TBALink Opinion-Flash

May 21, 1996 -- Volume #2 -- Number #49

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:
- New Opinons From TSC
- New Opinons From TSC-Rules
14 New Opinons From TSC-Workers Comp Panel
4 New Opinons From TCA
5 New Opinons From TCCA

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Jim Moore
TBALink Co-Chief Editor

NELLIE MYRTLE FARLEY,       
v.
LIBERTY MUTUAL INSURANCE COMPANY and TEXAS BOOT COMPANY,
and JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellants:                 For the Appellee: 

Jerry R. Humphreys                  Frank H. Farrar
Davies,Cantrell,Humphreys & McCoy   William Joseph Butler  
Nashville, TN                       Farrar & Holliman
                                    Lafayette, TN 

First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. The defendants below appeal
the trial court's award of 75% permanent partial disability
to each upper extremity.  

Judge: John K. Byers, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/FARLEY.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/FARLEY.JDG.WP6
Opinion-Flash

RICHARD A. HARRIS, v. TRIANGLE AUTO SPRINGS COMPANY,                                     
and JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For Appellant:                        For Appellee:

Terry L. Hill                         Lawrence D. Sands
Manier, Herod, Hollabaugh & Smith     Sands & Sands
Nashville, TN                          Columbia, TN
                      
First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann. section
50-6-225(e)(3) for hearing and reporting of findings of fact
and conclusions of law.  In this appeal, the employer,
Triangle Auto Springs Company, contends (1) the award of
permanent partial disability benefits is excessive and (2)
the trial court abused its discretion by commuting such
award to a lump sum.  

Judge: Joe C. Loser, Jr., Judge

URL:http://www.tba.org/tba_files/TSC_WCP/HARRISR.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/HARRISR.JDG.WP6
Opinion-Flash

RAY DONALD HAWKINS, 
v. 
METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY
TN acting by and through the NASHVILLE ELECTRIC POWER
BOARD; and acting by and through THE ELECTRIC EMPLOYEES
CIVIL SERVICE & PENSION BOARD,
and JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For Appellants:             For Appellees:

Thomas E. Stewart           Douglas Fisher
Stewart & Black             Howell & Fisher
Madison, TN                 Nashville, TN
                      
First Paragraph:

This workers compensation appeal has been referred to the
Special Workers Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law.
The appellant sued his employer for workers compensation
benefits covering mental and emotional disability which
resulted from being informed that he was about to be fired. 
The trial judge dismissed the action because it did not
state a claim on which relief could be granted.  

Judge: BEN H. CANTRELL, SPECIAL JUDGE

URL:http://www.tba.org/tba_files/TSC_WCP/HAWKINS.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/HAWKINS.JDG.WP6
Opinion-Flash

LINDA MAY KEPLEY,   
v. 
YAMAKAWA MANUFACTURING COMPANY OF AMERICA and YASUDA FIRE &
MARINE INSURANCE COMPANY
and JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellants:             For the Appellee: 

D. Brett Burrow                 Joseph Y. Longmire,Jr.
Brewer,Krause,Brooks & Mills    Jones, Longmire & Sindle  
Nashville, TN                   Hendersonville, TN  

First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. The defendants appeal the
trial court's award of 40% permanent partial disability to
the right upper extremity.  

Judge: John K. Byers, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/KEPLEY.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/KEPLEY.JDG.WP6
Opinion-Flash

VERA JANE KING, 
v. 
TRAVELERS INSURANCE COMPANY and CARTER AUTOMOTIVE PRODUCTS,
INC.,
and JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:          For the Appellee:

Ernest D. Bennett, III      William Butler
One Union Street            Frank D. Farrar
Nashville, TN               Lafayette, TN  37083
                           
                      
First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. Plaintiff injured her right
arm while using an air screwdriver on the assembly line at
defendant's automotive products plant.  

Judge: John K. Byers, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/KING.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/KING.JDG.WP6
Opinion-Flash

CAROL VICTORIA (VICKY) PITNER,
v. 
VANDERBILT CHILD AND ADOLESCENT PSYCHIATRIC HOSPITAL,
Employer and FIDELITY AND CASUALTY INSURANCE COMPANY OF NEW
YORK, Defendant Carrier,
and JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:          For the Appellee:

Nancy K. Corley             Jill A. Hanson
Nashville, TN               Nashville, TN 
                                                 
First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. Plaintiff injured her right
arm, shoulder and neck at work on September 26, 1988.  The
trial court awarded 24 percent permanent partial disability
to the body as a whole.  

