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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 05-New Opinons From TSC-Workers Comp Panel
- 03-New Opinons From TCA
- 01-New Opinons From TCCA
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CARL E. CHURCH vs. MONSANTO COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Patrick A. Ruth Sonya W. Henderson Julia J. Tate 218 W. Main St., Ste. 1 150 Second Ave. N., Ste. 201 Murfreesboro, TN 37130 Nashville, TN 37201 Judge: BYERS First Paragraph: This case was heard on March 15, 1996. The plaintiff alleged that he sustained work injuries on October 29, 1986 (pulmonary injury), January 21, 1986 (carpal tunnel syndrome), and January 6, 1986 (back injury). The trial court found the plaintiff's injuries were compensable and awarded the plaintiff permanent total disability plus medical costs. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/CHURCHCE_OPN.WP6 STELLA LOUISE FLATT vs. OSHKOSH B'GOSH, INC. and TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: ROBERT R. RAMSEY DONALD G. DICKERSON UPCHURCH, COLVARD, YORK & RAMSEY 310D East Broad Street P. O. Box 3549 Cookeville, TN 38501 Crossville, TN 38557-3549 Judge: RUSSELL First Paragraph: The plaintiff suffered bilateral carpal tunnel syndrome as the result of working for years at a sewing job for the defendant employer. The trial judge held that she should recover compensation for permanent partial vocational disability in the amount of 80% to each arm. The only issue presented upon this appeal is whether or not the percentage of disability awarded is appropriate under the evidence. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/FLATTSL_OPN.WP6 CAMILLE GAINES vs. AMERICAN AIRLINES, INC. Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Jonathan Cole William B. Jakes, III Baker, Donelson, Bearman Howell & Fisher & Caldwell Nashville, Tennessee Nashville, Tennessee Judge: Loser First Paragraph: In this appeal, the employer contends (1) the trial court erred in calculating the claimant's average weekly wage, (2) the trial court erred in awarding permanent partial disability benefits in excess of two and one-half times her medical impairment rating and (3) the trial court erred in awarding benefits for hypertension. The employee contends (4) the trial court erred in allowing the employer credit for certain temporary total disability benefits and (5) the appeal is frivolous. As discussed below, the panel has concluded the judgment should be modified as to the claimant's average weekly wage, but otherwise affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/GAINESC_OPN.WP6 VERNON SCOTT GOAD vs. CNA INSURANCE COMPANY, GENERAL SHALE PRODUCTS CORPORATION and LARRY BRINTON, JR., Director of Workers' Compensation, Tennessee Department of Labor Court:TSC - Workers Comp Panel Attorneys: For Appellant, CNA: For Appellee: Robert D Van de Vuurst Mark A. Skelton Steven H. Trent Rogersville, Tennessee Baker, Donelson, Bearman & Caldwell Johnson City, Tennessee Judge: Loser First Paragraph: In this appeal, the employer insists the award of permanent partial disability benefits is excessive; and the claimant or employee insists the award of permanent partial disability benefits is inadequate, the trial court erred in finding part of the claimant's claim to be time barred, the appeal should be dismissed for failure to file part of the transcript, and the appeal is frivolous. As discussed below, the panel has concluded the trial court's judgment that the claim for disability benefits resulting from a 1989 injury is time barred should be affirmed, and that the award of permanent disability benefits from a 1992 injury should be reversed and dismissed. AFFIRMED IN PART REVERSED IN PART DISMISSED. URL:http://www.tba.org/tba_files/TSC_WCP/GOADCNA_OPN.WP6 JOAN MARIE GRIFFIN vs. NATIONAL MEDICAL HOSPITAL OF TULLAHOMA, INC., with an assumed name of HARTON REGIONAL MEDICAL CENTER Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Vanessa A. Jackson Russell D. Hedges Ray, Van Cleave & Jackson, P.C. Moore & Hedges P. O. Box 1027 105 N. Atlantic St. Tullahoma, TN 37388 P.O. Box 1810 Tullahoma, TN 37388 Judge: INMAN First Paragraph: The plaintiff is 29 years old, married, and has a young child. She is learning disabled on account of a stroke when she was only four months old; she was born with congenital heart disease, and developed a pronounced scoliosis at age 12 which required the surgical implantation of rods in her back. Notwithstanding, she has held several jobs: attendant at a day care center, counter clerk at a fast-food eatery, sales clerk and cashier at a J.C. Penney store. AFFIRMED as MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/GRIFFINJ_OPN.WP6 MYRTLE MAE DALY BROWN, et al vs. NORMA JEAN BELTON DALY Court:TCA Attorneys: Carl I. Jacobson, Gregory P. Aubuchon, WYATT, TARRANT & COMBS, Memphis, Tennessee Attorney for Plaintiffs/Appellants. Joe M. Duncan, R. Porter Feild, BURCH, PORTER & JOHNSON, Memphis, Tennessee Attorney for