-
TBALink Opinion-Flash
December 24, 1996 -- Volume #2 -- Number #122
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
- 00-New Opinons From TSC-Workers Comp Panel
- 09-New Opinons From TCA
- 03-New Opinons From TCCA
- 01-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
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
ROGER A. PERRY vs. SENTRY INSURANCE COMPANY, LARRY BRINTON, JR., DIRECTOR, DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC For Plaintiff-Appellee: For Defendant-Appellee: Ward S. Whelchel James T. Shea, IV C. Edward Daniel Baker, McReynolds, Byrne, Knoxville Brackett, O'Kane & Shea Knoxville For Defendant-Appellant: Anne T. Widseth Knoxville Sandra E. Keith Assistant Attorney General Nashville Charles W. Burson Attorney General & Reporter Nashville Judge: REID First Paragraph: This case presents for review the decision of the Chancery Court of Union County apportioning a workers' compensation award for permanent total disability between the employer and the Second Injury Fund. The trial court found the award is controlled by Tenn. Code Ann. S 50-6-208(a) (Supp. 1996). A Workers' Compensation Panel, upon reference for findings of fact and conclusions of law pursuant to Tenn. Code Ann. S 50-6-225(e)(5) (Supp. 1996), found the award is controlled by section (b) of Tenn. Code Ann. S 50-6-208. The judgment of the trial court is affirmed as modified. URL:http://www.tba.org/tba_files/TSC/PERRYRA_OPN.WP6
STEVE BEST
vs.
SOUTHERN SKILLET CORPORATION
Court:TCA
HARRY WIERSEMA, JR., OF KNOXVILLE FOR APPELLANT
H. ALLEN BRAY OF MARYVILLE FOR APPELLEES
Judge: Goddard
First Paragraph:
This is a suit by Steve Best against his former employer, Southern
Skillet Corporation and other related entities, first seeking to
recover for their failure to pay him overtime under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201, et seq.) in connection with his
employment. The second count of the complaint seeks damages for
breach of contract because the Defendants had failed to honor their
agreement to provide him certain benefits when he was employed.
VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BESTSTV_OPN.WP6
BARBARA BRADLEY as administratrix of the estate of PAUL J. BRADLEY
vs.
DR. JOHN M. FOX
Court:TCA
For Appellant For Appellee
DAVID E. WAITE DARRYL G. LOWE
CLINT J. WOODFIN LISA A. LOWE
Brown & Waite Lowe, Shirley & Yeager
Knoxville, Tennessee Knoxville, Tennessee
Judge: Susano
First Paragraph:
This dental malpractice case was brought by Barbara Bradley,
administrator of the estate of her son, Paul J. Bradley, seeking
damages for his wrongful death. Mr. Bradley, a 32-year old diabetic,
died as a result of Ludwig's Angina, a condition which developed from
a severe infection after his tooth was extracted by the defendant
dentist, Dr. John M. Fox. Ms. Bradley alleges, among other things,
that Dr. Fox failed to appropriately administer antibiotics to her
son, and that this failure proximately caused the condition that led
directly to his death. Following the close of Ms. Bradley's proof,
the trial court directed a verdict in favor of Dr. Fox, on the ground
that the plaintiff had not proven that Dr. Fox's failure to administer
antibiotics was the proximate cause of Paul J. Bradley's death. Ms.
Bradley appeals. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BRADLEYB_OPN.WP6
STEVEN BROOKS
vs.
NETWORKS OF CHATTANOOGA, INC.,
D/B/A CONNECTING POINT COMPUTER
OF CHATTANOOGA, ROBERT KNOWLING
and FRANK BLAIR, III
Court:TCA
WILLIAM H. HORTON, Horton, Maddox & Anderson, PLLC, Chattanooga, for
Appellants Networks of Chattanooga, Inc., and Robert E. Knowling.
FLOSSIE WEILL, Weill & Weill, Chattanooga, for Steven Brooks.
Judge: McMurray
First Paragraph:
This appeal involves the interpretation of a written lease agreement.
The plaintiff-appellant, Steven Brooks, purchased a commercial
building in Chattanooga in which Networks of Chattanooga operated a
computer store known as Connecting Point Computer of Chattanooga.
Networks and its president, Robert E. Knowling, were defendants in
the case below and also raise issues on appeal. AFFIRMED IN PART,
VACATED IN PART, REVERSED IN PART AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BROOKSS_OPN.WP6
BRENDA EDMUNDSON
v.
DENNIS and WILMA PRATT, and DETECTIVE LARRY JOHNSON
and KNOX COUNTY SHERIFF'S DEPARTMENT
Court:TCA
For Appellant For Appellees
Larry Johnson and Knox
Brenda Edmundson, Pro Se County Sheriff's Department
Knoxville, Tennessee
MARY ANN STACKHOUSE
Deputy Knox County Law Director
Knoxville, Tennessee
For Appellees
Dennis and Wilma Pratt
CARL W. ESHBAUGH
Eshbaugh, Simpson and Varner
Knoxville, Tennessee
Judge: Susano
First Paragraph:
The plaintiff filed a civil warrant in the Knox County General
Sessions Court for false arrest and other related matters. After an
adverse judgment there, the plaintiff appealed to Circuit Court. On
June 17, 1996, an order was entered in that court dismissing the
plaintiff's causes of action against defendants Larry Johnson and the
Knox County Sheriff's Department. This case was finally concluded at
the trial court level when the suit against the remaining defendants,
Dennis Pratt and Wilma Pratt, was dismissed on their motion by
judgment entered August 6, 1996. On Friday, September 6, 1996, the
thirty-first day following the entry of the judgment, the plaintiff
filed a notice of appeal. APPEAL DISMISSED REMANDED.
URL:http://www.tba.org/tba_files/TCA/EDMUNDB_OPN.WP6
PERRY HART and wife REBA HART
vs.
TOMMY CASEY
JO ALICE CASEY, FIRST NATIONAL
BANK OF JACKSON, EMC MORTGAGE
COMPANY AND WESTERN UNITED
ASSURANCE COMPANY
Court:TCA
Ricky L. Wood of Parsons
For Plaintiffs-Appellants
J. Alan Rheney and Jonathan O. Steen
Spragins, Barnett, Cobb & Butler of Jackson
For Defendant-Appellee
Judge: CRAWFORD
First Paragraph:
This appeal involves a "land sale - purchase agreement" between Perry
Hart and wife, Reba Hart (Buyers) and Tommy Casey (Seller). Buyers
appeal from the judgment of the trial court finding that the "land
sale - purchase agreement" between the parties had been terminated and
ordering that Seller was the owner of the property. REVERSED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/HARTP_OPN.WP6
VIRGINIA RUTH MATHELY
vs.
JOHNNY G. MATHELY
Court:TCA
Attorney for Appellant Attorney for Appellee
ALAN R. BEARD CHARLES D. PATY
Chattanooga, Tennessee Paty, Rymer & Ulin, P.C.
Chattanooga, Tennessee
Judge: Susano
First Paragraph:
This is a post-divorce proceeding. Virginia Ruth Mathely filed a
complaint against her former husband, Johnny G. Mathely, seeking a
modification of the then-existing order obligating him to pay alimony
in futuro of $100 per week. Following a hearing, the court modified
its order by increasing the alimony payment to $125 per week,
beginning May 24, 1996, and ending December 31, 1997. The court's
modification order provides that beginning in 1998, Mr. Mathely's
spousal support obligation will revert to $100 per week. Husband
appealed, arguing that the trial court erred in awarding a temporary
increase in alimony predicated on medical bills incurred by Ms.
Mathely since the entry of the previous order for alimony. We affirm.
URL:http://www.tba.org/tba_files/TCA/MATHELYV_OPN.WP6
LORENA MAE RICE and husband ALVIS MICHAEL RICE
vs.
KNOXVILLE UTILITIES BOARD and RONALD HANSEN
Court:TCA
JOHN R. ROSSON, JR., Knoxville, for Appellants. DOUGLAS L. DUTTON,
Hodges, Doughty and Carson, Knoxville, for Appellee, Knoxville
Utilities Board. JOHN O. THREADGILL, Knoxville, for Appellee, Ronald
Hansen.
Judge: McMurray
First Paragraph:
This case arose from an accident wherein the plaintiff, Lorena Mae
Rice, fell when she stepped on a water meter cover located on the
property of the defendant, Ronald Hanson, and allegedly controlled by
both Hanson and the Knoxville Utilities Board. The case was dismissed
on defendants' motions for summary judgment. This appeal resulted.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/RICELM_OPN.WP6
JAMES R. STROUD and
wife, SHELBY JEAN STROUD
vs.
ESTATE OF JETER EDWARD
WARDREP, JR., JETER E.
WARDREP, III, BILLY E.
HAMRICK, JAMES HAMRICK,
CAROLYN EADS, and
JAMES C. WARDREP
Court:TCA
For Appellants For Appellees
DOUGLAS L. DUTTON EARL S. AILOR
AMY V. HOLLARS Knoxville, Tennessee
Hodges, Doughty & Carson
Knoxville, Tennessee
Judge: Susano
First Paragraph:
The plaintiffs, James R. Stroud and wife, Shelby Jean Stroud,
proceeding pro se, filed a complaint for specific performance against
the co-executors of the Estate of Jeter Edward Wardrep, Jr., and Mr.
Wardrep's heirs. They seek to enforce a written contract between them
and the deceased in which the latter agreed to sell them property at
4001 Crestfield Road, Knoxville. Following a non-jury hearing, the
Chancellor dismissed the complaint. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/STROUDJR_OPN.WP6
DAVID MICHAEL WILLIAMS
vs.
BETTY JOAN WILLIAMS
Court:TCA
WILLIAM E. FRIEDMAN ALICE L. GALLAHER
1205 100 North Main Building A. Wages Law Firm
Memphis, TN 38103 8120 Highway 51 North #7
Attorney for Appellant Memphis, TN 38119
Attorney for Appellee
Judge: INMAN
First Paragraph:
Failure to pay ordered child support generated all of the issues in
this case, one of which is directed to the jurisdiction of the
Chancery Court to entertain the petition for contempt. AFFIRMED IN
PART, REVERSED IN PART, and REMANDED.
URL:http://www.tba.org/tba_files/TCA/WILLIADM_OPN.WP6
STATE OF TENNESSEE
vs.
WILLIE LEE BALLARD
Court:TCCA
For Appellant: For Appellee:
Hank Hill Charles W. Burson
Hank Hill & Associates, Attys., P.C. Attorney General and Reporter
701 Cherry Street, Suite 200
Chattanooga, Tennessee 37402 Robin L. Harris
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Gary D. Gerbitz
District Attorney General
C. Leland Davis
David Denny
Asst. District Atty General
600 Market Street
Courts Building
Chattanooga, Tennessee 37402
Judge: DENDER
First Paragraph:
On April 29, 1995, appellant was found guilty by a jury of two counts
of aggravated assault. On April 27, 1995, appellant had pleaded
guilty to the offenses of attempted especially aggravated robbery and
attempted aggravated robbery of the same victims of the aggravated
assaults. On June 30, 1995, the trial court sentenced appellant to
eleven years for attempted especially aggravated robbery, five years
for attempted aggravated robbery and six and five years respectively
on the aggravated assaults. The trial court found that the appellant
was a dangerous offender and ordered the five year sentence for
attempted aggravated robbery to be served consecutively to the eleven
year sentence for attempted especially aggravated robbery. The trial
court ordered the sentences for aggravated assault to run concurrently
with the first sentence. At the hearing on the Motion For New Trial,
the trial court vacated the convictions for aggravated assault and
ruled that those charges merged with the attempted robbery charges.
This left appellant with a sentence of eleven years plus a sentence of
five years to be served consecutive to the sentence of eleven years,
for a net sentence of sixteen years. This is appellant's appeal as of
right. SENTENCE MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/BALLARDW_OPN.WP6
STATE OF TENNESSEE
vs.
STANLEY MATHEWS
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
BRETT B. STEIN CHARLES W. BURSON
236 Adams Avenue Attorney General and Reporter
Memphis, TN 38103
MICHELLE L. LEHMANN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
KEVIN R. RARDIN
Assistant District Attorney
201 Poplar Avenue
Memphis, TN 38103
Judge: SMITH
First Paragraph:
A Shelby County Criminal Court jury convicted Appellant Stanley
Mathews of driving under the influence. According to the record,
Appellant, as a third offender, received a sentence of seven months.
The trial court ordered him to serve 120 days of the sentence followed
by probation for a period of eleven months and twenty-nine days. In
this appeal, Appellant presents the following issue: whether the
evidence presented at trial is legally sufficient to sustain a
conviction for driving under the influence. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MATTHEWS_OP2.WP6
STATE OF TENNESSEE
vs.
STANLEY MATHEWS
Court:TCCA
For Appellant: For Appellee:
Lionel R. Barrett, Jr. Charles W. Burson
Washington Square Two, Ste. 417 Attorney General & Reporter
222 Second Avenue, North
Nashville, TN 37201 Christina S. Shevalier
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Tom P. Thompson, Jr.
District Attorney General
John Wootten
Asst. District Attorney General
203 Greentop Street
P.O. Box 178
Hartsville, TN 37074-0888
Judge: WADE
First Paragraph:
The defendant, Landon Roberts, was convicted of involuntary
manslaughter. See Tenn. Code Ann. S 39-2-221 (repealed 1989). The
trial court imposed a two-year sentence, with one year to be served in
the county jail and the remainder suspended. The sole issue on appeal
is whether the evidence is sufficient to support the conviction.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ROBERTSL_OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: