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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
- 01-New Opinons From TSC
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WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
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
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
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
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
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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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: