TBALink Opinion-Flash

February 08, 1996 -- Volume #2 -- Number #15 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 : 0
New Opinons From TCA :10
New Opinons From TCCA : 3
New Opinons From AG : Pending

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.

Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

LUCILLE BESKE,  v. OPRYLAND USA, INC.,

Court:TCA

Tracy Shaw
HOWELL & FISHER
Nashville, Tennessee

Larry D. Ashworth
ASHWORTH & HIGH
Nashville, Tennessee
ATTORNEYS FOR PLAINTIFF/APPELLEE

Dianna Baker Shew
FARRIS, WARFIELD & KANADAY
Nashville, Tennessee
ATTORNEY FOR DEFENDANT/APPELLANT
                        
First Paragraph:

The defendant, Opryland USA, Inc., has appealed from a
judgment in favor of the plaintiff, Lucille Beske in the
amount of $125,000 for personal injuries sustained in a
fall on the premises of defendant.  The jury awarded
plaintiff $200,000, but the Trial Judge suggested a
remittitur of $75,000 which was accepted by the plaintiff
without protest.  The Trial Judge also awarded plaintiff
judgment for $1,404.50 discretionary costs.

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

SOPHIA J. GIBBONS, v. LORETTA SCHWARTZ-NOBEL, ET. AL.,

Court:TCA

Sophia J. Gibbons, Pro Se
Plaintiff/Appellant

Shelby R. Grubbs,
James T. Williams,
MILLER & MARTIN, Chattanooga, Tennessee
Attorneys for Defendant/Appellee, 
Professional Media Service Corporation

Douglas R. Pierce,
Mary M. Collier,
KING & BALLOW, Nashville, Tennessee
Attorneys for Defendants/Appellees, Villard Books (which is
a division of Random House, Inc.), Random House, Inc. of
New York, Random House, Inc. of Canada, Ltd., Walden Book
Company, Inc., Loretta Schwartz-Nobel, Columbia TriStar
Home Video, Inc. Mark Sennett, and Columbia Pictures
Industries, Inc.

Deanna C. Bell, Nashville, Tennessee
Attorney for Defendant/Appellee, Regina Twigg
                        
First Paragraph:

This appeal stems from a lawsuit filed by Appellant, Sophia
Joanne Gibbons, alleging libel, invasion of privacy and a
violation of Tennessee's Personal Rights Protection Act,
T.C.A.  47 25-1101 et. seq., by the various Appellees for
their respective parts in either the publication and
dissemination of a book entitled The Baby Swap Conspiracy
or the later telecasting and distribution of a related
video, entitled Switched At Birth.

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

RAYMOND GREGORY, v. LAURA SUE GREGORY, 

Court:TCA

Jack B. Henry of Pulaski
For Appellant

James S. Kidd and James B. Cox of Fayetteville
For Appellee
                        
First Paragraph:

This appeal involves a suit to determine ownership of an
18.5 acre tract of land located in Lincoln County,
Tennessee.  The facts are as follows.

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

NEW LIFE CORPORATION OF AMERICA, v. THOMAS NELSON, INC.,

Court:TCA

Michael L. Dagley, David A. French of Farris,
Warfield & Kanaday in Nashville
For Appellant

Jon D. Ross, A. Scott Ross of Neal & Harwell
in Nashville
For Appellee
                        
First Paragraph:

Plaintiff, New Life Corporation of America (New Life),
appeals from the order of the trial court which granted
summary judgment to defendant, Thomas Nelson, Inc.
(Nelson).

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

KAYLA NICOLE NUNLEY, v. ESTATE OF BILLY G. NUNLEY,

Court:TCA

THOMAS H. WARE
WARE & CRAWFORD
Nashville, Tennessee
Attorney for Plaintiff/Appellee

ANN BUNTIN STEINER
STEINER & STEINER
Nashville, Tennessee
Attorney for Defendant/Appellee

DAN R. ALEXANDER
Nashville, Tennessee
Attorney for Defendant/Appellant
                        
First Paragraph:

This case involves the ownership of the mechanical royalty
rights to a catalogue of songs written by the appellant,
Earl Montgomery.  The appellee, Kayla Nicole Nunley,
contends that her late husband, Billy Gene Nunley,
purchased the right to collect those royalties from Mr.
Montgomery in 1975.  Mr. Montgomery testified that he never
sold the rights, and that he did not even know Mr. Nunley. 
He claims that the Nunleys were guilty of converting the
funds derived from his ownership rights.

