attack.

Amelia Vaughn is the mother of Gemelia. Amelia testified that she 

wanted her daughter to attend Millington High. At the beginning of the 

2014-15 school year, at Millington, she spoke to a school counselor and 

informed that counselor that Gemelia had been mocked by T’Kya Johnson 

and Taylor Ballard when Gemelia was a student at Woodstock School. She 

testified that the counselor said she would make a note of that information 

and place it in Gemelia’s school records.

Gregory Johnson[, Gemelia’s father] testified that whenever he picks 

up Gemelia from after school, he has observed that school security always 

seemed lax, with no teachers present on the outside of the school. After he 

learned that Gemelia had been in a fight, he went to the school and voiced

concerns that a male individual may have hit Gemelia during her altercation 

with the two girls.

Officer Brian Luna testified that he was one of two Shelby County 

Sheriff deputies who was assigned to Millington High School. He further 

testified that on September 22, 2014, he was directing traffic when he saw 

two fights involving four girls. The fights were approximately twenty-five 

yards from him. He then left from directing traffic and broke up one of the 

fights, with the help of a school teacher. He later interviewed T’Kya 

Johnson and Taylor Ballard. That same afternoon he also spoke to 

Rodneshia Vaughn who told him that Gemelia got out of Rodneshia’s 

vehicle and fought with a girl. Rodneshia said to him that is when she got 

out of her vehicle to help Gemelia.

Rudolph Ritter, a math teacher at Millington, testified that he was 

assigned to and was outside of the 100 Hallway Building. The 100 

Hallway Building is the building near the semicircle drive where students 

are picked up by parents and love ones. On September 22, 2014, 

immediately after school, Mr. Ritter went to his watch station and observed 

a young lady get out of her vehicle, run-up to a young girl nearly ten feet 

from him and struck her. Rodneshia looked like the young, lady who he 

saw exit her vehicle and struck this other girl. He and other teachers broke 

up that fight. Then he saw another fight occurring as well.

On September 22, 2014, at the end of the school day, Millington 

math teacher, Sarah Garner, was assigned to watch students exit the 100 

Hallway Building. She saw a girl run up and hit another girl. She then saw 

math teacher Ritter running to break up that fight. She yelled for the girls 

to stop fighting. She remembered taking one of the girls to her classroom. 

On September 22, 2014, Sarah Beth Hale was the assistant principal at 
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Millington. She testified that on that day she was outside the entrance to 

the school where she saw Gemelia get into a white sports utility vehicle 

mere minutes before the fights in question occurred. After the two fights 

were broken up, Gemelia was taken to the school office. There, Gemelia 

informed Ms. Hale that she got out of the vehicle because a girl was using 

profanity toward her. Gemelia further told Ms. Hale that she slapped the 

girl who was directing profanity at her. Ms. Hale later talked to Gemelia’s 

parents about the incident. After everyone was interviewed, Ms. Hale 

suspended the three female students that were involved in the fight.

Gemelia’s parents seemed more concerned about what actions, if any, 

would be taken against Devarix Cleaves, who they believed hit Gemelia.

On July 29, 2019, the trial court entered its Order of Judgment with Findings of 

Fact and Conclusions of Law, wherein it held that Appellants failed to meet their burden 

to show that Appellee was negligent. Appellant’s appeal.

II. Issue

The sole issue for review is whether the evidence preponderates against the trial 

court’s findings of fact and conclusions of law.

III. Standard of Review

This case was tried by the court sitting without a jury. As such, we review the trial 

court’s findings of fact de novo on the record of the trial court, accompanied by a 

presumption of the correctness of these findings, unless the evidence preponderates 

otherwise. Tenn. R. App. P. 13(d); Langschmidt v. Langschmidt, 81 S.W.3d 741, 744 

(Tenn.2002). With respect to the trial court’s conclusions of law, however, our review is 

de novo with no presumption of correctness. Ganzevoort v. Russell, 949 S.W.2d 293, 

296 (Tenn. 1997); Broadbent v. Broadbent, 211 S.W.3d 216, 219-20 (Tenn.2006).

IV. Analysis

As set out in its order, the trial court made the following findings of fact and 

conclusions of law:

FINDINGS OF FACT

After listening to all of the evidence as well as weighing the 

evidence, the Court finds Gemelia Johnson was involved in a mocking 

event with Taylor Ballard and T’Kya while Gemelia was an eighth-grade 

student at Woodstock Middle School. Gemelia told her Woodstock coach 

about the mocking incident. Gemelia was later the subject of a Facebook 
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post by one of the girls regarding the mocking event. When Gemelia 

enrolled at Millington High School, she learned that these same two girls 

attended Millington High as well. While at the Millington school, these 

girls displayed unpleasant looks when they saw Gemelia. However, no 

words were ever exchanged between Gemelia and the other two girls.

