TBALink Opinion-Flash

January 6, 1997 -- Volume #3 -- Number #003

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 Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
03-New Opinions From TCA
00-New Opinions From TCCA

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George Dean
TBALink Chief Editor


HERBERT CARSON BRANUM 
vs. 
CITY OF MAYNARDVILLE, PAUL BOWMAN, BILL P. GRAVES,  RUSSELL
GILLENWATER, LEN PADGETT and H. E. RICHARDSON

Court:TCA

Attorneys:  

BYRON D. BRYANT OF KNOXVILLE FOR APPELLANT
JON G. ROACH OF KNOXVILLE FOR APPELLEES                        

Judge: Goddard

First Paragraph:

Plaintiff Herbert Carson Branum appeals dismissal of his suit against
the City of Maynardville and its Commissioners, seeking reinstatement
to his position as Water Commissioner and damages for his wrongful
discharge, both compensatory and exemplary.  He also seeks an order
enjoining the Defendants "from any further ultra vires acts against
the Plaintiff" based upon his contention that they had violated
certain of our State Statutes. The complaint in major part seeks
relief under the Tennessee Governmental Tort Liability Act for which
the Circuit Court of this State has exclusive jurisdiction.  T.C.A.
29-20-307.  In light of this and the fact the suit was brought in the
Chancery Court, it is necessary that we affirm dismissal of the case,
not on the merits but because the Chancery Court lacks jurisdiction to
hear it.

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

BILLY CASTLEMAN
vs.
ROSS ENGINEERING, INC.

Court:TCA

Attorneys: 

T. Robert Hill,
Randall J. Phillips,
HILL BOREN, P.C., Jackson, Tennessee
Attorneys for Plaintiff/Appellant.

William B. Walk, Jr.,
THE HARDISON LAW FIRM, P.C., Memphis, Tennessee
Attorney for Plaintiff/Appellee.                         

Judge: FARMER

First Paragraph:

In this appeal, we are asked to consider whether an employer's
workers' compensation carrier is entitled to be reimbursed, for
benefits paid to an employee, from the "net recovery" obtained by the
employee in a third party tort action, if the judgment attributes a
portion of the fault for the employee's injuries to the employer.  We
note that this case comes to us in a rather unique posture, having
been decided after McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992),
wherein the doctrine of comparative fault was adopted by our supreme
court, but prior to that court's decision in Ridings v. Ralph M.
Parsons Co., 914 S.W.2d 79 (Tenn. 1996).  In Ridings, the plaintiff
employee pursued a third party action for alleged injuries sustained
in the course and scope of employment.  The defendants attempted to
assert the employer's negligence as an affirmative defense.  Ridings,
914 S.W.2d at 80.  Ridings held that no fault could be attributed to
the employer, reasoning that there "is a well-defined public policy
for not imposing tort liability on the employer."  Id. at 83.  Ridings
concluded that the employee's right to recover on allegations of
negligence and strict liability would be assessed without reference to
the employer's conduct.  Id. at 84. AFFIRMED AND REMANDED.

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

IN RE: ESTATE OF B. RAY THOMPSON, SR.

B. RAY THOMPSON, JR., Individually, and as Co-Trustee
Under An Agreement with B. Ray Thompson, Sr., Dated                         )   
January 9, 1987
vs.
LINDSAY YOUNG, CARL C. ENSOR, JR., and MERLE D. WOLFE,
Individually and as Executors under the will of B. Ray
Thompson, Sr., Deceased

Court:TCA

Attorneys:

R. LOUIS CROSSLEY, JR., OF KNOXVILLE; EUGENE G. PARTAIN and JAMES C.
SNYDER, JR., OF ATLANTA, GEORGIA FOR APPELLANT

DAVID T. BLACK OF MARYVILLE and MARK BAKER OF HOUSTON, TEXAS FOR
APPELLEE LINDSAY YOUNG

GEORGE W. MORTON OF KNOXVILLE FOR APPELLEES CARL C. ENSOR, JR., and
MERLE D. WOLFE

Judge: Goddard

First Paragraph:

We granted a Rule 9 appeal in this case to resolve an impasse between
the Circuit Court for Blount County, Equity Division, and the Probate
Court for Blount County--which by Private Act is the General Sessions
Court--to determine which Court has jurisdiction to resolve the
allegations of the complaint in this case. VACATED AND REMANDED.

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

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