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

OVERLAND INDUSTRIAL LUBRICANT CORPORATION, d/b/a ASCO
SANITATION,
v.
CITY OF WAYNESBORO, CITY OF COLLINWOOD, CITY OF CLIFTON, AND
HOUSEHOLD AND COMMERCIAL GARBAGE, INC.,

Court:TCA

W. ANDREW YARBROUGH
Waynesboro, Tennessee
Attorney for Plaintiff/Appellant

GEORGE G. GRAY
JAMES Y. ROSS
Waynesboro, Tennessee
Attorneys for Defendants/Appellees
Cities of Waynesboro, Collinwood and Clifton

RANDY HILLHOUSE
Lawrenceburg, Tennessee
Attorney for Defendant/Appellee 
Household and Commercial Garbage, Inc.
                       
First Paragraph:

This is a dispute over a contract to provide garbage and
industrial waste collection in three Wayne County cities. 
The contractor sued the three cities for failing to prevent
a rival contractor from providing the same services
to some residents of each city and sued the rival
contractor for inducing a breach of contract, for
misrepresentation, and for interference with business
relations.  After a bench trial the Chancery Court of Wayne
County dismissed the complaint.  We affirm.

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

LARRY D. RUSSELL,   
v. 
CRIMINAL COURT JUDGE JOSEPH B. DAILEY DIVISION (5)          

Court:TCA

Larry D. Russell
Cold Creek Correctional Facility
Henning, Tennessee
Pro Se
    
Charles W. Burson
Attorney General and Reporter

Mary M. Bers
Assistant Attorney General & Reporter
Attorney for Appellee

First Paragraph:

This cause came to be heard upon the Rule 3 appeal by
appellant Larry Russell from the Order of the trial court
dismissing his claim against appellee Dailey for failure to
state a claim and lack of jurisdiction.

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

SYBLE B. STEPHENSON, v. WILBER D. STEPHENSON,

Court:TCA

ROBERT D. MASSEY
Pulaski, Tennessee
ATTORNEY FOR PLAINTIFF/APPELLANT

Paul Bates
Christopher V. Sockwell
BOSTON, BATES & HOLT
Lawrenceburg, Tennessee
ATTORNEYS FOR DEFENDANT/APPELLEE
                      
First Paragraph:

In this divorce proceeding, the plaintiff, Syble B.
Stephenson, has appealed from a judgment entered by the
Trial Court on April 11, 1995, overruling a motion to alter
or amend a judgment previously entered on November 14,
1994, dealing with distribution of marital property and
indebtedness thereon, child support arrearage, future child
support and medical expenses, visitation and possession of
a list of personal belongings.

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

UNITED PHYSICIANS INSURANCE RISK RETENTION GROUP, by and
through DOUGLAS M. SIZEMORE, Commissioner of Commerce and
Insurance for the State of Tennessee and Liquidator for
United Physicians Risk Retention Group,
v.          
UNITED AMERICAN BANK OF MEMPHIS,

Court:TCA

For the Plaintiff/Appellant:    For the Defendant/Appellee:

William B. Hubbard              Ronald Lee Gilman
Weed, Hubbard, Berry            Farris, Mathews, Gilman,
& Doughty                       Branan & Hellen
Nashville, Tennessee            Memphis, Tennessee

                                John Knox Walkup
                                Gullett, Sanford, Robinson 
                                & Martin
                                Nashville, Tennessee
                        
First Paragraph:

This appeal arises from the liquidation of an insolvent
captive insurance company.  The Commissioner of Commerce
and Insurance, acting as the insurance companys liquidator,
filed a petition in the Chancery Court for Davidson County
seeking to avoid an $800,000 transfer made by the insurance
company to pay off an outstanding bank loan.  The bank
moved to dismiss the commissioners petition because the
challenged transfer occurred outside of the avoidance
period in Tenn. Code Ann. 56-9-317(a)(2)(B) (1994).  The
trial court granted the motion, and the commissioner has
appealed.  We affirm the trial courts decision.

