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TBALink Opinion-Flash
November 4, 1996 -- Volume #2 -- Number #95
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:
- 02-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 01-New Opinons From TCCA
- 02-New Opinons From TSC
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George Dean
TBALink Chief Editor
STATE OF TENNESSEE, EX REL. JOHN JAY HOOKER v. BROOK THOMPSON, ET AL. STATE OF TENNESSEE, EX REL. LEWIS LASKA v. BROOK THOMPSON, ET AL. Court:TSC Attorneys: N/A Judge: Wm. H. D. Fones First Paragraph: ORDER The motion of Appellant John Jay Hooker to amend the style of these cases to cure the omission of, and to spell out his middle name, is granted. It is ordered that the attached page one be and it is hereby substituted in the place and stead of the page one of the opinion filed herein on October 2, 1996. URL:http://www.tba.org/tba_files/TSC/HOOKER.OP3.WP6
LEONARD L. ROWE,
v.
BOARD OF EDUCATION of the CITY OF CHATTANOOGA; and DR. HARRY REYNOLDS,
SUPERINTENDENT of SCHOOLS of the CITY OF CHATTANOOGA, TENNESSEE,
Court:TSC
FOR PLAINTIFF/APPELLEE: FOR DEFENDANTS/APPELLANTS:
Richard T. Klinger Randall L. Nelson
Kennedy, Fulton, Koontz & Farinash City of Chattanooga, City Attorney
Chattanooga, Tennessee Chattanooga, Tennessee
Michael A. McMahan &
Kenneth O. Fritz, Special Counsel
Chattanooga, Tennessee
FOR AMICUS CURIAE DON LOFTIS
SUPERINTENDENT OF SCHOOLS, HAMILTON COUNTY:
William E. Godbold, III & D. Scott Bennett
Chattanooga, Tennessee
Judge: DROWOTA
First Paragraph:
The Board of Education of the City of Chattanooga and Dr. Harry
Reynolds, Superintendent of Chattanooga schools, appeal from the Court
of Appeals' decision finding that Leonard L. Rowe was deprived of
liberty without due process of law by a Board policy which renders any
employee previously terminated "for cause, inefficiency, or
immorality" ineligible for future employment within the Chattanooga
school system. The primary issue for our review is whether adoption
of Board policy 4117.5 deprived Rowe of a constitutionally protected
property or liberty interest to which the requirements of procedural
due process apply. For the reasons that follow, we conclude that due
process is not implicated because the Board policy did not deprive
Rowe of either a protected property or liberty interest. Accordingly,
the judgment of the Court of Appeals is reversed.
URL:http://www.tba.org/tba_files/TSC/ROWELL.OPN.WP6
J. W. ALLEN,
v.
BOB JONES
LIBERTY MUTUAL INSURANCE COMPANY
WEST TENNESSEE CONTRACTORS,INC.
SUE ANN HEAD, DIRECTOR OF THE DIVISION OF WORKERS'COMPENSATION,
TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND,
Court:TSC - Workers Comp Panel
Attorneys: FOR APPELLANT: FOR APPELLEES:
David W. Hawkins Steven C. Grubb
Bateman & Childers Phillips, Howard & Grubb
65 Union Avenue, Suite 1010 22 North Front Street
Suite 800
Memphis, TN 38103
G. Ray Bratton
Richard J. Myers
Farris, Mathews, Gilman,
Branan & Hellen, P.L.C.
One Commerce Square, Suite 2000
Memphis, TN 38103
Marc O. Dedman
424 Church Street, Suite 1350
Nashville, TN 37219
Charles W. Burson
James H. Tucker, Jr.
Suite 1510, Parkway Towers
404 James Robertson Parkway
Nashville, TN 37243-0499
Judge: CLARK
First Paragraph:
This worker's compensation appeal has been referred to the special
worker's compensation appeals panel of the Supreme Court in accordance
with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The trial
court found (1) that plaintiff was employed by Defendant Bob Jones at
the time he sustained permanent injury in the course and scope of his
employment; (2) that defendant Liberty Mutual Insurance Company
("Liberty Mutual") was the workers' compensation insurer of Bob Jones
at the time of plaintiff's injury; and (3) that the plaintiff is
permanently and totally disabled. The court awarded the maximum
compensation available under the act, with 77.5% of the total to be
paid by defendant Liberty Mutual and 22.5% to be paid by the Tennessee
Department of Labor Second Injury Fund. The court also awarded
discretionary costs to defendant West Tennessee Contractors, Inc.
("West Tennessee") against defendant Liberty Mutual.
URL:http://www.tba.org/tba_files/TSC_WCP/ALLENJW.OPN.WP6
HAZEL MANESS FLATT, v. THE INSURANCE MART, INC.,
Court:TSC - Workers Comp Panel
For Appellant: For Appellee:
Joe Hailey Carthel L. Smith, Jr.
Hailey & Seaton Lexington, Tennessee
Selmer, Tennessee
Judge: Tomlin
First Paragraph:
This workers' compensation appeal was heard by the Special Workers'
Compensation Panel in accordance with provisions of T.C.A. S
50-6-225(e)(3). We have by this opinion reported our findings of fact
and conclusions of law to the Supreme Court. Hazel Maness Flatt
("plaintiff") was employed by Gary Wright and his sister Nita
Middleton to care for their mother, Lorene F. Wright, at her residence
in Chester County. As part of her employment, plaintiff lived in Ms.
Wright's home from Monday through Friday. Other sitters provided care
for Ms. Wright on weekends. Plaintiff's job duties included fixing
meals, cleaning the house, sweeping, vacuuming, washing clothes,
taking Ms. Wright on errands, and generally just watching after her.
On about October 5, 1990, plaintiff injured her back while assisting
Ms. Wright into plaintiff's car.
URL:http://www.tba.org/tba_files/TSC_WCP/FLATTHM.OPN.WP6
STATE OF TENNESSEE, v. MITZI ANN BOYD
Court:TCCA
For Appellant: For Appellee:
Richard A. Tate Charles W. Burson
Assistant Public Defender Attorney General & Reporter
P.O. Box 839
Blountville, TN 37617 Hunt S. Brown
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Lewis Combs
Assistant District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge: GARY R. WADE
First Paragraph:
The defendant, Mitzi Ann Boyd, appeals as of right from the revocation
of her probation. In 1992, the defendant pled guilty to five counts
of forgery; the trial court imposed concurrent two-year sentences for
each offense, to be served consecutively to a prior sentence. The
entire sentence was suspended. In 1995, the trial court revoked the
defendant's probation and sentenced her to two years in Community
Corrections on the condition that she first serve 45 days in the
Sullivan County Jail.
URL:http://www.tba.org/tba_files/TCCA/BOYDMA.OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: