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.
- 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
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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
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