TBALink Opinion-Flash

November 27, 1996 -- Volume #2 -- Number #107

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
10-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
03-New Opinons From TCCA

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TBALink Chief Editor


PHYLLIS KNOPP AND HUSBAND, ROBERT KNOPP 
vs.                      
AMERICAN AIRLINES, INC., INTERNATIONAL TOTAL SERVICES, INC., AND JAMES
DAVIDSON, JR.

Court:TSC

For Plaintiffs-Appellees:       For Defendants-Appellants:

Frank C. Ingraham               Kenneth A. Weber
Nashville                       James M. Doran, Jr.
                                Manier, Herod, Hollabaugh & Smith
                                Nashville

                                Tyree Harris, IV
                                Lewis, King, Krieg, Waldrop & Catron
                                Nashville

                                Katherine A. Brown
                                Baker, Donelson, Bearman & Caldwell
                                Nashville                          

Judge: REID

First Paragraph:

This case presents for review the decision of the Court of Appeals
holding that the plaintiffs' state common- law negligence and contract
claims, based on the allegation that the defendants failed to properly
assist the plaintiff Phyllis Knopp while she was changing planes in
Nashville, are not preempted by the Federal Airline Deregulation Act
of 1978 ("ADA"), 49 U.S.C. App. S 1301 et seq. The trial court had
held that the ADA preempted the claims and granted the defendants'
motion for summary judgment dismissing the suit as to all defendants. 
The decision of the Court of Appeals reversing the judgment entered in
the trial court is affirmed.

URL:http://www.tba.org/tba_files/TSC/knoppaa_opn.WP6
Opinion-Flash
REBECCA CALDWELL 
vs.
KELLY SERVICES, INC
CONTINENTAL CASUALTY COMPANY

Court:TSC - Workers Comp Panel

For Appellant:                      For Appellee:

Linda J. Hamilton Mowles            Myers N. Massengill
Lewis, King, Krieg & Waldrop        Massengill, Caldwell, Hyder & Bunn
Knoxville, Tennessee                Bristol, 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.  The employer contends the
evidence preponderates against an award of permanent partial
disability benefits.  The panel concludes the award of permanent
partial benefits should be reversed.

URL:http://www.tba.org/tba_files/TSC_WCP/caldvkel_doc.WP6
Opinion-Flash
TERRY CAMPBELL
vs.
OLD REPUBLIC INSURANCE COMPANY 

Court:TSC - Workers Comp Panel

FOR APPELLANT:                          FOR APPELLEE:

RICHARD D. MOORE                        STEPHEN T. GREER       
LAVING, MATTSON, ORR & GERACIOTI        P. O. Box 158   
P. O. Box 190683                        Dunlap, TN 37327      
Nashville, TN 37219-0683                        

Judge: RUSSELL

First Paragraph:

This appeal from the judgment of the trial court in a workers'
compensation case has been referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court in accordance with
Tennessee Code Annotated Section 50-6-225 (e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.

We have carefully reviewed all of the evidence and find that the trial
judge's factual findings are adequately supported.

We do not find the complaints regarding Dr. Redish's testimony to rise
to the lever of untrustworthiness, rendering his opinions
inadmissible; nor is the weight of his testimony substantially
diminished by the criticisms relied upon.

The single issue before us is without merit.  The judgment of the
trial court is affirmed.  Costs are assessed to the appellant.  The
case is remanded for all necessary purposes.

URL:http://www.tba.org/tba_files/TSC_WCP/campbe27_opn.WP6
Opinion-Flash
ROBERT DENNIS DAVIDSON
vs.
LOWE'S HOME CENTER, INC.