On September 22, 2014, a fight occurred when Rodneshia drove her 

vehicle to pick up Gemelia. After Rodneshia picked up Gemelia, Gemelia 

received expletives from either T’Kya Johnson or Taylor Ballard. After 

being the victim of such expletives, Gemelia exited Rodneshia’s vehicle 

and physically confronted one or both of the girls. A fight ensued with 

both girls, which prompted Rodneshia to get out of the driver’s side of her 

vehicle in order to help Gemelia. Rodneshia then became physically 

engaged with one or both girls who were fighting Gemelia.

The Court finds that Plaintiff has not established by a preponderance 

of the evidence that Defendant Millington was on notice of any antagonism 

between Gemelia and the two other girls. Amelia Johnson’s meeting with 

a school counselor to discuss Gemelia’s prior encounter with the two girls 

was simply not supported by the evidence. There was no name associated 

with the counselor, nor was there any written record that the information 

Amelia gave this counselor was ever memorialized in Gemelia’s school 

records. Ms. Hale affirms that if such information was presented to the 

counselor, the counselor would be obligated to forward it to her. If such 

was presented to Ms. Hale, that information would be taken very seriously 

and would be investigated. Such information was never recorded in order 

to be forwarded to her. 

In addition, the Court finds that after school ended on September 22, 

2014, there were teachers outside of the school building watching for the 

students. In addition, on September 22, 2014, Sheriff Deputy Brian Luna 

was outside of the school on the day in question directing traffic when he 

observed two fights around twenty-five feet from him. Also, Officer Luna 

was unequivocal that Rodneshia, a student he knew from the prior school 

year, informed him that Gemelia got out of Rodneshia’s vehicle and fought 

with a girl.

The Court further finds that no male individual was involved in 

either fight with the four females. In addition, all of the females were 

charged with a criminal offense. Also, neither the parents of Gemelia nor 

Rodneshia ever challenged or denied the statements (until they testified in 

this trial) that were attributed to Gemelia and Rodneshia after the fight. 

Further, there was at least one eyewitness who saw Rodneshia leave her 

vehicle to fight with one of the two girls.

It must be noted that the Court finds that Ms. Hale was clearly 

impeached on cross-examination about the color and type of Rodneshia’s 

vehicle. Ms. Hale was further impeached when she testified that Rodneshia 
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tried to get back in her vehicle to drive away after the fights. Absolutely no 

one else testified to that, as all participants were taken into the school 

building and held in custody immediately after the fight. Despite the 

impeachment on those points, Ms. Hale was unwaveringly clear that she 

saw Gemelia getting in a vehicle mere minutes prior to the fight. Ms. Hale 

was also clear that Gemelia informed her that she (Gemelia) got out of a 

vehicle and slapped one of the girls who cursed at her. Further on the same 

or next day, Ms. Hale made a report of the incident, including what 

Gemelia stated to her.

CONCLUSIONS OF LAW

This Court hereby rules that Millington had no actual or constructive 

notice of any impending animosity between Gemelia Johnson and Taylor 

Ballard and T’Kya Johnson such that preventive measures could have been 

taken by the Millington School officials in time to stop a likely physical 

confrontation between them. The Court further rules that on September 22, 

2014, the fight occurred while teachers as well as one Shelby County 

Sheriff's deputy, were in close proximity to the semi-circle driveway when 

Rodneshia’s vehicle entered onto the school property. The fight occurred 

organically before any school personnel had time to anticipate it or to 

prevent it. Plaintiffs presented credible evidence during their case-in-chief. 

However, the Court rules that later the defense presented proof that was 

equal to the Plaintiffs’ proof. Therefore, this Court rules that Plaintiffs did 

not carry their burden of proof by a preponderance of evidence that 

Defendant had notice of animosity between students and failed to take 

appropriate security measures to prevent foreseeable harm to Gemelia 

Johnson and Rodneshia Vaughn. Therefore, this Court finds in favor of 

Defendant.

Appellants have asked this Court to review the foregoing findings of fact and 

conclusions of law against the evidence presented at the hearing. However, as noted 

above, there is no transcript or statement of the evidence in the appellate record.

