TBALink Opinion-Flash

December 19, 1996 -- Volume #2 -- Number #119

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
07-New Opinons From TSC-Workers Comp Panel
11-New Opinons From TCA
02-New Opinons From TCCA

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TBALink Chief Editor


RICHARD CALDWELL
vs. 
ACTIVATED METALS & CHEMICALS, INC., et al.,

Court:TSC - Workers Comp Panel

    For the Appellants:             For the Appellee: 
Daryl R. Fansler                Gregory F. Vines
Fansler & Williams              Butler, Vines & Babb
P.O. Box 2644                   800 First American Ctr.
Knoxville, TN  37901            507 S. Gay St.
                                P.O. Box 2649.
                                Knoxville, TN 37901
Judge: BYERS

First Paragraph:

The trial court awarded plaintiff 35% permanent partial disability to
the body as a whole.  Defendant challenges the trial court's finding
that plaintiff's impairment arose out of a work-related injury and the
trial court's consideration of the testimony of the plaintiff's expert
witness. AFFIRMED AND REMANDED.

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

TIMOTHY CRABTREE
vs. 
APAC TENNESSEE, INC.

Court:TSC - Workers Comp Panel

    For the Appellant:              For the Appellee: 
Janet L. Hogan                  Perry H. Windle, III
Hogan & Hogan                   6322 Papermill Rd., Ste. C
620 W. Hill Ave.                P.O. Box 51545.
Knoxville, TN  37902            Knoxville, TN 37901                          

Judge: BYERS

First Paragraph:

The trial judge found the plaintiff had sustained an injury to his
knee and back arising out of and in the course of his employment with
the defendant.  The trial court awarded the plaintiff 30% permanent
partial disability to the leg as a result of the knee injury and 25%
permanent partial disability to the body as a whole as a result of the
back injury. AFFIRMED AND REMANDED.

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

WESLEY EDDINS, SR.
vs. 
NORTH AMERICAN RAYON CORPORATION

Court:TSC - Workers Comp Panel

    For the Appellants:             For the Appellee:
W. Shawn McDaniel               Howell H. Sherrod, Jr.
The Anderson Firm               249 East Main Street
415 Broad Street                Johnson City, TN 37604-5707
P. O. Box Drawer 88
Kingsport, TN 37662-0088                          

Judge: THAYER

First Paragraph:

The employer, North American Rayon Corporation, has appealed from the
trial court's award of permanent disability benefits to plaintiff,
Wesley Eddins, Sr.  The Chancellor fixed the award at 45% to the body
as a whole. Two issues are presented on appeal.  First, the employer
contends the trial court was in error in allowing temporary total
disability benefits.  Second, it is argued plaintiff did not incur any
permanent disability as a result of the alleged work-related injury.
AFFIRMED.

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

FIREMAN'S FUND INSURANCE COMPANY 
vs.
TAYLOR BARTON MILLS

Court:TSC - Workers Comp Panel

    For Appellant:                      For Appellee:
Sherman Ames                         David N. Wedeking
Gillenwater, Nichol & Ames           Amy V. Hollars
Knoxville, Tennessee                 Hodges, Doughty & Carson
                                     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.  In this appeal, the
employee contends the evidence preponderates against the trial court's
finding that his injury was caused by intoxication.  The panel
concludes the judgment should be reversed.

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

JOHNNY OWNBY
vs.     
NATIONAL AMERICAN INSURANCE COMPANY

Court:TSC - Workers Comp Panel

    For the Appellant:                  For the Appellee: 
Rockforde D. King                   Robert L. Ogle, Jr.
Egerton, McAfee, Armistead          Ogle & Wallace, P.C.
& Davis, P.C.                       121 Court Ave.
500 First American Ctr.             Sevierville, TN  37862
507 S. Gay St.
Knoxville, TN 37901                        

Judge: BYERS

First Paragraph:

The trial court awarded plaintiff 48% permanent partial disability to
the body as a whole at a compensation rate of $266.66 per week. 
Defendant challenges the amount of disability awarded, the
compensation rate applied and certain discretionary costs awarded.
AFFIRMED AS MODIFIED AND REMANDED.

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

THERESA WEBB
vs. 
THE QUAKER OATS COMPANY

Court:TSC - Workers Comp Panel

    FOR APPELLANT:                      FOR APPELLEE:
P. Allen Phillips                   Lewis L. Cobb
106 S. Liberty Street               Elks Building
P.O. Box 7261205                    P. O. Box 2004
Jackson, Tennessee 38301            Jackson, Tennessee 38302                         

Judge: TATUM

First Paragraph:

In the first issue, the defendant/appellant, Quaker Oats Company,
states that the trial court erred in awarding permanent partial
disability benefits to the body as a whole rather than the scheduled
members allegedly injured - the arms.  As will hereinafter be shown,
the injury in this case consisted of carpel tunnel syndrome to each of
plaintiff-employee's arms. MODIFIED.

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

PATRICIA D. WOODWARD
vs.
AMERICAN GENERAL LIFE & ACCIDENT INSURANCE COMPANY

Court:TSC - Workers Comp Panel

    For Appellant:                      For Appellee:
Donald F. Mason, Jr.                Walter O. Waddey
D. Bruce Shine                      Kingsport, Tennessee
Shine & Mason
Kingsport, Tennessee                          

Judge: LOSER

First Paragraph:

In this appeal, the employee or claimant, Woodward, contends the
evidence preponderates against the trial court's finding that her
fibromyalgia was not causally related to her injury.  The panel
concludes the judgment should be affirmed.

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

ROBIN M. COLE
vs.
DONAL CAMPBELL

DISSENTING OPINION

Court:TCA

ROBIN M. COLE, Pro Se
W.T.H.S.F. Unit 6
Route 2, Green's Chapel Road
Henning, Tennessee  38041-1050

CHARLES W. BURSON
Attorney General & Reporter 

PATRICIA C. KUSSMANN
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee  37243
    ATTORNEYS FOR RESPONDENTS/APPELLEES                         

Judge: LEWIS

First Paragraph:

Petitioner/appellant, Robin M. Cole, appealed from the judgment of the
trial court granting the motion to dismiss of respondents/appellees,
Donal Campbell, et al.  The chancery court found that petitioner, a
convicted felon, lacked standing to bring an action under section
10-7-503 of the Public Records Act. AFFIRMED AND REMANDED.

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

ALLEN D. CURTIS and CAROLYN JUNE CURTIS
vs.     
WILLIAM M. RICE, and RICE & PAPUCHIS CONSTRUCTION COMPANY, INC.

Court:TCA

JERRY C. SHELTON
Lyell, Seaman & Shelton
611 Commerce Street, Suite 2704
Nashville, Tennessee  37203
    ATTORNEY FOR PLAINTIFF/APPELLANT

CLINTON L. KELLY
Kelly and Kelly
629 East Main Street
Hendersonville, Tennessee  37075
    ATTORNEY FOR INTERVENING PLAINTIFF/APPELLANT

JAMES C. BRADSHAW, III
Wyatt, Tarrant & Combs
313 East Main Street, Suite 1
Hendersonville, Tennessee  37075
    ATTORNEY FOR DEFENDANTS/APPELLEES                        

Judge: LEWIS

First Paragraph:

This is an appeal by plaintiffs/appellants, Allen D. Curtis and his
wife, Carolyn June Curtis, from a decision of the chancery court which
dissolved the partnership formed between Curtis and
defendant/appellee, William M. Rice, and which distributed the
partnership's assets. REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/CURTISAD2_OPN.WP6
Opinion-Flash

JENNIE A. DEWEES
VS. 
SEAN SWEENEY

Court:TCA

TERRY R. CLAYTON
176 2nd Avenue North, Suite 300
Nashville, Tennessee 37201
    Attorney for Plaintiff/Appellant

MICHAEL J. VETTER
BREWER, KRAUSE, BROOKS & MILLS
Suite 2600, The Tower
611 Commerce Street
Nashville, Tennessee 37203                          

Judge: CANTRELL

First Paragraph:

In this slip and fall case brought by a tenant against her landlord,
the trial court granted the landlord's motion for partial summary
judgment, and directed entry of the judgment as a final order,
pursuant to Rule 54.02, Tenn. R. Civ. P.  The tenant failed to file a
Notice of Appeal within thirty days of the entry of the final order,
as is required by Rule 4(a), Tenn. R. App. P. DISMISSED AND REMANDED.

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

William A. Hall and Beef Transport, Inc.
vs. 
and Richard N. Hall and William A. Hall, derivatively on behalf of
Tennessee Dressed Beef Co.
vs.             
Richard N. Hall

Court:TCA

JEFFERY A. GREENE
ALVIN L. HARRIS
Greene & Greene
P.O. Box 198768
323 Union Street
Nashville, Tennessee 37219-8768
    ATTORNEYS FOR PLAINTIFFS/APPELLANTS

JOHN S. HICKS
DARWIN A. HINDMAN III
Baker, Donelson, Bearman & Caldwell
A Professional Corporation
1700 Nashville City Center
511 Union Street
Nashville, Tennessee 37219
    ATTORNEYS FOR DEFENDANTS/APPELLEES                       

Judge: LEWIS

First Paragraph:

This is an appeal by plaintiffs/appellants, William A. Hall and Beef
Transport, Inc. ("BTI"), from an order of the chancery court granting
summary judgment in favor of defendants/appellees, Richard A. Hall and
Tennessee Dressed Beef Company ("TDBC"). AFFIRMED IN PART,
REVERSED IN PART, AND REMANDED.

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

JERSEY MINIERE ZINC division of Union Zinc, Inc.
VS. 
GENERAL STEEL CONTRACTORS, INC.

Court:TCA

DAN L. NOLAN
121 South Third Street
Clarksville, TN 37040
ATTORNEY FOR PLAINTIFF/APPELLEE

ROBERT ORR, JR.
210 Third Avenue North
Nashville, TN 37219-0683
ATTORNEY FOR DEFENDANT/APPELLANT                        

Judge: TODD

First Paragraph:

The defendant, General Steel Contractors, Inc., has appealed from a
non-jury judgment in favor of the plaintiff, Jersey Miniere Zinc Inc.,
division of Union Zinc, Inc., in the amount of $164,096.18 for cost of
repairs and consequential loss of profits from interruption of
production by negligence of employees of defendant. The only issue on
appeal is the amount of damages due plaintiff. MODIFIED, AFFIRMED AND
REMANDED.

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

JAMES DANIEL KISH
vs.     
LISA MARIE (KISH) SALLAJ
and 
MELVIN L. BESS, SR.

Court:TCA

RANDLE W. HILL, JR.
Roehrig & Associates, P.C.
Suite 112, 4343 Lebanon Road
Hermitage, Tennessee 37076
ATTORNEY FOR JAMES DANIEL KISH

STEPHEN CROFFORD                    MARY ANN REESE
Cummins Station, Suite 511          Suite 2420
209 10th Avenue South               Nashville City Center 
Nashville, Tennessee 37023          511 Union Street
ATTORNEY FOR MELVIN L. BESS, SR.    Nashville, Tennessee 37219
                                    ATTORNEY FOR LISA SALLAJ

PATRICIA MAYES                      SOPHIA CRAWFORD
227 Second Avenue North             Suite 1800 Parkway Towers
Nashville, Tennessee 37201          404 James Robertson Parkway
ATTORNEY FOR JAMES KISH             Nashville, Tennessee 37219
                                    GUARDIAN AD LITEM                         

Judge: LEWIS

First Paragraph:

This is an appeal by respondent/appellant, Lisa Marie (Kish) Sallaj,
from a decision of the probate court which, in part, awarded custody
of Mrs. Sallaj's daughter, Heather Marie Kish, to petitioner/appellee,
James Daniel Kish.  In addition, Mrs. Sallaj's father and intervening
petitioner/appellant, Melvin L. Bess, appeals the trial court's
decision with respect to his granddaughter. AFFIRMED AND REMANDED.

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

WANDA GARNETT MARKHAM
vs. 
CITY OF JOHNSON CITY, d/b/a JOHNSON CITY TRANSIT

Court:TCA

HOWARD R. DUNBAR OF JOHNSON CITY FOR APPELLANT
JOHN RAMBO OF JOHNSON CITY FOR APPELLEE                        

Judge: GODDARD

First Paragraph:

This is a non-jury case wherein Wanda Garnett Markham appeals a
judgment rendered in her favor against City of Johnson City, d/b/a
Johnson City Transit, in the amount of $3000. AFFIRMED AS MODIFIED and
REMANDED.

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

ORLANDO RESIDENCE, LTD.     
VS.  
NASHVILLE LODGING COMPANY, NASHVILLE RESIDENCE CORP.
and KENNETH E. NELSON

METRIC PARTNERS GROWTH SUITE INVESTORS, L.P.

Court:TCA

BOULT, CUMMINGS, CONNERS & BERRY
Eugene N. Bulso, Jr. #12005
1600 Nations Bank Building
414 Union Street, Box 198062
Nashville, TN 37219-8062
ATTORNEY FOR PLAINTIFF/APPELLEE

BASS, BERRY & SIMS
Samuel L. Felker, #9045
Joseph F. Welborn, III, #15076
2700 First American Center
Nashville, TN 37238-2700
ATTORNEY FOR DEFENDANTS/APPELLANTS

STEWART, ESTES & DONNELL
Alan T. Fister, #10952
1400 Third National Financial Center
424 Church Street
Nashville, TN 37219
ATTORNEY FOR DEFENDANT/APPELLEE                         

Judge: TODD

First Paragraph:

The captioned appellants have appealed from the judgment of the Trial
Court invalidating a real estate conveyance as fraudulent, awarding
plaintiff compensatory and punitive damages, and awarding the
captioned cross claimant indemnity from appellants. REVERSED, VACATED
AND REMANDED.

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

MATTHEW SEFFERNICK
VS. 
SAINT THOMAS HOSPITAL AND BARRY E. YARBROUGH, M.D.