Court:TSC - Workers Comp Panel

For Appellant:                  For Appellee:

J. Frank Thomas, II             Richard T. Matthews
Leitner, Warner, Moffitt,       Matthews & Tisher
Williams, Dooley, Carpenter     Columbia, TN
& Napolitan             
Nashville, TN
                
Judge: GAYDEN

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. S50-6-225(e)(3) for hearing and reporting of
findings of fact and conclusions of law.  In this appeal, the
defendant contends that the trial court erred in applying the six
times the medical impairment rating cap to the returning claimant's
award of permanent partial disability benefits. The trial court
utilized the six times the medical impairment rating cap (hereafter
the "six times cap")rather than two and one-half times the medical
impairment rating cap (hereafter the "two and one-half times cap"). 
In addition, the defendant contends the trial court's final anatomical
rating was excessive.  The defendant also contests the trial court's
lump sum award of benefits. The panel concludes that the award should
be governed by the two and one-half times cap and reduces the
anatomical rating; however, the panel affirms the lump sum award.

URL:http://www.tba.org/tba_files/TSC_WCP/davids27_opn.WP6
Opinion-Flash
AMY FERRELL
vs.                          
ROBINSON MANUFACTURING COMPANY and ARGONAUT INSURANCE COMPANY

Court:TSC - Workers Comp Panel

FOR APPELLANTS:                         FOR APPELLEE:

H. RICHARD MARCUS                       JAMES F. CONLEY        
CYNTHIA D. HALL                         111 West Grundy Street
800 Vine Street                         P. O. Box 176          
Chattanooga, TN 37403                   Tullahoma, TN 37388                        

Judge: RUSSELL

First Paragraph:

This appeal from the judgment of the trial court in a workers'
compensation case has been referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court in accordance with
Tennessee Code Annotated Section 50-6-225 (e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.

It is ordered that the Panel's findings of fact and conclusions of law
are adopted and affirmed, and the decision of the Panel is made the
judgment of the Court.

URL:http://www.tba.org/tba_files/TSC_WCP/ferrel27_opn.WP6
Opinion-Flash
ANNE H. LAWRENCE
vs.            
L.M. BERRY COMPANY and ITT HARTFORD INSURANCE COMPANY 

Court:TSC - Workers Comp Panel

FOR APPELLANT:                    FOR APPELLEES:

D. RUSSELL THOMAS                 GUILFORD F. THORTON, JR.
218 W. Main Street, Suite One     Third National Financial Center 
Murfreesboro, TN 37130            424 Church Street, 28th Floor
                                  Nashville, TN 37219-2386

                                  JULIA J. TATE
                                  150 Second Ave. No., Suite 201
                                  Nashville, TN 37201
                         
Judge:  RUSSELL

First Paragraph:

This appeal from the judgment of the trial court in a workers'
compensation case has been referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court in accordance with
Tennessee Code Annotated Section 50-6-225 (e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.

We hold that the trial judge's findings of fact are well supported and
not contrary to the weight of the evidence; and that the trial judge
did not err in denying the Rule 60.02 motion, as fraud was not proved.

URL:http://www.tba.org/tba_files/TSC_WCP/lawren27_opn.WP6
Opinion-Flash
PHILLIP L. PYRDUM   
VS.
TELEDYNE SYSTEMS COMPANY, INC., TELEDYNE LEWISBURG

Court:TSC - Workers Comp Panel

FOR APPELLANTS:                     FOR APPELLEE:  
William M. Billips                  Barbara G. Medley
Ortale, Kelley, Herbert & Crawford  Bussart & Medley
200 Fourth Avenue, North            101 West Commerce
Third Floor - Noel Place            Suite 306
Post Office Box 198985              Lewisburg, TN 37091
Nashvillhttp://www.tba.org/tba_files/TSC_WCP/pyrdum27_opn.WP6
Opinion-Flash
ALVA MARIE REYNOLDS
VS. 
WAL-MART STORES, INC.

Court:TSC - Workers Comp Panel

For Appellant:                      For Appellee:

Joseph M. Dalton                    G. David Allen, Jr.
Nashville, Tennessee                Leitner, Warner, Moffitt,                                   Williams, Dooley, Carpenter &                               Napolitan
                                    Chattannoga, TN  37402                         

Judge: CLARK

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated Section 50-6-225 (e)(3) for hearing and
reporting findings of fact and conclusions of law to the Supreme
Court.  Alva Marie Reynolds, the plaintiff-employee, appeals the
decision of the Coffee County Chancery Court denying her relief on her
worker's compensation claim.  On appeal, the sole issue is whether the
trial court erred in finding that the plaintiff failed to carry the
burden of proving that she sustained an injury arising out of her
employment.  The trial court found plaintiff's injury was the result
of a pre-existing idiopathic condition.

URL:http://www.tba.org/tba_files/TSC_WCP/reynol27_opn.WP6
Opinion-Flash
DORIS TABOR 
vs.
CROSSVILLE CERAMICS COMPANY, and CNA INSURANCE COMPANIES

Court:TSC - Workers Comp Panel

For the Appellants:             For the Appellee:

Michael J. Mollenhour           John T. March
J. Christopher Clem             DAVID H. DUNAWAY & ASSOCIATES
LEWIS, KING, KRIEG, WALDROP     P. O. Box 231
    & CATRON, P.C.              LaFollette, TN 37766
One Centre Square
620 Market Street, Fifth Floor
P. O. Box 2425
Knoxville, TN 37901                          

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. As modified,
the judgment is affirmed.


URL:http://www.tba.org/tba_files/TSC_WCP/tabor27_wc.WP6
Opinion-Flash
ERNEST O. WOOD 
vs.                                                     
ALUMINUM CORPORATION OF AMERICA

Court:TSC - Workers Comp Panel

For Appellant:                  Appellee:

Charles Watson Cross            Donelson M. Leake
Cross & Sir                     Robert L. Bowman
Nashville, Tennessee            Kramer, Rayson, Leake, Rodgers 
                                & Morgan
                                Knoxville, 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.  Fairly stated, the issues
in this appeal are whether the employee should have been awarded
permanent partial disability benefits and additional temporary total
disability benefits.  The panel has concluded the judgment should be
affirmed.

URL:http://www.tba.org/tba_files/TSC_WCP/woovalu_doc.WP6
Opinion-Flash
WILLIAM O. WORLEY, JR.
vs.
TECUMSEH PROCourt:TSC - Workers Comp Panel

For the Appellant:              For the Appellee:

Lester Austin                   Stephen Greer
Keith Davis                     P. O. Box 758
P. O. Box 666                   Dunlap, Tennessee 37327
Dunlap, Tennessee 37327         (423) 949-3621
(423) 949-4159
                        
Judge: CHILDERS

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 judgment
of the trial court is affirmed.  Costs are assessed to
Defendants/Appellants.  We remand the case to the trial court for the
entry of any order necessary to carry out this judgment.

URL:http://www.tba.org/tba_files/TSC_WCP/worley27_opn.WP6
Opinion-Flash
CITY STATE BANK and THE BANK OF SHARON
vs.                     
DEAN WITTER REYNOLDS, INC., a Delaware Corporation, and HANK FRANCK,            

Court:TCA

First Paragraph:

Defendants have filed a petition to rehear which, after due
consideration, is respectfully denied.

URL:http://www.tba.org/tba_files/TCA/city27_ord.WP6
Opinion-Flash
BRENDA BAILEY LOYD
vs.                     
WENDELL RAY LOYD
    
Court:TCA

For the Plaintiff/Appellant:            For the Defendant/Appellee:

Mary Jo Middlebrooks                    Wendell Ray Loyd, Pro Se
Jackson, Tennessee                      Jackson, Tennessee                            

Judge:  LILLARD

First Paragraph:

This case involves contempt proceedings brought against Wendell Ray
Loyd ("Husband") by Brenda Bailey Loyd ("Ex-Wife") for failure to pay
alimony.  The trial court found that Husband did not have the present
ability to pay and therefore could not be incarcerated for contempt. 
We reverse and remand for further proceedings.

