TBALink Opinion-Flash

August 8, 1996 -- Volume #2 -- Number #72

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:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
04-New Opinons From TCA
00-New Opinons From TCCA

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TBALink Chief Editor


WAYMON FREDERIC AXLEY,  v. BEVERLY ANNE MALLETTE AXLEY,

Court:TCA

Attorneys:   N/A                       

Judge: FARMER, J.

First Paragraph:

ORDER
The Appellee has filed a motion for clarification concerning this
Courts opinion in this matter filed May 9, 1996 and Appellant has
filed a response thereto. 

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

CHRISTOPHER JOHNSON,v. TENNESSEE DEPARTMENT OF CORRECTION,              

Court:TCA

CHRISTOPHER JOHNSON
2514 Dodson Avenue
Chattanooga, Tennessee 37406
Pro Se/Petitioner/Appellant

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243
Attorney for Respondent/Appellee

Judge: BEN H. CANTRELL, JUDGE

First Paragraph:

A convicted burglar in the custody of the Department of Correction
filed a petition with the Chancery Court of Davidson County for an
order directing the Department to award him additional credits against
his sentence for time spent in jail before and after trial, and for
sentence reduction credits he allegedly earned during the same period
of incarceration.  The Chancellor found that Mr. Johnson had already
received all the credits to which he was entitled.  We affirm.

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

RICHARD GLENN KITCHENS, SR., v. DEBORAH HIZER KITCHENS, 

Court:TCA

Clyde W. Keenan
Memphis, Tennessee
Attorney for Appellant
                        
Bruce Kelley, Jr.
Memphis, Tennessee
Attorney for Appellee

Judge: HIGHERS, J.

First Paragraph:

In this divorce case, the primary issue is whether the trial court
erred in failing to enforce a property settlement agreement allegedly
executed ten years prior to the filing of the present complaint for
divorce.

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

MICHAEL ANTHONY LADD, a minor, by VIRGINIA LADD, as next friend and
legal guardian,
v.
HONDA MOTOR CO., LTD.; HONDA R & D CO., LTD.; AMERICAN HONDA MOTOR
CO., INC.; BOWLING GREEN CYCLES, INC.; and ERBY L. GIVENS,

Court:TCA

For the Plaintiff/Appellant:        For the Defendants/Appellees:

Joe Bednarz                         Linda J. Hamilton Mowles
Nashville, Tennessee                R. Dale Bay
                                    Lewis, King, Krieg & Waldrop
                                    Knoxville, Tennessee

Judge: WILLIAM C. KOCH, JR.

First Paragraph:

This appeal involves a twelve-year-old boy who became paralyzed when
he lost control of an all-terrain vehicle and crashed into a utility
pole.  The boy sued the manufacturer of the all-terrain vehicle in the
Circuit Court for Sumner County, alleging that its advertisements
falsely and misleadingly depicted all-terrain vehicles as safe enough
to be operated by children.  The jury returned a verdict for the
manufacturer following a lengthy trial, and the child and his mother
appealed.  We have determined that the trial courts instructions did
not fairly appraise the jury of the plaintiffs theory of the case and
that its supplemental instructions confused the jury about the
significance of their verdict.  Therefore, we reverse the judgment and
remand the case for a new trial.

URL:http://www.tba.org/tba_files/TCA/LADDMA.OPN.WP6

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