Court:TCA

GILBERT & FAULKNER
Roger L. Gilbert, #11499
Two Centre Square, Suite 625
625 Gay Street
Knoxville, TN 37902
ATTORNEY FOR PLAINTIFF/APPELLANT

GIDEON & WISEMAN
C. J. Gideon, Jr., #6034
Suite 1900
NationsBank Plaza
Nashville, TN 37219-1782
ATTORNEY FOR DEFENDANTS/APPELLEES                          

Judge: TODD

First Paragraph:

The captioned plaintiff has appealed from a summary judgment
dismissing his malpractice suit against the captioned defendants.
Appellant presents the following issues: A. Whether  the Trial
Court correctly  granted the defendants' motion to strike the
testimony of  Winston Hall Worthington,  M.D.  and  motion  for
summary judgment. B. Whether the Trial Court correctly held that the
testimony of Winston Hall Worthington fails to satisfy the legal
requirements to prove causation. C. Whether  the  Trial  Court 
correctly  awarded discretionary costs to the defendants. REVERSED,
VACATED AND REMANDED.

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

BARBARA ANN SMITH
VS. 
MARION HOWARD SMITH

Court:TCA

Jeffrey L. Hall, Jacksboro, Tennessee
    Attorney for Defendant/Appellant.
J. Elaine Burke, Knoxville, Tennessee
    Attorney for Plaintiff/Appellee                          

Judge: FARMER

First Paragraph:

Defendant-Appellant, Marion Howard Smith ("Father"), appeals the trial
court's order finding the Father guilty of two counts of criminal
contempt and suspending the Father's visitation privileges with the
parties' minor child. AFFIRMED.

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

DAVID TROGDON
VS.
CHARLES TRAUGHBER, Chairman, Tenn. Board of Parolees

Court:TCA

DAVID TROGDON #222090
Turney Center 4A46
Route 1
Only, TN 37140-9709
PRO SE/ FOR PLAINTIFF/APPELLANT

PATRICIA C. KUSSMANN #15506
Assistant Attorney General
Suite 2000 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37243-0488                    
ATTORNEY FOR DEFENDANT/APPELLEE                         

Judge: TODD

First Paragraph:

The captioned plaintiff has appealed from the dismissal of his
"complaint for Violation of the Public Meeting Act, T.C.A. 8-44-101 et
seq." for failure to state a claim for which relief can be granted. 
The appellant presents for review the following issue: Whether  the 
Tennessee  Board of Paroles, a state administrative agency,  is 
required to convene a public meeting as prescribed by Tenn. Code Ann.
S 8-44-101 et seq. when its members deliberate toward a decision to
grant or deny parole release. AFFIRMED AND REMANDED.

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

STATE OF TENNESSEE
VS.
JANICE HANSBROUGH-EASON

Court:TCCA

    For Appellant:                  For Appellee:
A. C. Wharton, Jr.              Charles W. Burson
Attorney at Law                 Attorney General & Reporter
147 Jefferson Avenue 
Suite 1205                      Ellen H. Pollack 
Memphis, TN  38103              Assistant Attorney General
                                Criminal Justice Division 
                                450 James Robertson Parkway
                                Nashville, TN  37243-0485
                                            
                                Patience Branham
                                Assistant District Attorney General 
                                Shelby County District 
                                Attorney General's Office 
                                201 Poplar Avenue - Third Floor
                                Memphis, TN  38103                          

Judge: WADE

First Paragraph:

The defendant, Janice Hansbrough-Eason, was convicted of voluntary
manslaughter.  The trial court imposed a three-year, Range I sentence
and ordered the sentence suspended after one year at the Shelby County
Correctional Center.  In this appeal of right, the defendant claims
the trial court erred. We find no reversible error and affirm the
judgment.

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

MICHAEL A. EDWARDS
vs.
STATE OF TENNESSEE

Court:TCCA

    FOR THE APPELLANT:                  FOR THE APPELLEE:
Michael A. Edwards, Pro Se          Charles W. Burson
Cold Creek Correctional Facility    Attorney General & Reporter
P.O. Box 1000                       500 Charlotte Avenue
Henning, TN 38041                   Nashville, TN 37243-0497

                                    Ellen H. Pollack
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    John W. Pierotti
                                    District Attorney General
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103

                                    John W. Campbell
                                    Asst District Attorney General
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103                          

Judge: JONES

First Paragraph:

The appellant, Michael A. Edwards, appeals as of right from a judgment
of the trial court summarily dismissing his suit for post-conviction
relief.  The trial court found the suit was barred by the statute of
limitations. In this Court, the appellant contends his suit was not
barred by the statute of limitations, the issues had not been
previously determined, and he presents several issues addressing the
merits of the issues raised in the trial court.  After a thorough
review of the record, the briefs submitted by the parties, and the
authorities governing the issues presented for review, it is the
opinion of this Court that the judgment of the trial court should be
affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.

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

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