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

GLORIA JEAN WOOLFORK
v.
HAMPTON INNS, INC., and PHILLIP H. MCNEILL and
R. BRAD MARTIN, d/b/a JACKSON INNS, LTD.,

Court:TCA

JAY DEGROOT and PATRICK N. PARKER, 
Garrety & Sanders, Jackson, 
Attorneys for Plaintiff/Appellee

JAMES A. HOPPER, Hopper, & Plunk, Savannah, 
Attorney for Defendants/Appellants
                      
First Paragraph:

Gloria Jean Woolfork (plaintiff) filed suit in the Circuit
Court of Madison County against Phillip H. McNeil and R.
Brad Martin, d/b/a Jackson Inns, Ltd., seeking damages for
her personal injuries allegedly caused by defendants 
negligence.   The case was tried before a jury, which
returned a verdict in favor of plaintiff.   Although
defendants have raised several issues on appeal, the
pivotal issue in this case is whether the trial court
properly performed his function as a thirteenth juror in
denying defendants motion for a new trial.  After
reviewing this record, we are of the opinion that he did
not, and we reverse and remand this case for a new trial.

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

STATE OF TENNESSEE, v. JAMES JILES FIELDS, III, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

JOSEPH S. OZMENT            CHARLES W. BURSON
100 N. Main, Suite 3010     Attorney General and Reporter
Memphis, TN  38103
                            CHARLOTTE H. RAPPUHN
                            Assistant Attorney General

                            JOHN W. PIEROTTI
                            District Attorney General

                            JANET NICHOLS
                            Asst District Attorney General
                        
First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.  The Defendant appeals from the
judgment of the trial court denying him post-conviction
relief.  The trial court determined that the Defendant's
petition was barred by the statute of limitations.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE, v. TRAVIS LEE HARDY,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

RICHARD W. DEBERRY          CHARLES W. BURSON
Assistant Public Defender   Attorney General and Reporter
24th Judicial District
P.O. Box 663                RUTH A. THOMPSON
Camden, TN  38320           Assistant Attorney General

                            ROBERT RADFORD
                            District Attorney General

                            JOHN OVERTON
                            Asst District Attorney General
                            
First Paragraph:

The Defendant, Travis Lee Hardy, appeals as of right from a
judgment of the trial court revoking his community
corrections sentence and requiring him to serve in
confinement the sentence previously imposed.  The
revocation was predicated on the Defendant's failure to
make his monthly payment for his fines and court costs, his
failure to make a monthly payment for restitution, and his
failure to pass a random drug and alcohol screening.

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

STATE OF TENNESSEE, v. CLARENCE YOUNG,

Court:TCCA

For the Appellant:              For the Appellee:
Walker Guinn                    Charles W. Burson
Asst. Public Defender           Attorney General/Reporter
201 Poplar Ave.                 
Memphis, TN 38103               Charles W. Bell, Jr.
(on appeal)                     Asst. District AG
                                
Betty J. Thomas                 Charlotte H. Rappuhn    
Asst. Public Defender           Assistant AG
(at trial)                      
                                John W. Pierotti
                                District AG

First Paragraph:

The appellant, Clarence Young, was convicted of attempted
first degree murder, a class A felony, and he was sentenced
as an especially mitigated offender to thirteen and one
half years in the Department of Correction.  On this appeal
as of right, he challenges the sufficiency of the evidence
and the trial court's failure to instruct the jury on the
defense of voluntary intoxication.

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

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

Opinion-Flash

Return to the TBALink Home Page