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.
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KULTURA, INC., v. SOUTHERN LEASING CORPORATION, Court:TSC For Plaintiff-Appellant: For Defendant-Appellee: Douglas L. Dutton Frederick L. Conrad, Jr. Hodges, Doughty & Carson Andrew L. Colocotronis Knoxville Ambrose, Wilson, Grimm and Durand First Paragraph: This case presents for decision the liability of a "UCC-1" filer who fails to timely file a termination statement. The plaintiff, Kultura, Inc., asserts that pursuant to Tenn. Code Ann. 47-9-404(1) (1992), it is entitled to damages for the loss of the sale of its business and attorney's fees, and the statutory penalty of $100.00, as the result of the defendant's, Southern Leasing Corporation's, failure to file a termination statement under TN's Uniform Commercial Code. URL:http://www.tba.org/tba_files/TSC/KULTURA.OPN.WP6 GARY WORLEY AND PHYLLIS WORLEY, INDIVIDUALLY AND AS CONSERVATORS FOR THE ESTATE OF PHILLIP WORLEY, v. WEIGEL'S, INC., Court:TSC For Plaintiffs-Appellees: For Defendant-Appellant: George F. Legg Darryl G. Lowe Becky H. Halsey Lisa A. Lowe Stone & Hinds, P.C. Lowe, Shirley & Yeager Knoxville Knoxville First Paragraph: This case presents for review the liability of a seller of alcoholic beverages to a person under 2l years of age. The trial court granted summary judgment of no liability to the seller. The Court of Appeals reversed on the finding that the case presents issues for the jury. This Court finds that, pursuant to public policy expressly declared by the legislature regarding liability for the sale of intoxicating liquors, the seller in this case is not liable for the injuries alleged, as a matter of law. URL:http://www.tba.org/tba_files/TSC/WORLEY.OPN.WP6 EILEEN M. BLAKE, on her own behalf and on behalf of all others similarly situated within the State of TN, v. ABBOTT LABORATORIES, INC., BRISTOL-MYERS SQUIBB CO., and MEAD JOHNSON & CO., Court:TCA GORDON BALL, Knoxville, for the Appellant. ROBERT J. WALKER and R. DALE GRIMES, Bass Berry and Simms, Nashville, for Bristol-Myers Squibb Co., and Mead Johnson Company. CHARLES W. BURSON, Attorney General and Reporter, MICHAEL E. MOORE, Solicitor General, PERRY ALLAN CRAFT, Deputy Attorney General, and VERNON A. MELTON, JR., Amicus Curiae. First Paragraph: This case originated in the Circuit Court for Blount County. The complaint ostensibly attempted to state a class action against the defendants, alleging a violation of The TN Unfair Trade Practices Act, (T.C.A. 47-25-101 et seq.), hereinafter referred to as The Trade Practices Act, and The TN Consumer Protection Act, (T.C.A. 47-18-101 et seq.) No order has been entered pursuant to Rule 23.03, TN Rules of Civil Procedure, allowing the case to proceed as a class action. URL:http://www.tba.org/tba_files/TCA/ABBOTT.OPN.WP6 DAVID BROCK, ANGEL BURRAGE, TRESA COOPER, SHARON CRAWFORD, KAREN CLARK HICKMAN, CAROLYN HINES, LAJUANA JONES, W. RUTH OBEN, MARY OLDAKER, AND MARTHA SMITH, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, PATTY CROCKER, NAOMI SMITHERMAN, AND DONNA WILCOX, Court:TCA LYNN PERRY, Cleveland, for Appellants CHRISTOPHER H. STEGER and KAREN M. SMITH of MILLER & MARTIN, Chattanooga, for Appellees First Paragraph: In the joint complaint filed in this action, each of the ten plaintiffs asserted an individual cause of action against their former employer, Provident Life and Accident Insurance Company (Provident), and three of the companys supervisors. Each of the plaintiffs relied upon similar facts in charging that Provident had breached an employment contract, had breached its implied covenant of good faith and fair dealing, and had been guilty of the tort of negligent misrepresentation. URL:http://www.tba.org/tba_files/TCA/BROCKDAV.OPN.WP6 AMALIA DEUS, M.D., v. HAROLD NEVELS, M.D., RUPERT A. FRANCIS, M.D., and MEHARRY MEDICAL COLLEGE, a Division of George W. Hubbard Hospital, Court:TCA CHARLES HAMPTON WHITE CORNELIUS & COLLINS Nashville, TN Attorney for Plaintiff/Appellant C. HAYES COONEY WATKINS, McGUGIN, McNEILLY & ROWAN Nashville, TN Attorney for Defendants/Appellees First Paragraph: The only question raised on this appeal is whether Meharry Medical College breached its contract with a medical postgraduate student when it discharged her in March of 1993. The Chancery Court of Davidson County dismissed the complaint, finding that at the time of her discharge the plaintiff did not have a contract for a definite term. We reverse. URL:http://www.tba.org/tba_files/TCA/DEUS.OPN.WP6 RUBY HARDEN, by Conservator WANDA FUZZELL, v. FREDIA WADLEY, M.D., Commissioner TN Department of Health, Bureau of Medicaid, Court:TCA SHEARON W. HALES DAVID KOZLOWSKI Legal Services of South Central TN, Inc. Columbia, TN ATTORNEYS FOR PETITIONER/APPELLANT CHARLES W. BURSON Attorney General and Reporter LISA A. YACUZZO Assistant Attorney General ATTORNEYS FOR RESPONDENT/APPELLEE First Paragraph: Petitioner/appellant, Ruby Harden by conservator Wanda Fuzzell (Ms. Harden), appealed and asked this court to reverse the judgment of the Chancery Court for Davidson County which affirmed a denial of Medicaid benefits to Ms. Harden for nursing home care. Ms. Harden contends that the decision of the respondent/appellee, Fredia Wadley, Commissioner of the TN Department of Health, Bureau of Medicaid, denying her Medicaid benefits, is arbitrary and capricious. URL:http://www.tba.org/tba_files/TCA/HARDENRU.OPN.WP6 IMOGENE HICKS AND HUSBAND, CARL HICKS, v. PAUL MILLER, Court:TCA THOMAS K. McALEXANDER HILL, BOREN, DREW & MARTINDALE Jackson, TN Attorney for Plaintiffs/Appellants BILLY J. STOKES FANSLER & WILLIAMS Knoxville, TN Attorney for Appellee First Paragraph: The present appeal arises out of a multi-car automobile accident that occurred on August 30, 1991, in Campbell County, TN. Plaintiffs Imogene and Carl Hicks appeal the jury's verdict assessing equal liability to both Mrs. Hicks and the Defendant, Paul Miller, and awarding damages to neither party. URL:http://www.tba.org/tba_files/TCA/HICKSIMO.OPN.WP6 SHARON HUFFMAN, THE SURVIVING MOTHER OF SHARON ELAINE BLEDSOE, A MINOR, v. BRUCE A. BALDWIN, et al AND HARRIS WEBB, Court:TCA Harry Wiersema, Jr., Knoxville, TN Brenda L. Lindsay, Knoxville, TN Attorneys for Plaintiff/Appellant. Arthur B. Goddard, GODDARD & GAMBLE, Maryville, TN Attorney for Defendant/Appellee, Harris Webb. First Paragraph: This appeal results from the trial court's grant of summary judgment in favor of the one remaining defendant, Harris Webb. The plaintiff, Sharon K. Huffman, is the surviving mother of Sharon Elaine Bledsoe, a minor, who was killed in an automobile accident on June 5, 1987. URL:http://www.tba.org/tba_files/TCA/HUFFMANS.OPN.WP6 DWAYNE EDWYNN INGRAM, v. CATHERINE HALL INGRAM, Court:TCA Kay Farese Turner of Memphis Charles W. McGhee of Memphis For Plaintiff-Appellee Stevan L. Black of Memphis Vicki J. Singh of Memphis For Defendant-Appellant First Paragraph: This is a child custody case. Dwayne Edwynn Ingram (Father) and Catherine Hall Ingram (Mother) were divorced by decree entered June 16, 1992. The decree provided for joint legal custody of the parties' minor child, Matthew, born February 9, 1989, with Father having primary physical custody. Mother appealed to this Court and, while the appeal was pending, filed a Petition for Change of Custody in chancery court. URL:http://www.tba.org/tba_files/TCA/INGRAMDE.OPN.WP6 FREDRIKA JO IRVIN, v. TERRY LEE IRVIN, Court:TCA Russell E. Freeman, HAYNES, WALKER AND FREEMAN, Goodlettsville, TN for Defendant/Appellant. F. Dulin Kelly, KELLY & KELLY, Hendersonville, TN for Plaintiff/Appellee. First Paragraph: Following the entry of the divorce decree, Terry Lee Irvin (Husband) appeals from the trial courts award of permanent support to Fredrika Jo Irvin (Wife), contending that the court erred in awarding