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
- 02-New Opinons From TSC-Rules
- 03-New Opinons From TSC-Workers Comp Panel
- 07-New Opinons From TCA
- 02-New Opinons From TCCA
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TBALink Chief Editor
ALMA JEAN GRAYSON vs. HEALTHTRUST, INC.- THE HOSPITAL COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee Ann Buntin Steiner W. Reese Willis, III Steiner & Steiner Willis & Knight 214 Second Avenue North 215 Second Avenue North Suite 203 Nashville, TN 37201 Nashville, TN 37201-1644 Judge:WEATHERFORD First Paragraph: Plaintiff Alma Jean Grayson, has appealed from the action of the trial court in dismissing her claim for failure to give timely notice as required by TENN. CODE ANN. Section 50-6-201 and 50-6-202. URL:http://www.tba.org/tba_files/TSC_WCP/graysona_opn.WP6 TRACY JENKINS vs. BRIDGESTONE/FIRESTONE, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: Katherine Boyte Michael J. Vetter Julia J. Tate BREWER, KRAUSE, GRACEY, RUTH, HOWARD, TATE & BROOKS & MILLS SOWELL Nashville, Tennessee Nashville, Tennessee Charles R. Niewold Nashville, Tennessee Judge:Brandt First Paragraph: The dispute is between the employee, Tracy Jenkins, her employer, Bridgestone/Firestone, and her employer's previous insurer, Yasuda Fire & Marine Insurance Company. The controversy results from Jenkins' increased disability following a court-approved workers' compensation settlement. We conclude that the increased disability is compensable and pursuant to Tenn. Code. Ann. S50-6-231 she is entitled to an increase in the previous award. The statute authorizes the modification of an award on the ground of increase or decrease of incapacity due solely to the injury. URL:http://www.tba.org/tba_files/TSC_WCP/jenkinst_opn.WP6 EMILY MILLS vs. BAPTIST HOSPITAL OF EAST TENNESSEE, INC Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: James M. Moore Barry K. Maxwell MOORE & SMITH, P.C. Reuben N. Pelot, IV 706 Walnut Street, Suite 600 EGERTON, McAFEE, ARMISTEAD Knoxville, TN 37902 & DAVIS, P.C. 500 First American Center P. O. Box 2047 Knoxville, TN 37901 Judge:BYERS First Paragraph: The trial court found the plaintiff had sustained a 10 percent vocational impairment to her left lower extremity as a result of an injury to her knee on September 25, 1991. The trial court further found the plaintiff reached maximum medical improvement on March 3, 1993. Additionally, the trial court found the defendant was not liable for medical bills incurred by the plaintiff after March 3, 1993. URL:http://www.tba.org/tba_files/TSC_WCP/mills_wc.WP6 JUDICIAL ETHICS COMMITTEE ADVISORY OPINION NO. 97-3 Court:TSC - Rules First Paragraph: The committee has been asked to render an opinion for a chancellor concerning a request he has received from a city police department to assist them on his "non-judicial time" in firearms training and as a member of the police department's competing pistol team. In order to receive liability insurance coverage, to upgrade his certification as a firearms instructor, and in order to compete on the police department's pistol team, it is necessary that he receives a commission from the police department. URL:http://www.tba.org/tba_files/TSC_RULES/alissant_wpd.WP6 IN RE: AMENDMENT TO RULE 10, RULES OF THE SUPREME COURT OF TENNESSEE CODE OF JUDICIAL CONDUCT Court:TSC - Rules First Paragraph: Rule 10 of the Rules of the Supreme Court of Tennessee, which sets out the Code of Judicial Conduct, is hereby amended by deleting Section C of Canon 5 and the accompanying commentary, and replacing it. URL:http://www.tba.org/tba_files/TSC_RULES/RULE10_AD2.WP6 FAITH BALLARD vs. JOHN WETZEL Court:TCA Attorneys: CHRISTOPHER VAN RIPER, STUART & VAN RIPER, Clinton, for Plaintiff Appellant. BILL W. PETTY, O'CONNOR , PETTY, CHILD & BOSWELL, Knoxville, for Defendant-Appellee. Judge:Franks First Paragraph: In this action to recover a Corvette motor vehicle, the Trial Judge, after trial, ruled that the defendant was entitled to possession of the vehicle. URL:http://www.tba.org/tba_files/TCA/ballardf_opn.WP6 ANNETTE CHRISTENBERRY and J.G. CHRISTENBERRY vs. HENRY S. NELSON, JR., M.D., ET AL, Court:TCA Attorneys: ANNETTE CHRISTENBERRY, Pro Se, Seymour, Tennessee. HOWARD H. VOGEL and STEPHEN C. DAVES, O'NEIL, PARKER & WILLIAMSON, Knoxville, for Defendants-Appellees. Judge:Franks First Paragraph: In this medical malpractice action, the Trial Court granted the defendant, Henry S. Nelson, Jr., M.D., summary judgment, and plaintiffs have appealed. URL:http://www.tba.org/tba_files/TCA/chrstnbr_opn.WP6 JOYCE BERRYHILL and CARTINA BERRYHILL vs. RON G. SWINEA and wife, WILLIE JO SWINEA WILLIAM TUCKER; RANDY TUCKER and wife, DONNA E. TUCKER CLELAND EZELL and wife, SHIRLEY EZELL MARGIE L. NEWTON Court:TCA Attorneys: RANDY HILLHOUSE 327 West Gaines Street P. O. Box 787 Lawrenceburg, Tennessee 38464 Attorney for Plaintiffs/Appellants CHARLES W. HOLT, JR. P. O. Box 357 Lawrenceburg, Tennessee 38464 Attorney for Defendants/Appellees PAUL PLANT P. O. Box 399 Lawrenceburg, Tennessee 38464 Attorney for Defendant Judge: CANTRELL First Paragraph: The parties to this boundary line dispute all acknowledged that the deeds to their respective properties described their common boundary as a straight line, but they differed as to the correct placement of that line. After hearing all the proof, the trial court ordered a new survey to establish a boundary line whose bearings changed in mid-course, giving