TBALink Opinion-Flash

June 16, 1997 -- Volume #3 -- Number #60

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):
01-New Opinons From TSC
00-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
14-New Opinons From TCA
00-New Opinons From TCCA

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TBALink Chief Editor


TAMMY R. GANZEVOORT
vs.
RICHARD B. RUSSELL, MARTHA T.
RUSSELL, AND JIM CASSETTY d/b/a
JIM CASSETTY REALTY

Court:TSC

Attorneys:   

For Plaintiff-Appellant:            For Defendants-Appellees:

Michael W. Edwards                  John R. Bradley
Hendersonville                      Hendersonville
                                           

Judge: REID

First Paragraph:

This case presents for review the decision of the Court of Appeals
reversing the trial court and dismissing an action for violation of
the Tennessee Consumer Protection Act brought by the purchaser of
residential real property against the seller and the seller's broker. 
The judgment of the Court of Appeals dismissing the suit is affirmed.
JUDGMENT OF COURT OF APPEALS AFFIRMED; JUDGMENT OF TRIAL COURT
REVERSED.

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

ELMER BRAMLETT
vs.
BENDIX ALLIED SIGNAL, INC.  
and LARRY BRINTON, DIRECTOR
OF THE SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellees:

R. Jerome Shepherd                  Thomas E. LeQuire
2180 N. Ocoee St.                   David C. Nagle
Cleveland, TN  37311                Suite 200, Flatiron Bldg.
                                    707 Georgia Ave.
                                    Chattanooga, TN  37402

                                    Sandra E. Keith
                                    1510 Parkway Towers
                                    404 James Robertson Pkwy.
                                    Nashville, TN  37243-0499                         

Judge: THAYER

First Paragraph:

Plaintiff, Elmer Bramlett, has appealed from the action of the trial
court in dismissing his claim for benefits.  The Circuit Judge found
plaintiff had failed to establish he had sustained a new or additional
compensable injury on March 16, 1994. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/BRAMLETT_OPN.WP6
Opinion-Flash

HOSSEIN AGHILI
vs.
HAMIDEH SABA SAADATNEJADI

Court:TCA

Attorneys:   

For the Plaintiff/Appellee:         For the Defendant/Appellant:

D. Scott Parsley                    Peggy D. Mathes
BARRETT, JOHNSTON & PARSLEY         Nashville, Tennessee
Nashville, Tennessee                       

Judge: KOCH

First Paragraph:

This appeal involves the validity of an Islamic marriage.  Shortly
after the marriage, the husband filed suit in the Circuit Court for
Davidson County seeking a divorce or, in the alternative, an
annulment.  After the wife counterclaimed for a divorce, the husband
moved for a summary judgment on his annulment claim.  The trial court
granted the summary judgment, finding that the undisputed evidence
demonstrated that the officiant was not qualified to perform the
marriage under Islamic law and that the officiant had failed to file
the marriage license within the legally prescribed time.  The wife
takes issue on this appeal with the trial court's conclusion that the
marriage was void ab initio.  We have determined that the trial court
erred and, therefore, reverse the summary judgment. REVERSED AND
REMANDED.

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

BONNIE MAE BAIN
vs.
CITY OF MURFREESBORO, TENNESSEE

Court:TCA

Attorneys:  

JOSEPH H. JOHNSTON
P. O. Box 120874
Nashville, Tennessee  37212
    ATTORNEY FOR PLAINTIFF/APPELLEE

ALAN T. FISTER
Stewart, Estes & Donnell
424 Church Street, 14th Floor
Nashville, Tennessee  37219
    ATTORNEY FOR DEFENDANT/APPELLANT                        

Judge: LEWIS

First Paragraph:

This is an appeal by defendant/appellant, the City of Murfreesboro
("the City"), from the decision of the Rutherford County Circuit Court
awarding $27,036.10 to plaintiff/appellee, Bonnie Mae Bain, for
injuries suffered by Ms. Bain as a result of negligence on the part of
two of the City's police officers. AFFIRMED AND REMANDED.

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

RICHARD C. CANADA and wife  
SHARON CANADA
vs.
ACE CODENT, ZAHN DENTAL COMPANY,
INC., and HENRY SCHEIN, INC.
and
ACECODENT INCORPORATED

Court:TCA

First Paragraph:

On September 23, 1996, we filed our opinion in this case.  The Supreme
Court granted the appellants' application for permission to appeal and
remanded this matter to us by order entered May 5, 1997.  We were
directed by that court to reconsider this case in light of the Supreme
Court's opinion in Cobb v. Beier, S/C No. 03S01-9610-CV-00106 (Supreme
Court at Knoxville, April 28, 1997).

