TBALink Opinion-Flash

December 6, 1996 -- Volume #2 -- Number #111

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:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
06-New Opinons From TCA
03-New Opinons From TCCA

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George Dean
TBALink Chief Editor


CAROLYN S. TODD 
vs.
ST. PAUL FIRE AND MARINE INS. COMPANY

Court:TSC - Workers Comp Panel

For Appellant:                   For Appellee:
Marianna Williams                Steve Taylor
Ashley, Ashley & Arnold          Memphis, Tennessee
Dyersburg, Tennessee

Judge: Loser

First Paragraph:

In this appeal, the employer's insurer contends (1) benefits should be
denied because of a false application for employment, (2) the trial
court erred in awarding medical expenses not authorized by it, (3) the
trial court erred in awarding temporary total disability benefits from
the date of the injury until September 13, 1993 and (4) the award of
medical benefits based on ten percent permanent partial disability to
the body as a whole is excessive.  The employee contends the award of
permanent partial disability benefits is inadequate.  As discussed
below, the panel has concluded the award of temporary total disability
benefits should be modified and the judgment otherwise affirmed.

URL:http://www.tba.org/tba_files/TSC_WCP/TODDCS_OPN.WP6AME
Opinion-Flash

AT? COMMUNICATIONS OF THE SOUTH CENTRAL STATES, INC.
vs.     
H. LYNN GREER, Chairman, SARA KYLE, Director, and MELVIN J. MALONE,
Director, Constituting the Tennessee Regulatory Authority

Concurring Opinion

Court:TCA

ATTY FOR PETITIONER/APPELLANT       ATTY FOR RESPONDENTS/APPELLEES 
VAL SANFORD                         CHARLES W. BURSON
JOHN KNOX WALKUP                    Attorney General and Reporter
Gullett, Sanford, Robinson & Martin
P. O. Box 198888                    JONATHAN D. SHELL
Nashville, Tennessee 37219-8888     Assistant Attorney General
                                    Tax Division
                                    404 James Robertson Pkwy
                                    Nashville, Tennessee  37243-0489

Judge: LEWIS

First Paragraph:

This is an appeal by petitioner/appellant, AT? Communications of the
South Central States, Inc. ("AT?"), from the decision of the
Tennessee Public Service Commission ("TPSC") to implement a price
regulation plan for United Telephone Southeast, Inc. ("UTS").  AT?
claims that TPSC failed to follow the proper standards and procedures
when it addressed the application of UTS to elect a price regulation
plan pursuant to Tennessee Code Annotated section 65-5-209. DISMISSED
AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/AT?_OPN.WP6
URL:http://www.tba.org/tba_files/TCA/AT?_CON.WP6
Opinion-Flash

CHARLES E. GREER
VS. 
CORRECTIONS CORPORATION OF AMERICA, et al.

Court:TCA

Pro Se/Plaintiff/Appellant          Attys for Defendants/Appellees                        
CHARLES E. GREER, #003208           TOM ANDERSON
South Central Correctional Center   FRANKIE K. STANFILL
P. O. Box 279, X-D109               P. O. Box 900
Clifton, Tennessee 38425-0279       Lexington, Tennessee 38351

Judge: CANTRELL

First Paragraph:

An inmate in a Tennessee prison operated by Corrections Corporation of
America filed a complaint which alleged that prison guards employed by
the corrections company had converted his personal property.  The
chancery court dismissed his complaint for failure to state a claim
upon which relief can be granted. We reverse and reinstate the
complaint.

URL:http://www.tba.org/tba_files/TCA/GREERC_OPN.WP6
Opinion-Flash

KNOTT'S WHOLESALE FOODS, INC.
vs. 
BILLY L. AZBELL and J & R FOODS, INC. 

Court:TCA

For the Plaintiff/Appellee:         For the Defendants/Appellants:
William R. Neese                    Lawrence D. Wilson
Dresden, Tennessee                  Nashville, Tennessee
                           
Doyle E. Richardson                 Kline Preston
Manchester, Tennessee               Nashville, Tennessee
                   
                                    John H. Norton, III
                                    Shelbyville, Tennessee                         

Judge: LILLARD

First Paragraph:

In this case, Defendant Billy Azbell (Azbell) appeals the trial
court's order granting summary judgment in favor of Plaintiff Knott's
Wholesale Foods, Inc. (Knott's), finding that Azbell breached his
fiduciary duty of loyalty as an employee.  The trial court issued
injunctive relief against Azbell and subsequently found that Azbell
and defendant J & R Foods (J & R) engaged in a civil conspiracy to
circumvent the injunction. Injunctive relief was issued against Azbell
and  J & R, and both defendants were held liable for compensatory
damages, punitive damages, and attorneys' fees.    Azbell and J & R
appeal.  We affirm in part and reverse in part.

URL:http://www.tba.org/tba_files/TCA/KNOTTSF_OPN.WP6
Opinion-Flash

LOUIS A. McREDMOND, PATRICK J. McREDMOND, JR., and MONICA McREDMOND
TERRY, on behalf of ELK BRAND MANUFACTURING COMPANY, VS. ANDREW
MARIANELLI, WALTER MARIANELLI DAVID MANNING, EDWIN S. PYLE, GORDON
FERRAGINA, MILANO CORPORATION, AND ELK BRAND MANUFACTURING
COMPANY

Court:TCA

ATTYS FOR PLAINTIFFS/APPELLANTS     ATTORNEYS FOR DEFENDANT/APPELLEE 
Kenneth R. Jones                    Jon D. Ross
SHERRARD AND ROE                    Philip N. Elbert
Nashville, Tennessee                John A. Coates
                                    NEAL & HARWELL
CYRUS L. BOOKER                     Nashville, Tennessee 37219
Nashville, Tennessee

John P. Branham
BRANHAM & DAY
Nashville, Tennessee

First Paragraph:

The captioned plaintiffs have appealed from a summary judgment
dismissing their suit against the captioned defendants.