permanent support versus rehabilitative support. URL:http://www.tba.org/tba_files/TCA/IRVINF.OPN.WP6 HARSE RAY and wife, FLORENCE RAY, v. JAMES ANTHONY SCOTT, Court:TCA SHERIDAN C. RANDOLPH, Cleveland, for Appellants PHILLIP C. LAWRENCE of POOLE, LAWRENCE, THORNBURY, STANLEY & MORGAN, Chattanooga, for Appellee First Paragraph: This is a grandparents visitation rights case. We are asked to review the judgment of the Circuit Court of Bradley County dismissing the grandparents complaint. URL:http://www.tba.org/tba_files/TCA/RAYHARSE.OPN.WP6 SAFETY OPTICAL DIVISION OF MID-SOUTH OPTICAL LABORATORIES, INC., v. NATIONAL RAILROAD PASSENGER CORP., Court:TCA FRANK P. PINCHAK, WITT, GAITHER & WHITAKER, P.C., Chattanooga, for Plaintiff-Appellant. HARRY R. CASH, GRANT, KONVALINKA & HARRISON, P.C., Chattanooga, for Defendant-Appellee. First Paragraph: In this action in debt, the Trial Judge entered judgment against defendant for $5,368.57, but refused to award plaintiff attorneys fees, interest and costs, and plaintiff has appealed. URL:http://www.tba.org/tba_files/TCA/SAFETY.OPN.WP6 CHRISTIE SHONDELLE ELDER BOONE VANDERPOOL, v. DOUGLAS CLINTON BOONE, v. ANN SEAT, Court:TCA JAMES L. CURTIS Nashville, TN Attorney for Respondent/Appellant JERRY W. HAMLIN Ashland City, TN Attorney for Petitioner/Appellee First Paragraph: The paternal grandmother of an eight year old girl filed a petition against the girls mother for enforcement of her visitation rights and for contempt. The mother counter-petitioned to terminate the grandmothers visitation rights. The proof showed that the mother had agreed to include regular visitation by the grandmother in the final decree of divorce, that the grandmother had exercised her visitation for about four years, without objection by the mother... URL:http://www.tba.org/tba_files/TCA/VANDERPO.OPN.WP6 STATE OF TN, v. ANDRE S. BLAND, Court:TCCA For the Appellant For the Appellee Patricia Ann Odell Charles W. Burson 50 North Front St. Attorney General / Reporter Memphis, TN 38103 Nashville, TN William L. Johnson William David Bridgers 50 North Front St. Assistant District AG Memphis, TN 38103 Nashville, TN John. W. Pierotti District Attorney General Thomas Henderson Assistant District Attorney General First Paragraph: The appellant, Andre S. Bland, was convicted of attempted aggravated robbery, especially aggravated robbery, attempted first-degree murder, and first-degree murder. In the sentencing hearing, the jury found one aggravating circumstance, that the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death. URL:http://www.tba.org/tba_files/TCCA/BLANDAS.OPN.WP6 WILLIAM L. HAMPTON v. STATE OF TN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Charles M. Corn Charles W. Burson District Public Defender Attorney General and Reporter 450 James Robertson Parkway Richard Hughes, Jr. Nashville, TN 37243-0493 Assistant Public Defender P.O. Box 1453 Darian B. Taylor Cleveland, TN Assistant Atty. Gen. & Reporter Jerry N. Estes District Attorney General Rebble S. Johnson Asst District Attorney General First Paragraph: The appellant, William L. Hampton, appeals as of right the dismissal of his petition for post-conviction relief by the Bradley County Criminal Court. URL:http://www.tba.org/tba_files/TCCA/HAMPTONW.OPN.WP6 LESTER DALE HERRON, v. STATE OF TN, Court:TCCA For the Appellant: For the Appellee: Pro Se Charles W. Burson Attorney General and Reporter Ruth A. Thompson Assistant Attorney General C. Berkeley Bell, Jr. District Attorney General Doug Godbee Asst. District Attorney General First Paragraph: The appellant, Lester Dale Herron, appeals pro se the dismissal of his petition for post-conviction relief without the appointment of counsel or an evidentiary hearing. In this appeal, the appellant presents essentially two issues for our review. First, the appellant argues that the post-conviction court's order of dismissal does not comply with Tenn. Code