each of the parties some of what they claimed. We reverse the order of the trial court, because we can find no evidence in the record to support it. URL:http://www.tba.org/tba_files/TCA/berryhij_opn.WP6 SUSAN LYNN MARTIN BJORK (STROUTH) vs. JAMES ALBERT BJORK Court:TCA Attorneys: PHILIP E. SMITH ROBERT TODD JACKSON Nashville, Tennessee Attorneys for Appellant R. STEVEN WALDRON TERRY A. FANN WALDRON & FANN Murfreesboro, Tennessee Attorneys for Appellee Judge: HIGHERS First Paragraph: Susan Lynn Martin Bjork Strouth (Mother) appeals the trial court's orders changing temporary and permanent custody of two of the parties' minor children to Appellee James Albert Bjork (Father). URL:http://www.tba.org/tba_files/TCA/bjorksl_opn.WP6 KEVIN CALDWELL vs. NISSAN MOTOR MANUFACTURING CORPORATION, U.S.A. Court:TCA Attorneys: Shelley I. Stiles 5214 Maryland Way, #210 Brentwood, TN 37027 ATTORNEY FOR PLAINTIFF/APPELLANT Andree Sophia Blumstein SHERROD & ROE PLC 424 Church St., Suite 2000 Nashville, TN 37219 ATTORNEY FOR DEFENDANT/APPELLEE, Judge:TODD First Paragraph: The plaintiff, Kevin Caldwell, has appealed from a summary judgment dismissing his suit against Nissan Manufacturing Corp. U.S.A., his former employer, for damages resulting from the termination of his employment in retaliation for his claiming workers compensation benefits. URL:http://www.tba.org/tba_files/TCA/caldwelk_opn.WP6 GARY W. PHELPS vs. TENNESSEE BOARD OF PAROLES, ET AL., Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Gary W. Phelps, Pro Se J. Knox Walkup Attorney General and Reporter Patricia C. Kussmann Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves a state prisoner's efforts to obtain judicial review of the decision of the Tennessee Board of Paroles to deny him parole. After exhausting his available remedies before the Board, the prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County challenging the Board's decision. The trial court dismissed the petition on the ground that it had not been filed within sixty days as required by Tenn. Code Ann. S 27-9-102 (1980). We find that the petition was timely filed and, therefore, vacate the order of dismissal. URL:http://www.tba.org/tba_files/TCA/phelpsgw_opn.WP6 WILLIAM SELLERS vs. MICHAEL ANDERSON Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Philip D. Irwin Robert E. Hoehn Neal & Harwell Rabin P. Nimmo Nashville, Tennessee Nimmo, Hoehn, Kirt & Partin Nashville, Tennessee Judge:KOCH First Paragraph: This appeal involves the dismissal of a de novo appeal from general sessions court for failure to comply with a local rule requiring that these appeals be set for trial within forty-five days. After the Circuit Court for Davidson County dismissed his appeal, the appellant filed a Tenn. R. Civ. P. 60.02(1) motion seeking relief from the judgment. The trial court denied the motion, and the appellant has appealed to this court. We have determined that the appellant demonstrated grounds for relief under Tenn. R. App. P. 60.02(1) and accordingly vacate the order denying the appellant's motion for post-judgment relief. URL:http://www.tba.org/tba_files/TCA/sellersw_opn.WP6 STATE OF TENNESSEE vs. CHRISTOPHER ALLEN BERNSTEIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT M. COHEN JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 303 High Street Maryville, TN 37804 TIMOTHY F. BEHAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 MICHAEL L. FLYNN District Attorney General KIRK E. ANDREWS Assistant District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge:WOODALL First Paragraph: The Defendant, Christopher Allen Bernstein, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Blount County Grand Jury returned an indictment charging Defendant with rape. Pursuant to a plea agreement, he pled guilty to the charge and received an agreed sentence of eight (8) years as a Range I Standard Offender. As part of the plea agreement, Defendant was afforded a sentencing hearing for the trial court to determine the manner of service of the sentence. The trial court ordered Defendant to serve the entire sentence in the Department of Correction. In this appeal, Defendant raises two issues: (1) He argues that the conviction should be reversed and the charges dismissed because the indictment fails to allege the mens rea, and (2) he argues the trial court erred in ordering him to serve his entire sentence in the Department of Correction. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/brnstenc_opn.WP6 STATE OF TENNESSEE vs. RANDY SCOTT MORRELL Court:TCCA Attorneys: For the Appellant: For the Appellee: Stephen M. Wallace Charles W. Burson District Public Defender Attorney General of Tennessee and and Terry Jordan Darian B. Taylor Assistant Public Defender Asst Attorney General of Tennessee P. O. Box 839 450 James Robertson Parkway Blountville, TN 37617-0839 Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General and Gene Perrin Nancy S. Harr Asst District Attorneys General P.O. Box 526 Blountville, TN 37617-025 Judge:Tipton First Paragraph: The defendant, Randy Scott Morrell, is before us in an extraordinary appeal, T.R.A.P. 10, from the order of the Sullivan County Criminal Court affirming the prosecuting attorney's denial of his application for pretrial diversion. The sole issue for our review is whether the trial court erred by affirming the denial. URL:http://www.tba.org/tba_files/TCCA/morrelrs_opn.WP6
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