URL:http://www.tba.org/tba_files/TCA/MCREDMN_OPN.WP6
Opinion-Flash

NASHVILLE PAINTING CORP. 
vs. RAY BELL CONSTRUCTION CO., INC., and INSURANCE COMPANY OF NORTH
AMERICA

Court:TCA                          

Judge: HIGHERS

First Paragraph:

On August 21, 1996, the Court entered its opinion in this matter.  The
opinion affirmed the trial court's judgment.  Appellants timely filed
a petition for rehearing on September 3, 1996.  In their petition,
Appellants assert, inter alia, that the Court misstated or overlooked
two material facts in this case.  

URL:http://www.tba.org/tba_files/TCA/RAYBELL_ORD.WP6
Opinion-Flash

DIXIE MILLBURN SELBY
vs. 
LANDON SELBY

Dissenting Opinion

Court:TCA
ATTORNEY FOR PLAINTIFF/APPELLEE     ATTORNEY FOR DEFENDANT/APPELLANT
DAVID W. GARRETT                    TERRY A. FANN
214 Second Avenue, North            Waldron and Fann
Suite 103                           202 West Main Street
Nashville, Tennessee  37201         Murfreesboro, Tennessee  37130

Judge: LEWIS

First Paragraph:

This is an appeal by defendant/appellant, Landon Selby, from a
decision of the chancery court which granted appellant and
plaintiff/appellee, Dixie Millburn Selby, a divorce and distributed
the parties' marital and separate assets. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/SELBYL_OPN.WP6
URL:http://www.tba.org/tba_files/TCA/SELBYL_DIS.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
RANDY COTHAM

Court:TCCA

For the Appellant:              For the Appellee:
Shipp R. Weems                  Charles W. Burson
District Public Defender        Attorney General and Reporter
    
Robert H. Stovall, Jr.          Mary Ann Queen
Asst. Public Defender           Legal Assistant
P. O. Box 160
Charlotte, TN  37036            Charlotte H. Rappuhn
                                Assistant Attorney General                      
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Dan Mitchum Alsobrooks
                                District Attorney General

                                George C. Sexton
                                Asst. District Attorney General
                                Humphreys County Courthouse
                                Waverly, TN  37185                        

Judge: HAYES

First Paragraph:

On February 28, 1995, the appellant, Randy Cotham, was convicted by a
Humphreys County jury of attempted voluntary manslaughter, a class D
felony.  Tenn. Code Ann. S 39-13-211 (1991); Tenn. Code Ann. S
39-12-101(a)(3) (1991).  The trial court sentenced the appellant as a
multiple, range II offender to eight (8) years imprisonment in the
Tennessee Department of Correction, the maximum authorized punishment.
Tenn. Code Ann. S 40-35-112(4) (1990).  On appeal, the appellant
contends that his sentence is excessive. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/COTHAM_OPN.WP6
Opinion-Flash

THOMAS HEBRON
vs.
STATE OF TENNESSEE

Court:TCCA

For the Appellant:              For the Appellee:
Greg W. Eichelman               Charles W. Burson
District Public Defender        Attorney General and Reporter
    
Larry D. Drolsum                Cyril V. Fraser
Asst. Public Defender           Assistant Attorney General                       
P. O. Box 68                    Criminal Justice Division                           
Franklin, TN  37065             450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Joseph D. Baugh, Jr.
                                District Attorney General

                                Ronald Davis
                                Asst. District Attorney General
                                P. O. Box 937
                                Franklin, Tn  37065

Judge: HAYES

First Paragraph:

The appellant, Thomas Hebron, appeals the dismissal by the trial court
of his "Petition for Habeas Corpus/Petition for Post-Conviction
Relief."  The appellant is currently serving a sentence of life
imprisonment pursuant to a conviction on August 24, 1984, for first
degree murder. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/HEBRONT2_OPN.WP6
Opinion-Flash

DAVID N. KUNTZ
VS.
STATE OF TENNESSEE

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:
DAVID BORDENKIRCHER                 CHARLES W. BURSON
3221 Nolensville Rd., Ste. 207      Attorney General & Reporter
Nashville, TN   37211
     (On Appeal)                    EUGENE J. HONEA
                                    Asst. Attorney General
R. N. (BO) TAYLOR                   450 James Robertson Pkwy.      
211 Donelson Pike, Ste. 2           Nashville, TN  37243-0493
P.O. Box 148058         
Nashville, TN   37214               VICTOR S. JOHNSON, III
    (At Hearing)                    District Attorney General

                                    KYMBERLY HAAS
                                    Asst. District Attorney General                             
                                    222 Second Ave. N.
                                    Nashville, TN  37201                         

Judge: PEAY

First Paragraph:

The defendant was convicted in 1972 of two armed robberies and
sentenced to consecutive terms of twelve and fifteen years.  In 1973,
he escaped from prison.  In 1982, he was arrested in Nebraska, and in
1983 he pled guilty in Tennessee to escape and was sentenced to a one
year term.  He was subsequently returned to Nebraska for service of
that state's sentence.  In 1990, he was paroled from his Nebraska
sentence and returned to Tennessee.  In April 1990, he filed a pro se
"Petition For Post-Conviction or Writ of Habeas Corpus" which was
denied.  This denial was affirmed by this Court on direct appeal.
AFFIRMED.

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

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