Defendant/Appellee. Judge: FARMER First Paragraph: This appeal concerns a suit for partition and sale of real property. In June 1989, Myrtle Mae Daly Brown, Willie Myrle Daly Cruse, Mary Elizabeth Daly Wolfe and T. J. Ward filed suit against Norma Jean Belton Daly, Appellee, claiming that they each own an undivided one-fifth interest in property, identified as 700 Reed Hooker Road, as the children and surviving heirs of Earl J. Daly (hereinafter "Father") who died on August 7, 1966. They further asserted that Appellee is the rightful owner of the remaining one-fifth interest as the widow and will beneficiary of Earl W. Daly (hereinafter "Son"), their brother, who died in August 1988. Appellee filed a counter-claim contending that Son solely owned the property at the time of his death and that as the land passed to her under the terms of his will, she is the lawful owner in fee simple. Appellee asserted that Son acquired the entire property either by prescription or by transfer of equitable title from Father to Son based on a contract to purchase. Appellee also relied upon the defense of laches. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BROWNMM_OPN.WP6 ROLAND HAYES vs. JOHN DOE and SHELTER INSURANCE COMPANY Court:TCA Attorneys: RITA L. STOTTS Memphis, Tennessee Attorney for Appellant JAMES E. CONLEY, JR. THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL Attorney for Appellee, Shelter Insurance Company Judge: HIGHERS First Paragraph: In this automobile accident case, Roland Hayes ("Plaintiff") filed suit against John Doe ("Doe") for damages sustained when Plaintiff was forced to drive off the road into a tree in order to avoid a head-on collision with Doe's vehicle. Plaintiff filed a second suit against Shelter Insurance Company ("Defendant") for Defendant's alleged bad faith failure to pay Plaintiff's uninsured motorist claim under the insurance contract existing between Plaintiff and Defendant. The trial court later consolidated Plaintiff's negligence suit against Doe with Plaintiff's bad faith suit against the Defendant. After the parties stipulated that the Defendant paid Plaintiff $11,262.89 prior to trial and after the jury returned a verdict of $2,337 in favor of Plaintiff on Plaintiff's negligence claim against Doe, the trial court held that Plaintiff should recover nothing from the Defendant in accordance with the jury's verdict. Plaintiff appeals the judgment of the trial court arguing that the trial court erred in consolidating Plaintiff's negligence action against Doe with Plaintiff's bad faith action against the Defendant and in refusing to grant Plaintiff an additur or a new trial. For the reasons stated hereafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/HAYESR_OPN.WP6 METRO CONSTRUCTION CO., INC. vs. COGUN INDUSTRIES, INC. Court:TCA Attorneys: RITA L. STOTTS Memphis, Tennessee Attorney for Appellant JAMES E. CONLEY, JR. THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL Attorney for Appellee, Shelter Insurance Company Judge: HIGHERS First Paragraph: In this breach of contract case, Metro Construction Company, Inc. ("Plaintiff") filed suit against Cogun Industries, Inc. ("Defendant") for Defendant's alleged failure to pay Plaintiff under the terms of the contract between Plaintiff and Defendant. The trial court granted summary judgment in favor of Plaintiff and denied Defendant's motion to dismiss or, alternatively, to stay proceedings pending arbitration. Defendant appeals the judgment of the trial court arguing that the trial court erred in granting summary judgment in favor of Plaintiff and in not directing the case to arbitration pursuant to the arbitration clause in the contract. For the reasons stated hereafter, we reverse the judgment of the trial court which granted summary judgment in favor of Plaintiff, remand for entry of a stay order and direct this case to arbitration. URL:http://www.tba.org/tba_files/TCA/METROCON_OPN.WP6 STATE OF TENNESSEE vs. JOHN HOWARD POPE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TERRY A. FANN JOHN KNOX WALKUP WALDRON AND FANN Attorney General & Reporter 202 West Main Street Murfreesboro, TN 37130 LISA A. NAYLOR Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243 WILLIAM WHITESELL District Attorney General DALE ROBERTSON Assistant District Attorney General JOHN PRICE Assistant District Attorney General 303 Rutherford County Judicial Bldg. Murfreesboro, TN 37130 Judge: WOODALL First Paragraph: The Defendant, John Howard Pope, was convicted of DUI, 1st Offense, following a bench trial in the Circuit Court of Rutherford County. He appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. In addition to challenging the sufficiency of the evidence to support the conviction, Defendant argues that the trial court erred by denying his Motion to Suppress all evidence obtained as a result of the investigatory stop of him immediately preceding his arrest for DUI. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/POPEJH_OPN.WP6
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