TBALink Opinion-Flash

November 20, 1996 -- Volume #2 -- Number #104

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue IN THIS ORDER:
01-New Opinons From TSC
00-New Opinons From TSC-Rules
04-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor



STATE OF TENNESSEE, v. JACKIE HAROLD MESSAMORE, 
STATE OF TENNESSEE, v. BILLY GENE POWELL,   

Court:TSC

FOR PLAINTIFFS/APPELLANTS:          FOR DEFENDANTS/APPELLEES:
                        
Charles W. Burson                   John E. Herbison
Attorney General & Reporter         Attorney for Appellee Messamore
Nashville, Tennessee                Nashville, Tennessee    

Gordon W. Smith                     Barton F. Robison
Associate Solicitor General         Attorney for Appellee Powell
Nashville, Tennessee                Paris, Tennessee

Alfred C. Schmutzer, Jr.
District Attorney General
Sevierville, Tennessee

James Gass
Assistant Attorney General
Sevierville, Tennessee

Robert Radford
District Attorney General
Huntingdon, Tennessee
                          

Judge: DROWOTA

First Paragraph:

This consolidated appeal presents a single issue for our
determination: is an indictment issued beyond the statutory
limitations period subject to dismissal if it fails to allege that the
prosecution was timely commenced within the applicable limitations
period by another method.  For the reasons that follow, we hold that
such indictments are not subject to dismissal. Accordingly, the
judgments of the Court of Criminal Appeals dismissing the indictments
are reversed and the judgments of the respective trial courts are
reinstated.

URL:http://www.tba.org/tba_files/TSC/MESSPOWL_OPN.WP6
Opinion-Flash

SIDNEY EUGENE ABBOTT and WILLIE BEAN,                   
v.
FIRESTONE TIRE & RUBBER CO. and LIBERTY MUTUAL INSURANCE COMPANY,

Court:TSC - Workers Comp Panel

For Appellants:               For Appellees:

Michael Y. Rowland            Andrew P. Carr, Jr.
James R. LaFevor              Shuttleworth, Smith, McNabb & Williams
Janet Edwards                 Memphis, Tennessee
Rowland & Rowland                       
Knoxville, Tennessee
                              Jack A. Childers, Jr.
                              Bateman & Childers
                              Memphis, Tennessee
                      
Judge: Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  In this consolidated
appeal, the employees or claimants, Abbott and Bean, contend the
evidence preponderates against the trial judge's finding that they
have not suffered a compensable occupational disease.  The panel finds
the judgment should be affirmed.

URL:http://www.tba.org/tba_files/TSC_WCP/ABBOTTS_OPN.WP6
Opinion-Flash

MARY BENSON,v. THE KROGER COMPANY and CNA INSURANCE COMPANY, 

Court:TSC - Workers Comp Panel

For Appellants:             For Appellee:

S. Newton Anderson          R. Sadler Bailey
Thomas F. Preston           Andrew C. Clarke
Memphis, Tennessee          Bailey & Clarke
                            Memphis, Tennessee                         
Judge: Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  In this appeal, the
employer and its insurer contend (1) the award of permanent disability
benefits based on one hundred percent to both arms is excessive, (2)
it was error to award certain medical expenses, (3) it was error to
award discretionary costs, and (4) it was error to award judgment
against both defendants.  The employee contends by cross appeal (1)
the trial court erred in limiting the recovery for permanent partial
disability to four hundred weeks, (2) the trial court erred in its
award of temporary total disability benefits, (3) the trial court
erred in allowing the employer credit for temporary total disability
benefits paid, and (4) the appeal is frivolous.  As discussed below,
the panel has concluded the judgment should be affirmed.

URL:http://www.tba.org/tba_files/TSC_WCP/BENSONM_OPN.WP6
Opinion-Flash

TERRY HAMBRICK, v. VECELLIO & GROGAN, INC., 

Court:TSC - Workers Comp Panel

For the Appellant:          For the Appellee:

Steven C. Rose              Howell H. Sherrod, Jr.
WEST & ROSE                 SHERROD, STANLEY, LINCOLN &
537 E. Center Street        GOLDSTEIN
P. O. Box 1404              249 East Main Street
Kingsport, TN 37662         Johnson City, TN 37604-5707
                       
Judge: INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
plaintiff drove a heavy truck for the defendant's construction firm. 
When asked to tell the Court "what happened when you got hurt," he
replied: Well I was backing up to get loaded and the loader operator
picked one, a big old rock up and he went to put it in the bed of the
truck and when he did, he started to let it down and the rock just
come out all at once.  And when it did, it just rattled, you know,
just shook the truck around and around.

URL:http://www.tba.org/tba_files/TSC_WCP/HAMBRICK_COM.WP6
Opinion-Flash

JOE RINES,                      
v.
MAHLE, INC. and ROYAL INSURANCE COMPANY,            
and                     
SUE ANN HEAD, DIRECTOR, DIVISION OF WORKERS' COMPENSATION, TENNESSEE
DEPARTMENT OF LABOR,

Court:TSC - Workers Comp Panel

For the Appellant :     For the Appellee--      For the Appellee--
                        Mahle, Inc. and Royal   Second Injury Fund:
Richard Baker           Insurance Company:
Gilreath & Associates                           Charles Burson
P.O. Box 1270           Thomas L. Kilday        Atty. General & Reporter
550 Main Ave., Ste.     600 Milligan & Coleman  Dianne Stamey Dycus
Knoxville, TN 37901     Nationsbank Bldg.       Asst. Attorney General  
                        Ste. 301                1510 Parkway Towers
                        109 S. Main St.         404 James Robertson Pk.
                        Greeneville, TN  37744  Nashville, TN 37243-0499
                         
Judge: INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. This appeal
results from the refusal of the trial court to modify a judgment
entered April 20, 1993 that the employee sustained no permanent
disability as a result of a job-related injury in 1990 but was
entitled to future medical expenses associated with any spinal fusion
he elected to undergo.

URL:http://www.tba.org/tba_files/TSC_WCP/RINES_OPN.WP6

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