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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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