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

DAVID ALAN DUNEHEW
vs.
DONNA LYNN DUNEHEW

Court:TCA

Attorneys: 

James D. Causey, Memphis,
Jean E. Markowitz, Memphis, 
for Defendant/Appellant.

Charles E. Hodum, Collierville,
Mitzi C. Johnson, Memphis,
for Plaintiff/Appellee.                        

Judge: FARMER

First Paragraph:

David Alan Dunehew (Husband) and Donna Lynn Dunehew (Wife) were
divorced by final decree entered November 15, 1995 after approximately
20 years of marriage.  Wife has appealed from the final decree
challenging the trial court's classification and division of the
marital estate and its failure to award rehabilitative alimony or
alimony in futuro.  For reasons hereinafter set forth, we affirm as
modified. AFFIRMED AS MODIFIED AND REMANDED.

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

BOYD F. GENTRY, WILLIAM T. 
GENTRY, LAURA D. PRATER, 
NORA B. FANN, CECIL V. 
GENTRY, HAROLD L. GENTRY,
MARION SUE GRIFFITH, ANN
STONE, NORA DAUGHTRY,
ELISE M. CLOWERS, and TOMMY
E. MAHAFFA
vs.
DOROTHY RIGSBY, Individually and
as Executrix of the Estate of
LONNIE B. MAHAFFA, Deceased,

Court:TCA

Attorneys:  

H. Thomas Parsons; Parsons, Nicholas & Johnson of Manchester
For Appellant

J. Stanley Rogers; Rogers, Richardson & Duncan of Manchester
For Appellees
                        
Judge: CRAWFORD

First Paragraph:

This appeal involves a will contest concerning the Last Will and
Testament of Lonnie B. Mahaffa and also involves a contest as to
certain bank accounts of the decedent.  The contestants are Lonnie B.
Mahaffa's eleven nieces and nephews, and the proponent of the will is
Dortha (Dorothy) Rigsby, a friend of the testator and the executrix of
Mahaffa's estate.  Dorothy Rigsby appeals from the judgment on the
jury verdict finding that a paper writing dated March 11, 1992 is not
the Last Will and Testament of Lonnie B. Mahaffa and awarding two bank
accounts to Mahaffa's estate.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/GENTRY2_OPN.WP6
Opinion-Flash

BRIAN PATRICK GRANT
vs.
TONYA RENEE' FORTUNE GRANT

Court:TCA

First Paragraph:

Appellant has filed a Petition for Rehear in this cause, to which a 
response has been filed. After due consideration, it appears that 
this court's opinion, on page 4 thereof, inadvertently stated that
"Wife complained of physical abuse and neglect", rather than "verbal 
abuse and neglect", as borne out by the record.

URL:http://www.tba.org/tba_files/TCA/GRANTBR2_ORD.WP6
Opinion-Flash

RENEE HENDERSON
vs.
JERRY HARLAN, d/b/a 
LODGE QUARTERS RIVERGATE

Court:TCA

Attorneys:  

PHILLIP R. NEWMAN
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, Tennessee
Attorney for Appellant


WORRICK G. ROBINSON, IV
ADAMS & WHITEAKER, P.C.
Nashville, Tennessee
Attorney for Appellee
                        
Judge: HIGHERS

First Paragraph:

Jerry Harlan, d/b/a Lodge Quarters Rivergate ("Defendant") appeals the
judgment of the circuit court arguing that the circuit court erred in
refusing to allow him to voluntarily dismiss his appeal from general
sessions court.  REVERSED AND DISMISSED.

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

ABDULLAH JIHAD ABDUL JAAMI
vs.
ROBERT CONLEY, WARDEN, et al.

Court:TCA

Attorneys:         

ABDULLAH JIHAD ABDUL JAAMI, #73179
Lake County Regional Prison
Route 1, Box 330
Tiptonville, Tennessee 38079
    Pro Se/Plaintiff/Appellant

JOHN KNOX WALKUP
Attorney General and Reporter

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

Judge: CANTRELL

First Paragraph:

A prisoner in the custody of the Department of Correction petitioned
the chancery court for a Writ of Mandamus to compel the Department to
change his security classification, so that he might be transferred to
a minimum security annex or to a community corrections center.  The
chancellor dismissed the petition. We affirm. AFFIRMED AND REMANDED.

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

JENKINS DENTAL ARTS, INC.   
vs.
ACE CODENT, ZAHN DENTAL COMPANY,
INC., and HENRY SCHEIN, INC.
and                         
ACECODENT INCORPORATED

Court:TCA

First Paragraph:

On September 23, 1996, we filed our opinion in this case.  The Supreme
Court granted the appellant's application for permission to appeal and
remanded this matter to us by order entered May 5, 1997.  We were
directed by that court to reconsider this case in light of the Supreme
Court's opinion in Cobb v. Beier, S/C No. 03S01-9610-CV-00106 (Supreme
Court at Knoxville, April 28, 1997).

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

THELMA W. KELLEY
vs. 
JOHN E. VANCE and   
BETTY L. VANCE
and
ALLSTATE INSURANCE COMPANY

Court:TCA

First Paragraph:

This cause was regularly heard and considered by the court.  IT IS NOW
ORDERED that the judgment of the Trial Court is affirmed, and the
cause remanded.  The costs of appeal are adjudged to appellant, for
which execution may issue if necessary.

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

PACIFIC PROPERTIES
vs.
HOME FEDERAL BANK   
OF TENNESSEE
vs.
MICHAEL S. STALCUP

Court:TCA

Attorneys: 

W. W. Davis, Jr., Knoxville, for Appellant.
John B. Waters, III, Knoxville, for Appellee.                         

Judge: INMAN

First Paragraph:

This action for conversion was submitted to a jury which returned a
general verdict for the plaintiff, thereby implicitly finding that the
fact-driven principal defense of the Statute of Limitations was not
well-taken.  Home Federal appeals and presents for review issues
which, as paraphrased, question the propriety of the submission of the
case to the jury, whether the defense of Statute of Limitations was
well-taken, as a matter of law, whether requested jury instructions
should have been given and whether the drawer of a check adequately
instructed the drawee Bank as to its disposition. AFFIRMED.

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

CRYSTAL M. TRUEITT
vs.
ALAN A. McCURRY 
                          
CARMEN Y. SILVELS, Individually
and as Mother, Next Friend and
for the Benefit of CHRISTOPHER  
M. SILVELS, a Minor Child
vs.
ALAN A. McCURRY

Court:TCA

Attorneys: 

JOHN W. McCLARTY OF CHATTANOOGA FOR APPELLANT CRYSTAL M. TRUEITT and
APPELLANT CARMEN Y. SILVELS

ROBERT L. WIDERKEHR, JR. OF CHATTANOOGA FOR APPELLEE
                         
Judge: Goddard

First Paragraph:

Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother
and next friend of Christopher M. Silvels, a minor, appeal judgments
rendered in their favor in the Circuit Court for Hamilton County in
the amounts of $1,033.36; $1,004.60; and $96.50, respectively.
AFFIRMED IN PART; VACATED IN PART; and REMANDED.

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

GLENDA JOAN COLLINS WHISENHUNT
vs.
GORDON LEE WHISENHUNT

Court:TCA

Attorneys:

For the Plaintiff/Appellee:         For the Defendant/Appellant:

James D. Causey                     Robert A. Wampler
Jean E. Markowitz                   Memphis, Tennessee
Memphis, Tennessee                          

Judge:  LILLARD

First Paragraph:

This is an appeal from a final divorce decree.  Appellant Gordon Lee
Whisenhunt ("Husband") challenges, inter alia, the amounts awarded to
Appellee Glenda Joan Collins Whisenhunt ("Wife") for child support,
alimony, marital debts, and attorneys' fees.  We affirm as modified.
AFFIRMED AS MODIFIED.

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

HARRY J. WOOD, JR. and  
CATHERINE D. WOOD, as next
of kin as Administrators of the 
Estate of Marc James Wood,  
deceased, and Individually
vs.
MARCUS M. PROSSER
McDONOUGH CAPERTON  
INSURANCE ADMINISTRATORS

Court:TCA

Attorneys:  

For the Plaintiffs/Appellees:       For the Intervenor/Appellant:

Daniel B. Eisenstein                John D. Schwalb
Nashville, Tennessee                Brewer, Krause, Brooks & Mills
                                    Nashville, Tennessee                        

Judge: KOCH

First Paragraph:

This appeal involves the right of an employee benefit plan to be
reimbursed for its payment of the medical expenses of one of its
members who was killed in an automobile collision.  The parents of the
deceased employee filed a wrongful death action in the Circuit Court
for Davidson County against the driver of the other vehicle involved
in the collision.  The plan intervened in the parents' action seeking
to recover the medical payments it had made on their son's behalf. 
After the parents settled the wrongful death claim, the trial court
held that the plan was not entitled to be reimbursed from the
settlement proceeds.  The plan appealed.  We have determined that the
trial court erred and that the plan has a contractual right to be
reimbursed from the proceeds of the settlement of the wrongful death
action. REVERSED AND REMANDED.

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

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