Judge: John K. Byers, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/PITNER.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/PITNER.JDG.WP6
Opinion-Flash

GARY REATHERFORD, v. LINCOLN BRASS WORKS, INC.
and JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:              For the Appellee:

Mark C. Travis                  Andrea Huddleston
Wimberly & Lawson               Jane M. Jennings
929 West First North Street     Hairrell & Jennings
Morristown, TN  37816           Lawrenceburg, TN  38464
                                

First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. Plaintiff was doing
construction work at the Lincoln Brass Works facility,
moving the employee break room from one side of the building
to another, when a nail flew into his right eye, requiring
several surgical procedures and resulting in total permanent
loss of vision in the eye.  

Judge: John K. Byers, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/REATHER.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/REATHER.JDG.WP6
Opinion-Flash

IN THE MATTER OF: C.A.T., JR. AND K.P.T. 
(Children under the age of 18 years)

Court:TCA

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

Charles W. Burson               J. Michael O'Neil
Attorney General and Reporter   Charles A. Taylor, Sr.
                                Nashville, TN
Michelle K. Hohnke
Assistant Attorney General
                         
First Paragraph:

This appeal involves the termination of a fathers parental
rights regarding two children who were brought to TN
by their mother while their father remained in California. 
The Davidson County Juvenile Court removed the children from
their mothers custody in response to an emergency petition
filed by the Department of Human Services.  Approximately
one year later, the juvenile court terminated the fathers
parental rights because he had not satisfactorily remedied
the continuing threat of harm to the children and because he
had not complied with the conditions of the childrens
foster care plan.  

Judge: WILLIAM C. KOCH, JR., JUDGE

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

IN THE MATTER OF: JEREMY D. AND NATHAN D.,  
(Children under the age of 18 years)

Court:TCA

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

Charles W. Burson               Dara A. Monifa Tippitt
Attorney General and Reporter   Heather R. Manry
                                Susan L. Brooks
William Ashby Smith, Jr.        Nashville, TN
Assistant Attorney General
                      
First Paragraph:

This appeal involves the termination of a mothers parental
rights to her two youngest sons.  The TN Department
of Human Services filed a petition in the Davidson County
Juvenile Court seeking to terminate the mothers parental
rights after repeated efforts to help the mother control her
addiction to chemical inhalants.  Following a bench trial,
the juvenile court terminated the mothers parental rights
and awarded the department permanent custody of the
children.  

Judge: WILLIAM C. KOCH, JR., JUDGE

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

RICHARD LYNN NORTON,
v. 
DON EVERHART, WARDEN, TN BOARD OF PAROLES,   

Court:TCA

RICHARD NORTON
Brushy Mountain Prison
Petros, TN
PETITIONER/APPELLANT/PRO SE

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
FOR RESPONDENTS/APPELLEES             

First Paragraph:

The captioned petitioner has appealed from the judgment of
the Trial Court sustaining the respondents motion to
dismiss his suit for certiorari from the action of the Board
of Paroles.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

JOHN POWELL,                
v.
TN BOARD OF PAROLES, CHARLES TRAUGHBER, Chairman; TOM
BIGGS, DON CHASE, ROSE HILL, JOHN HARWELL, ANCEL McDUFFEE,
ED FRIENDS, Board Members; DEBBIE MILLER, Executive
Director; JENNIFER JOHNS and TERESA THOMAS, Staff Attorneys;
JOHN McGRANAHAN, Institutional Parole Officer,

Court:TCA

JOHN POWELL #84643
Only, TN 37140
PETITIONER/APPELLANT/PRO SE

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
FOR RESPONDENTS/APPELLEES
                       
First Paragraph:

The captioned petitioner has appealed from a judgment
sustaining respondents motion to dismiss petitioners suit
wherein the complaint is captioned Petition for
Certiorari.  The complaint does not allege any specific
action of respondents which would be subject to judicial
review.  

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

STATE OF TN, v. JOHNNY CHARLES BUCK, JR.,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

George Morton Googe         Charles W. Burson
District Public Defender    Attorney General & Reporter 
      (On Appeal)         
                            Ellen H. Pollack
Pamela Drewery              Assistant Attorney General
Asst. Public Defender       Criminal Justice Division
Jackson, TN   38301         Nashville, TN 37243-0493
(At Revocation Hearing) 
                            Jerry Woodall
                            District Attorney General
                            Don Allen
                            Asst. Dist. Attorney General
                       
First Paragraph:

The appellant, Johnny Charles Buck, Jr., was placed on
intensive probation for his effective four-year sentence for
convictions of criminal impersonation, forgery, aggravated
assault, possession of a deadly weapon where alcohol is
sold, and evading arrest.  During his probationary period,
four probation violation warrants were filed against the
appellant.  Following a revocation hearing, the trial judge
revoked the appellants probation.  
Judge: PAUL G. SUMMERS, Judge

