TBALink Opinion-Flash

January 31, 1996 -- Volume #2 -- Number #12 Opinion-Flash

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 and the TN Attorney General.

This Issue:
New Opinons From TSC : 4
New Opinons From TCA : 1
New Opinons From TCCA : 0
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

THE CAIN PARTNERSHIP, LTD.,
v.
PIONEER INVESTMENT SERVICES COMPANY,
And OPINION CONCURRING IN RESULTS

Court:TSC

For Plaintiff-Appellant:        For Defendant-Appellee:

Dean B. Farmer                  G. Wendell Thomas, Jr.
Hodges, Doughty & Carson        Kennerly, Montgomery &
Knoxville                       Finley, P.C.
                                Knoxville
Larry E. Parrish
Larry E. Parrish, P.C.
Memphis

For Intervenor:

Richard B. Gossett
Heiskell, Donelson, Bearman,
Adams, Williams & Kirsch
Chattanooga

R. Thomas Stinnett
Stone & Hinds, P.C.
Knoxville
                        
First Paragraph:

This case presents for review the decision of the trial
court granting summary judgment to the defendant/ lessee in
an unlawful detainer action to recover possession of
certain commercial property leased to the defendant by the
plaintiff.  The award of summary judgment is reversed, and
the case is remanded to the trial court.

URL:http://www.tba.org/tba_files/TSC/CAIN.OPN.WP6
URL:http://www.tba.org/tba_files/TSC/CAIN.CON.WP6
Opinion-Flash

DAVID E. RIDINGS AND VICKEY L. RIDINGS, 
v.
THE RALPH M. PARSONS COMPANY; PRECISION STAIR CORPORATION;
WALKER AND SONS FABRICATION & ERECTION COMPANY, INC.; S?
CONSTRUCTION CO., INC.; AND KTM ASSOCIATES, INC.,

Court:TSC

For Plaintiffs-Appellants:      For Defendants-Appellees:

Michael W. Whitaker             Louis F. Allen
Covington                       Thomas L. Parker
                                Waring Cox
                                Memphis
OF COUNSEL:
                                Leo Bearman, Jr.
Dale H. Tuttle                  Monique A. Nassar
Richard H. Booth                Heiskell, Donelson, Bearman,
McDonald Kuhn                   Adams, Williams & Caldwell
Memphis                         Memphis

                                Robert L. J. Spence, Jr.
                                Peter J. Dauster
                                The Hardison Law Firm
                                Memphis

First Paragraph:

This interlocutory appeal presents for resolution a narrow
question of law.  For the reasons hereinafter discussed,
the decision of the Court of Appeals, allowing a defendant
in an action for damages for personal injuries to plead as
an affirmative defense that the plaintiff's employer caused
or contributed to the plaintiff's injuries, is reversed.

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

STATE OF TENNESSEE,v.WAYNE M. TRUSTY,

Court:TSC

For Appellant:                  For Appellee:

A. C. Wharton, Jr.              Charles W. Burson
District Public Defender        Attorney General & Reporter

Walker Gwinn                    Michael E. Moore
Assistant Public Defender       Solicitor General

                                William David Bridges
                                Assistant Attorney General

                                John W. Pierotti
                                District Attorney General

                                Judson W. Phillips
                                Asst District AG
                        
First Paragraph:

The question in this case is whether one indicted for
attempted first-degree murder may be convicted of
aggravated assault.  Aggravated assault, as defined in
Tennessee Code Annotated Section 39-13-102, is neither a
lesser grade or class of attempted first-degree murder nor
a lesser included offense of first-degree murder.Under
Tennessee law, a conviction for an unindicted offense
that is not a lesser degree of the offense charged or a
lesser included offense may not stand.  For the reasons
discussed below, we reverse the judgment of the Court of
Criminal Appeals and reverse appellant's conviction.

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

THE ESTATE OF ATLAS DUNCAN, WILLIAMS, Deceased, CAROLYN S.
WILLIAMS, Executrix,
v.
JOE B. HUDDLESTON, Commissioner of Revenue of the State of
Tennessee,

Court:TCA

Charles W. Burson, Attorney General and Reporter
Daryl J. Brand, Senior Counsel Attorney General's Office
Attorney for Defendant/Appellant.

Allan J. Wade,
BAKER, DONELSON, BEARMAN & CALDWELL, Memphis, Tennessee
Attorney for Plaintiff/Appellee.
                        
First Paragraph:

This action is pursued by the surviving spouse of Atlas
Duncan Williams, on behalf of the estate (Appellee),
against the appellant, Joe B. Huddleston, in his capacity
as Commissioner of Revenue of the State of Tennessee,
challenging the latter's assessment of inheritance tax
which reflects a reduction in the allowable marital
deduction by one-third of the decedent's secured debts.

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

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