URL:http://www.tba.org/tba_files/TCA/loyd27.WP6
Opinion-Flash
STATE OF TENNESSEE
VS.                 
CARLOS L. ACEVEDO

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

R. TODD HANSROTE            CHARLES W. BURSON
First Union Bank Building   Attorney General and Reporter
Fourth Floor, Suite 431
Clarksville, TN 37040       TIMOTHY F. BEHAN
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            VICTOR S. JOHNSON
                            District Attorney General

                            JON SEABORG
                            Assistant District Attorney General
                            Washington Square, Suite 500
                            222 Second Avenue North
                            Nashville, TN 37201-1649
                         
Judge: WELLES

First Paragraph:

This is an appeal pursuant to Rule 3(b) of the Tennessee Rules of
Appellate Procedure and Rule 37(b)(2)(i) of the Tennessee Rules of
Criminal Procedure. The Defendant pleaded nolo contendere to one
count of possession of cocaine with intent to deliver and to one count
of possession of marijuana. In his petition to enter the plea, the
Defendant noted that he and the State had explicitly agreed to certify
a dispositive question of law concerning the validity of the search
which resulted in his convictions. He was sentenced as a Range I
Standard Offender to eight (8) years for the cocaine conviction and to
eleven months and twenty-nine days at thirty percent (30%) for the
marijuana conviction, with the sentences to run concurrently. In this
appeal, the Defendant contends that the search which produced the
evidence supporting his convictions was unlawful and that the trial
court erred in denying him probation. We conclude that the
Defendant's issues lack merit. His convictions and sentences are
therefore affirmed.

URL:http://www.tba.org/tba_files/TCCA/aceved1_opn.WP6
Opinion-Flash
STATE OF TENNESSEE
vs.
WILLIAM T. COWART

Court:TCCA

For the Appellant:              For the Appellee:

William Carter Conway           Charles W. Burson
Attorney at Law                 Attorney General and Reporter
236 Court Square, Suite 205 
Franklin, TN  37064             Renee F. Videlefsky
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Dan Mitchum Alsobrooks
                                District Attorney General
                                
                                Robert Wilson
                                Asst. District Attorney General
                                Post Office Box 580
                                Charlotte, TN  37036                         

Judge: HAYES

First Paragraph:

The appellant, William Thomas Cowart, appeals the judgment of the
Circuit Court of Dickson County finding him guilty of theft over $500,
a class E felony.  The appellant presents two issues on appeal:  (1)
whether the evidence sufficiently supports his conviction for theft
over $500, and (2) whether the evidence supports the trial court's
order of restitution. After a review of the record, we affirm the
judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/cowart1_opn.WP6
Opinion-Flash
STATE OF TENNESSEE
VS.
RICKY L. KELLY

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

THOMAS R. MEEKS             CHARLES W. BURSON
137 Franklin Street         Attorney General and Reporter
Clarksville, TN 37042
                            KAREN M. YACUZZO
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493
                            
                            JOHN CARNEY
                            District Attorney General
                            
                            WILLIAM CLOUD
                            Assistant District Attorney General
                            204 Franklin Street
                            Suite 200
                            Clarksville, TN 37040
                       
Judge: WELLES

First Paragraph:

This is a direct appeal from a guilty plea pursuant to Rule 37(b)(2)
of the Tennessee Rules of Criminal Procedure.  In his plea agreement,
the Defendant pleaded guilty to possession of cocaine for resale, a
Class B Felony.  He expressly reserved a certified question of law
that is dispositive of the case.  The certified question originates
from the trial court's denial of a motion to suppress evidence
obtained from a search of the Defendant's automobile.  We affirm the
ruling of the trial court.

URL:http://www.tba.org/tba_files/TCCA/kelly17_opn.WP6

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