TBALink Opinion-Flash

April 07, 1997 -- Volume #3 -- Number #039

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

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
MICHAEL DEAN BUSH

Court:TSC

Attorneys:                          

FOR APPELLANT:                      FOR APPELLEE:

Martelia T. Crawford                John Knox Walkup
Cookeville, Tennessee               Attorney General & Reporter
                            
Richard McGee                       Michael E. Moore
Nashville, Tennessee                Solicitor General
                            
                                    Gordon W. Smith
                                    Associate Solicitor General

                                    Amy L. Tarkington
                                    Assistant Attorney General
                                    Nashville, Tennessee

                                    William Edward Gibson
                                    District Attorney General

                                    Owen G. Burnett
                                    John A. Moore
                                    Lillie Ann Sells
                                    David A. Patterson  
                                    Asst. District Attorneys General
                                    Cookeville, Tennessee
                                    
Judge: DROWOTA

First Paragraph:

In this capital case, the defendant, Michael Dean Bush, was convicted
of premeditated first degree murder and first degree burglary.  In the
sentencing hearing, the jury found two aggravating circumstances: (1)
"[t]he murder was especially heinous, atrocious or cruel in that it
involved torture or serious physical abuse beyond that necessary to
produce death;" and (2) "[t]he murder was committed for the purpose of
avoiding, interfering with or preventing a lawful arrest or
prosecution of the defendant or another."  Tenn. Code Ann. 
S39-13-204(i)(5) and (6) (1991).  Finding that the two aggravating
circumstances outweighed mitigating circumstances beyond a reasonable
doubt, the jury sentenced the defendant to death by electrocution.
TRIAL COURT AND COURT OF CRIMINAL APPEALS AFFIRMED.

URL:http://www.tba.org/tba_files/TSC/BUSH_OPN.WP6
Opinion-Flash

MAXINE O. MASON
vs.
KENNETH M. SEATON AND WIFE, 
LAUREL SEATON d/b/a GRAND HOTEL

Court:TSC

Attorneys: 

For Plaintiff-Appellee:             For Defendants-Appellants:

James H. Ripley                     Douglas L. Dutton
  Sharp & Ripley                    Amy V. Hollars
Sevierville                         Hodges, Doughty & Carson
                                    Knoxville                          

Judge: REID

First Paragraph:

This case presents for review the decision of the Court of Appeals,
reversing the trial court, that the action of retaliatory discharge
"for refusing to remain silent about illegal activities" does not
require a showing that the employer expressly or implicitly directed
the employee to remain silent about the illegal activity.  This Court
affirms the decision and rationale of the Court of Appeals. JUDGMENT
OF COURT OF APPEALS AFFIRMED; CASE REMANDED TO TRIAL COURT. 

URL:http://www.tba.org/tba_files/TSC/MASON_OPN.WP6
Opinion-Flash

JOE C. MEIGHAN, JR., FOR HIMSELF, AND ALL OTHERS 
SIMILARLY SITUATED
vs.
U.S. SPRINT COMMUNICATIONS COMPANY

Court:TSC

Attorneys:

For Plaintiffs-Appellants:          For Defendant Appellee:

Donald K. Vowell                    John B. Rayson
Robert R. Carl                      Adrienne L. Anderson
Rainwater, Humble & Vowell          Kramer, Rayson, Leake,
Knoxville                           Rodgers & Morgan
                                    Knoxville
A. James Andrews
Knoxville

Thomas A. Snapp
Knoxville

For Plaintiffs Lawrence E. McCumber
and Patricia Ann McCumber:

Ben W. Hooper, III
Campbell & Hooper
Newport

R. J. Tucker
Newport

Tom Jessee
Jessee & Jessee
Johnson City                          


Judge: REID

First Paragraph:

The case is before the Court on a petition for writ of mandamus.  This
is one of three cases in which landowners have filed suit against U.S.
Sprint Communications Company (Sprint), asserting claims for inverse
condemnation and trespass and seeking certification as a class action.
Buhl v. Sprint and the instant case, Meighan, have been before this
Court on appeal.  The relief sought is an order directing the trial
court in McCumber v. Sprint to vacate its order certifying a class
action and to defer to the trial court in this case on that issue. 
The Court, heretofore, entered an order staying the proceedings in all
three cases pending this hearing. PETITION FOR WRIT OF MANDAMUS
DENIED; ORDER STAYING PROCEEDINGS IN TRIAL COURTS LIFTED.

URL:http://www.tba.org/tba_files/TSC/MEIGHAN4_OPN.WP6
Opinion-Flash

RONALD WAYNE HILL
vs.
EAGLE BEND MANUFACTURING, INC.,             
TRANSPORTATION INSURANCE COMPANY

and
                
LARRY BRINTON, JR., DIRECTOR OF THE DIVISION 
OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT 
OF LABOR, SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys: 

For Plaintiff-Appellant             For Defendant-Appellee
        
John T. March                       Charles W. Burson
David H. Dunaway                    Attorney General & Reporter
Dunaway & Associates            
Lafollette, Tennessee               Dianne Stamey Dycus
                                    Senior Counsel
                                    Civil Division
                                    Office of the Attorney General
                                    Nashville, Tennessee                         

Judge: DROWOTA

First Paragraph:

The Special Workers' Compensation Appeals Panel, upon reference for
findings of fact and conclusions of law pursuant to Tenn. Code Ann. 
S50-6-225(e)(5) (Supp. 1996), found that Hill had suffered only an
increase in pain, not a compensable injury by accident, and dismissed
the case.  Thereafter, Hill filed a motion for full court review of
the Panel decision pursuant to Tenn. Code Ann. S50-6-225(e)(5)(B)
(1996 Supp.). We granted the motion for review to determine whether
Hill suffered a work-related injury by accident which would entitle
him to receive workers' compensation benefits for the physical
impairment and for any related mental disorder.  After carefully
examining the record before us and considering the relevant
authorities, we affirm the trial court's finding that Hill suffered a
work-related injury by accident which rendered him totally and
permanently disabled. JUDGMENT OF TRIAL COURT AFFIRMED.

http://www.tba.org/tba_files/TSC_WCP/HILLR2_OPN.WP6
----------------------------------------------------------------------
[ ] Get file "TSC Workers Comp Panel:HILLR2_OPN.WP6"
URL:http://www.tba.org/tba_files/TSC_WCP/HILLR2_OPN.WP6
Opinion-Flash

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