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

STATE OF TN, v. CELIA KILE DEVILLIER 

Court:TCCA

For The Appellant:          For The Appelle:

William Craig Hall          Charles W. Burson
Attorney at Law             Attorney General and Reporter
Memphis, TN 38103           Nashville, TN 37243-0485

                            Elizabeth T. Rice
                            District Attorney General
                            Somerville, TN 38068

First Paragraph:

The defendant, Celia Kile Devillier, entered pleas of guilty
to two counts of arson for which she received concurrent,
four-year sentences to be served in the TN Department
of Corrections. The issue on appeal is whether the trial
court erroneously denied sentencing her to Community
Corrections. We modify the sentencing order.

Judge: JOHN MADDUX,  SPECIAL JUDGE

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

CALVIN FIGGURES,v. STATE OF TN,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


GEORGE MORTON GOOGE         CHARLES W. BURSON
District Public Defender    Attorney General & Reporter

DANIEL J. TAYLOR            JOHN P. CAULEY
Asst. Public Defender       Asst. Attorney General
Jackson, TN  38301          Nashville, TN  37243-0493

                            JERRY WOODALL
                            District Attorney General

                            DONALD ALLEN
                            Asst. District Attorney General
                     
First Paragraph:

In September of 1989, the petitioner was convicted at a jury
trial of possession with intent to sell and/or deliver more
than thirty grams of cocaine.  The trial court sentenced him
to forty years imprisonment at Range II.  His conviction and
sentence were affirmed by this Court on direct appeal.  See
State v. Calvin Figgures, C.C.A. No. 2, Madison County
(Tenn. Crim. App. filed January 23, 1991, at Jackson).  The
petitioner later filed for post-conviction relief alleging
that his trial counsel was ineffective.  

Judge: JOHN H. PEAY, Judge

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

STATE OF TN v. GREGORY JAMES TAYLOR

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Charles W. Burson               Thomas T. Woodall
Attorney General                P. O. Box 1075
                                Dickson, TN 37056-1075
Rebecca L. Gundt                (On Appeal Only)
Assistant Attorney General
Criminal Justice Division       George Morton Googe
450 James Robertson Parkway     District Public Defender
Nashville, TN 37243-0493                
                                Joseph L. Patterson
Jerry Woodall                   Assistant Public Defender
District Attorney General       225 West Baltimore, Suite B
                                Jackson, TN 38301
Nick Nicola                     (At Hearing and On Appeal)
Asst District Attorney General
                        
First Paragraph:

This is an appeal by the State from a judgment granting a
motion to suppress evidence seized pursuant to a search
warrant pursuant to Rule 9, Tenn. R. App. P.
The only witness was the defendant who testified that at
about 12:30 or 12:45 A.M. on October 11, 1993 he lived in a
duplex on West King Street in Jackson.  There was a knock on
the door and two men, Greg Robison and Danny Mullican
identified themselves as members of the Drug Task Force. 
They told the defendant that they wanted to talk with him
about the occupant of the other side of the duplex, whom
they had on drug charges. 

Judge: JERRY SCOTT, SPECIAL JUDGE

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

STATE OF TN, 
v. 
JACQUELINE DEANNA ALEXANDER VICKERS and WILLIAM J. BOONE,
         
Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEES:

Charles W. Burson               FOR VICKERS:
Attorney General & Reporter
450 James Robertson Parkway     Patrick F. Martin
Nashville, TN 37243-0494        Hardee, Martin & Jaynes
                                Attorneys at Law
David M. Himmelreich            213 East LaFayette Street
Deputy Attorney General         Jackson, TN 38301
450 James Robertson Parkway
Nashville, TN 37243-0494        FOR BOONE:
                            
                                Henry Haile
                                Attorney at Law
                                Nashville, TN 37203

                                Carthel L. Smith, Jr.
                                Attorney at Law
                                Lexington, TN 38351
                        
First Paragraph:

The appellees, William J. Boone (Boone), and Jacqueline
Deanna Alexander Vickers (Vickers), were charged with crimes
involving securities fraud.  Vickers was also charged with
grand larceny and fraudulent breach of trust.  Vickerss
charges arose out of the same transaction. The trial court
initially held that the allegations of concealment contained
in Counts II, VI, VII, and VIII were legally sufficient to
toll the statute of limitations and avoid dismissal.  Later,
the trial court conducted an evidentiary hearing prior to
trial to determine "whether or not the State has a case
sufficient to put to the jury with regard to the statute of
limitations concealment issue." 

Judge: JOE B. JONES, JUDGE

URL:http://www.tba.org/tba_files/TCCA/VICKERSJ.OPN.WP6

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