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.
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STATE OF TENNESSEE, v. DERRON BURROUGHS, Court:TSC For Appellant: For Appellee: Mark E. Stephens Charles W. Burson District Public Defender Attorney General and Reporter R. Scott Carpenter Darian B. Taylor Assistant Public Defender Assistant Attorney General Knoxville, TN Nashville, TN Randall E. Nichols District Attorney General Tony Stansberry Assistant District Attorney General Knoxville, TN Judge: BIRCH, C.J. First Paragraph: We accepted this case in order to discuss the criteria for determining when the action of a private individual in conducting a warrantless search of a dormitory room qualifies the individual as a state agent and the conduct as state action. In this case, we have concluded that the individual was not a state agent. URL:http://www.tba.org/tba_files/TSC/BURROUGH.OPN.WP6 KENNETH R. JOHNSON and RONDA JOHNSON, v. WILLIAM E. HARDIN, M.D. and FAMILY MEDICINE ASSOCIATES, Court:TSC For the Appellants: For the Appellees: Steve North Robert L. Trentham Nashville, TN Mark Tyler Seitz TRABUE, STURDIVANT & DeWITT Daniel D. Warlick Nashville, TN WARLICK & TODD Nashville, TN Judge: WHITE, J. First Paragraph: In this case plaintiffs contend that the trial courts unauthorized "dynamite charge" to the deadlocked jury requires that the judgment be set aside and a new trial granted. Defendants, however, urge that we should sustain the Court of Appeals dismissal of this appeal based on plaintiffs failure to comply with Rule 24, Tennessee Rules of Appellate Procedure. For the reasons discussed below, we conclude that the intermediate courts dismissal of the appeal was error and that the case must be remanded for a new trial because the trial courts instruction to the deadlocked jury violated Tennessee law. URL:http://www.tba.org/tba_files/TSC/JOHNSNKR.OPN.WP6 NANCYE L. LUCIUS and RICHARD S. BURNS,v. CITY OF MEMPHIS, Court:TSC For Appellant Lucius: For Appellee: John J. Heflin, III Monice Moore Hagler BOURLAND, HELFIN, ALVAREZ, L. Kenneth McCown, Jr. HOLLEY & MINOR Memphis, TN Memphis, TN For Appellant Burns: Melanie M. Shuttleworth SHUTTLEWORTH & WILKINSON Memphis, TN Judge: WHITE, J. First Paragraph: In this suit for personal injury and property damage, the Court must decide whether municipalities are liable for post-judgment interest on judgments rendered under the Governmental Tort Liability Act (hereafter GTLA), Tenn. Code Ann. 29-20-101 et seq. (1980 Repl. & 1995 Supp.). For the reasons explained below, we hold that judgments obtained pursuant to the GTLA accrue post-judgment interest. The judgment of the Court of Appeals holding to the contrary is therefore reversed and that of the trial court reinstated. URL:http://www.tba.org/tba_files/TSC/LUCIUS.OPN.WP6 FREDERICK TURNER RAY, a Minor by Next Friend and Natural Mother, ERMA L. HOLMAN, v. BIC CORPORATION, Court:TSC For Plaintiff/Petitioner: For Defendant/Respondent: L. Anthony Deal J. Brook Lathram Paul Berry Cooper, III Susan M. Clark Memphis, TN Memphis, TN Judge: WHITE, J. First Paragraph: In this Rule 23 case we are called upon to address whether our products liability statute, codified at Tennessee Code Annotated Section 29-28-101 -108, provides for a risk-utility test in addition to the consumer expectation test for determining whether a product is unreasonably dangerous. For the reasons set forth below, we hold that our present statute provides for two tests: the consumer expectation test and the prudent manufacturer test. The latter requires risk-utility balancing in its application. URL:http://www.tba.org/tba_files/TSC/RAYFT.OPN.WP6 BEAMAN BOTTLING COMPANY, v. JOE B. HUDDLESTON, as Commissioner of Revenue for the State of Tennessee, Court:TCA JAMES W. CAMERON, III C. MARK PICKRELL Harwell Howard Hyne Gabbert & Manner, P.C. 1800 First American Center 315 Deaderick Street Nashville, Tennessee 37238 ATTORNEYS FOR PLAINTIFF/APPELLANT CHARLES W. BURSON Attorney General and Reporter JONATHAN D. SHELL Assistant Attorney General Attorney General's Office Tax Division 404 James Robertson Parkway Suite 2121 Nashville, Tennessee 37243-0489 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: SAMUEL L. LEWIS, JUDGE First Paragraph: Plaintiff, Beaman Bottling Company (Beaman), appeals the decision of the chancery court granting summary judgment in favor of defendant, the Commissioner of Revenue for the State of Tennessee (Commissioner). On appeal, Beaman claims that the court erred in finding that Beaman was not exempt from the tax imposed by Tennessee Code Annotated section 67-4-402(b), the privilege tax on bottlers and manufactures of soft drinks. The facts out of which this matter arose are as follows. URL:http://www.tba.org/tba_files/TCA/BEAMAN.OPN.WP6 HOOVER, INC., v. RUTHERFORD COUNTY, A Political Subdivision of the State of Tennessee; ED ELAM County Court Clerk of Rutherford County, Tennessee; and CHARLES W. BURSON, Attorney General of the State of Tennessee Court:TCA GRANDVILLE S. R. BOULDIN, JR. 122 North Church Street Murfreesboro, Tennessee 37130 ATTORNEY FOR PLAINTIFF/APPELLANT JEFF REED 16 Public Square North P.O. Box 884 Murfreesboro, Tennessee 37133-0884 ATTORNEY FOR DEFENDANT/APPELLEE Judge:HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION First Paragraph: The Plaintiff, Hoover, Inc., has appealed from a summary judgment dismissing its suit against the captioned defendants seeking refund of mineral severance taxes paid under protest. On appeal, the only issue presented by Plaintiff is: Whether Chapter 111, Private Acts of 1983, authorizing the collection of severance tax by Rutherford County, was unconstitutional. URL:http://www.tba.org/tba_files/TCA/HOOVERIN.OPN.WP6 JUDY PARRISH, v. HOSPITAL CORPORATION OF AMERICA, d/b/a CENTENNIAL MEDICAL CENTERS Court:TCA C. J. Gideon, Jr. GIDEON & WISEMAN 414 Union Street Suite 1900, NationsBank Plaza Nashville, TN 37219 ATTORNEY FOR PLAINTIFF/APPELLEE Sonya W. Henderson 218 W. Main Street Suite One Murfreesboro, Tennessee 37130 ATTORNEY FOR DEFENDANT/APPELLANT Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION First Paragraph: The captioned Plaintiff has appealed from a summary judgment dismissing her suit against the captioned Defendant for the wrongful death of Whitney Parrish by suicide while a patient in Defendants hospital. URL:http://www.tba.org/tba_files/TCA/PARRISHJ.OPN.WP6 THOMAS S. TOWE and AMBASSADOR REALTY & INVESTMENT CORPORATION, v. JEFFREY S. BROCK, Court:TCA HOLLINS, WAGSTER & YARBROUGH, P.C. James L. Weatherly, Jr. #0954 2210 SunTrust Center, 22nd Floor 424 Church Street Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFFS/APPELLANTS WEED, HUBBARD, BERRY & DOUGHTY Douglas Berry #6927 Suite 2900 Third National Financial Center Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION First Paragraph: The captioned Plaintiffs have appealed from the judgment of the Trial Court dismissing their suit against the captioned defendant for breach of contract on grounds of res judicata (decided in a previous action). URL:http://www.tba.org/tba_files/TCA/TOWETS.OPN.WP6 JOHN RUSSELL WALKER and SHARON DENISON WALKER, v. VLD, INC., d/b/a McDONALD'S, B.F. MYERS FURNITURE and APPLIANCE COMPANY, INC., SK PRODUCTS CORP., GL FURNITURE (PAHANG) SDN. BHD., GENERAL LUMBER FURNITURE SDN. BHN., McDONALD'S CORPORATION, EM-CAR ENTERPRISES AND LANG FURNITURE (PAHANG) SDN. BHD., Court:TCA RICHARD BARANYI P. O. Box 2183 Hendersonville, Tennessee 37075 ATTORNEY FOR PLAINTIFFS/APPELLEES KATHERINE A. BROWN Baker, Donelson, Bearman & Caldwell 1700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANTS/APPELLANTS Judge: SAMUEL L. LEWIS, JUDGE First Paragraph: We granted permission to appeal pursuant to Tennessee Rule of Appellate Procedure 9 to determine whether the trial court correctly held that defendants/appellants, GL Furniture (Pahang) Sdn. Bhd. ("GL Furniture") and General Lumber Furniture Sdn. Bhn. ("GLFSB"), were properly served with process and were properly before the trial court. The facts out of which this case arose are as follows. URL:http://www.tba.org/tba_files/TCA/WALKERJO.OPN.WP6
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