Ann. 40-30-118(b) (1990). URL:http://www.tba.org/tba_files/TCCA/HERRONLD.OPN.WP6 STATE OF TN, v. MICHAEL J. HOWARD, Court:TCCA For Appellant For Appellee Marvin E. Ballin Charles W. Burson Ballin & Ballin, P.C. Attorney General & Reporter Memphis, TN Michael J. Fahey, II Assistant Attorney General John W. Pierotti District Attorney General and Jennifer S. Nichols Asst. District Attorney General First Paragraph: The defendant, Michael J. Howard, appeals his conviction for aggravated sexual battery. The trial court initially imposed a Range I sentence of eight years, to be suspended to require the defendant to serve a two-year sentence with the Community Corrections Program. Later, the trial court rescinded the suspended sentence, reinstated the eight-year sentence, and fined the defendant $5,000. URL:http://www.tba.org/tba_files/TCCA/HOWARDMJ.OPN.WP6 STATE OF TN, v. RONNIE DALE PHILLIPS, Court:TCCA For the Appellant: For the Appellee: Randall A. York Charles W. Burson and Attorney General of TN Proctor Upchurch and P.O. Box 3349 Clinton J. Morgan Crossville, TN 38557 Asst Attorney General of TN William E. Gibson District Attorney General and Ben Fann David Patterson Asst District AG First Paragraph: The defendant, Ronnie Dale Phillips, appeals from a jury conviction in the Criminal Court of Cumberland County for voluntary manslaughter, a Class C felony. He received a sentence of four years and eight months as a Range I, standard offender to be served in the custody of the Department of Correction and a fine of five thousand dollars. URL:http://www.tba.org/tba_files/TCCA/PHILLIPR.OPN.WP6 STATE OF TN, v. STEVEN DEWAYNE TRANSOU, ROBERT JAMES JOHNSON, JAMES EDWARD SIMMONS, DONALD WAYNE GEANES, AND MITCHELL W. WILLIAMSON, Court:TCCA FOR THE APPELLANTS: FOR THE APPELLEE: Joe H. Byrd, Jr. Charles W. Burson 203 S. Shannon Street, Attorney General & Reporter Jackson, TN 38302-2764 450 James Robertson Parkway (Counsel for Transou) Nashville, TN 37243-0493 Joseph L. Patterson Ellen H. Pollack 225 West Baltimore, Assistant Attorney General Jackson, TN 38301 450 James Robertson Parkway (Counsel for Johnson) Nashville, TN 37243-0493 James D. Gass James G. Woodall 203 S. Shannon Street, District Attorney General Jackson TN 38301 P.O. Box 2825 (Counsel for Simmons) Jackson, TN 38302-2825 G. William Hymers, III Lawrence E. Nicola 107 S. Shannon Street Asst. District AG Jackson, TN 38301 P.O. Box 2825 (Counsel for Geanes) Jackson, TN 38302-2825 George Morton Googe District Public Defender and Daniel J. Taylor Assistant Public Defender 227 West Baltimore Street Jackson, TN 38301 (Counsel for Williamson) First Paragraph: The appellants, Steven Dewayne Transou, Robert James Johnson, James Edward Simmons, Donald Wayne Geanes, and Mitchell W. Williamson, were convicted of possessing more than one-half gram of crack cocaine with intent to sell or deliver, a Class B felony, and possession of drug paraphernalia, a Class A misdemeanor, by a jury of their peers. Williamson was also convicted of possessing marijuana, a Class A misdemeanor. URL:http://www.tba.org/tba_files/TCCA/TRANSOU.OPN.WP6 STATE OF TN, v. JASON WINDHAM, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DONNA ROBINSON MILLER CHARLES W. BURSON Chattanooga, TN Attorney General and Reporter 37402 ELIZABETH T. RYAN Assistant Attorney General GARY D. GERBITZ District Attorney General H.C. BRIGHT Assistant District Attorney First Paragraph: In August of 1994, Appellant Jason Windham pled guilty to one count of aggravated burglary, one count of burglary of a vehicle, two counts of attempted burglary of a business, two counts of theft of property over $1000, two counts of burglary of a business, one count of theft of property under $500, one count of possession of marijuana, and one count of possession of drug paraphernalia. URL:http://www.tba.org/tba_files/TCCA/WINDHAM.OPN.WP6
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