TBALink Opinion-Flash

April 22, 1996 -- Volume #2 -- Number #39 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 : 5
New Opinons From TCCA : 1
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

DONALD A. CADORETTE and LYNEE CADORETTE, as parents and next
friend of MICHAEL TODD CADORETTE,
v.
SUMNER COUNTY BOARD OF EDUCATION and SUMNER COUNTY,
TENNESSEE,

Court:TCA

Overton Thompson III,
Stephen H. Price
Suite 1900
424 Church St.
Nashville, Tennessee 37219 

Attorneys for Plaintiffs/Appellants

William R. Wright
Leah May Dennen
355 N. Belvedere Dr. Rm. 208
Gallatin, Tennessee 37066

Attorneys for Defendants/Appellees
                        
First Paragraph:

Todd Cadorette suffered a head injury on April 15, 1993,
during an art class at Beech High School in Sumner County,
Tennessee. The accident occurred when Todd fainted and fell
off of a table he was standing on while modeling for other
students.  We agree with the trial courts conclusion that
Cadorettes teacher was not negligent in permitting him to
model for the class as he did.  We therefore affirm the
decision of the trial court.

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

ROBERT I. GWIN,         
v.
DONAL CAMPBELL and TENNESSEE DEPARTMENT OF CORRECTION,

Court:TCA

Attorneys:N/A
                        
First Paragraph:

O R D E R
Our review of this record reveals that the trial court
corectly determined the facts and we concur in the facts as
found by the trial court or as found by necessary
implication.  We further find no reversible error of law.

URL:http://www.tba.org/tba_files/TCA/GWINROB.ORD.WP6
Opinion-Flash

ONE STOP SUPPLY, INC., v. JOHNNY RANSDELL,

Court:TCA

ROGER A. MANESS
CARMACK C. SHELL
114 South Second Street
Clarksville, TN 37041-1149
Attorneys for Plaintiff/Appellant

JOHN M. RICHARDSON, JR.
P. O. Box 808
Clarksville, TN 37041-0808

GREGORY D. SMITH
One Public Square, Suite 321
Clarksville, TN 37040
Attorneys for Defendant/Appellee
                       
First Paragraph:

The question raised in this appeal is whether a personal
guaranty clause in a credit application binds the president
of a corporation who signed it on behalf of his company. 
The trial court found that the clause was clearly
boilerplate, fine-print contract language, which did not
bind the contractor personally.  We reverse.

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

SHELTER MUTUAL INSURANCE COMPANY and SHELTER INSURANCE
COMPANIES,
v.
STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM
INSURANCE COMPANIES,

Court:TCA

DANIEL H. RADER, III
Moore, Rader, Clift
and Fitzpatrick, P.C.
46 North Jefferson Avenue
Post Office Box 3347
Cookeville, Tennessee 38502

JON E. JONES
Post Office Box 699
Cookeville, Tennessee 38503
ATTORNEYS FOR PLAINTIFFS/APPELLEES

JAMES D. MADEWELL
KENNETH S. WILLIAMS
Madewell, Jared, Halfacre & Williams
230 North Washington Avenue
Cookeville, Tennessee 38501
ATTORNEYS FOR DEFENDANTS/APPELLANTS
                        
First Paragraph:

This case involves two liability insurance companies. 
Plaintiff/appellee, Shelter Mutual Insurance Company and
Shelter Insurance Company ("Shelter"), insured David Roland
under a homeowners policy.  Defendant/appellant, State Farm
and Casualty and State Farm Insurance Company ("State
Farm"), provided coverage under a church liability policy
issued to Trinity Assembly of God ("Trinity").  State Farm
appeals the trial courts order granting summary judgment in
favor of Shelter.  The parties generally agree on the
pertinent facts which are as follows.

URL:http://www.tba.org/tba_files/TCA/SHELTER2.OPN.WP6
Opinion-Flash

BARBARA N. VINCENT,     
v.
STATE OF TENNESSEE and NED McWHERTER, Governor, RILEY
DARNELL, Secretary of State, CHARLES BURSON, Attorney
General, JOHN WILDER, Speaker of Senate, JIMMY NAIFEH,
Speaker of House, WILL BURNS, Coordinator of Elections,

Court:TCA

BARBARA N. VINCENT
P.O. Box 11351
Memphis, Tennessee  38111-0351
PETITIONER/APPELLANT, PRO SE

CHARLES W. BURSON
Attorney General and Reporter

JOHN H. REINBOLD
Assistant Attorney General
Civil Litigation and State Services Division
450 James Robertson Parkway
Nashville, Tennessee  37243-0490
FOR RESPONDENTS/APPELLEES
                        
First Paragraph:

The petitioner, Barbara N. Vincent, brought this suit to
force the captioned state officials to include on the ballot
for the November, 1994, state-wide election, a question
concerning the process of  initiation and referendum (I?)
and to delay the printing of said ballots until the question
of the contents of said ballot was judicially resolved.

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

STATE OF TENNESSEE, v. ERNEST HOWELL MCKINNEY,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:


DAVID BAUTISTA              CHARLES W. BURSON
Public Defender             Attorney General & Reporter
                            
JEFF KELLY                  MICHAEL J. FAHEY, II
Asst. Public Defender       Asst. Attorney General
142 East Market St.         450 James Robertson Pkwy.
Johnson City, TN   37601    Nashville, TN  37243-0493                               
                            DAVID CROCKETT
                            District Attorney General

                            KENT W. GARLAND
                            Asst. District Attorney General
                            Jonesborough Courthouse
                            Jonesborough, TN   37659
                        
First Paragraph:

The defendant was indicted for driving under the influence
(DUI) and driving on a revoked license (DORL).  There was
also a third count alleging a prior DUI conviction.  After a
jury trial, during which the DORL charge was dismissed, the
defendant was convicted of DUI.  The jury additionally found
it to be a second offense.  In this direct appeal, the
defendant claims that the trial judge should have granted a
mistrial, and that the third count of his indictment should
have been dismissed because the prior conviction preceded
his current conviction by more than ten years.  We affirm
the judgment below.

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

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