Rule 24 of the Tennessee Rules of Appellate Procedure outlines the requirements 

concerning both content and preparation of the appellate record, to wit:

(a) The record on appeal shall consist of: (1) copies, certified by the clerk of 

the trial court, of all papers filed in the trial court except as hereafter 

provided; (2) the original of any exhibits filed in the trial court; (3) the 

transcript or statement of the evidence or proceedings, which shall clearly 

indicate and identify any exhibits offered in evidence and whether received 

or rejected. . . .
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* * *

(b) . . .the appellant shall have prepared a transcript of such part of the 

evidence or proceedings as is necessary to convey a fair, accurate and 

complete account of what transpired with respect to those issues on appeal.

If no transcript is available, Tennessee Rule of Appellate Procedure 24 provides that “the 

appellant shall prepare a statement of the evidence or proceedings from the best available 

means, including the appellant's recollection. The statement should convey a fair, 

accurate and complete account of what transpired with respect to those issues that are the 

bases of appeal.” Tenn. R. App. P. 24(c). The responsibility for the preparation of the 

transcript or a statement of evidence is on the parties, and the appellant has the primary 

burden to ensure that a proper record is prepared and filed in this Court. Tenn. R. App. 

P. 24; McDonald v. Onoh, 772 S.W.2d 913, 914 (Tenn. Ct. App. 1989).

While we are cognizant that Appellants are proceeding pro se in this appeal, it is 

well-settled that “pro se litigants are held to the same procedural and substantive 

standards to which lawyers must adhere.” Brown v. Christian Bros. University, No. 

W2012-01336-COA-R3-CV, 2013 WL 3982137, at *3 (Tenn. Ct. App. Aug. 5, 2013), 

perm. app. denied (Tenn. Jan. 15, 2014). While a party who chooses to represent himself 

or herself is entitled to the fair and equal treatment of the courts, Hodges v. Tenn. Att’y 

Gen., 43 S.W.3d 918, 920 (Tenn. Ct. App. 2000), “[p]ro se litigants are not . . . entitled to 

shift the burden of litigating their case to the courts.” Whitaker v. Whirlpool Corp., 32 

S.W.3d 222, 227 (Tenn. Ct. App. 2000). The burden is on the Appellant to show that the 

evidence preponderates against the judgment of the trial court. Coakley v. Daniels, 840 

S.W.2d 367, 370 (Tenn. Ct. App. 1992) (citing Capital City Bank v. Baker, 442 S.W.2d 

259, 266 (Tenn. Ct. App. 1969)). “The burden is likewise on the appellant to provide the 

Court with a transcript of the evidence or a statement of the evidence from which this 

Court can determine if the evidence does preponderate for or against the findings of the 

trial court.” Id.

Although the resolution of the issue presented rests largely on the relevant facts of 

this case, the appellate record contains neither a transcript of the hearing nor a statement 

of the evidence pursuant to Tennessee Rule of Appellate Procedure 24(c). In the absence 

of any record of the proceedings, this Court cannot make a meaningful review of the 

issue. This Court has cautioned that where the issues on appeal turn on factual 

determinations, the absence of a transcript or statement of the evidence is essentially fatal 

to the party having the burden on appeal. It is well settled that, in the absence of a 

transcript or statement of the evidence, this Court must presume that there was sufficient 

evidence before the trial court to support its judgment. PNC Multifamily Capital Inst. 

Fund XXVI Ltd. P’ship v. Mabry, 402 S.W.3d 654, 661 (Tenn. Ct. App. 2012), perm. 
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app. denied (Tenn. Apr. 10, 2013); Outdoor Management LLC v. Thomas, 249 S.W.3d 

368, 377 (Tenn. Ct. App. 2007); and Baugh v. Moore, No. M2013-02224-COA-R3-CV, 

2015 WL 832589, at *3 (Tenn. Ct. App. Feb. 25, 2015). Without a transcript or statement 

of the evidence, we have no way to determine whether the evidence was sufficient to 

support the trial court’s findings of fact and its conclusions of law based on those facts. 

In other words, our ability to address the issue presented by Appellants in this appeal “is 

severely hampered if not eliminated by the absence of transcripts of the hearing or the 

trial, or any statement of the evidence prepared in accordance with Tenn. R. App. P. 

24(c).” Rowe v. Rowe, No. E2005-01023-COA-R3-CV, 2007 WL 541813, at *5 (Tenn. 

Ct. App. Feb. 22, 2007). Because there is no transcript or Rule 24 statement of the 

evidence, the facts found by the trial court are conclusive on appeal.

V. Conclusion

For the foregoing reasons, we affirm the judgment of the trial court. The case is 

remanded for such further proceedings as may be necessary and are consistent with this 

opinion. Costs of the appeal are assessed to the Appellants, Amelia Vaughn Johnson, 

Gemelia Johnson, and Rodneshia Vaughn, for all of which execution may issue if 

necessary.

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KENNY ARMSTRONG, JUDGE