TBALink Opinion-Flash

November 10, 1997 -- Volume #3 -- Number #116

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
04-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor


JIMMY ARNOLD
vs.                     
TENNESSEE BOARD OF PAROLES,     
et al.

ANTHONY EVANS
vs.                     
TENNESSEE BOARD OF PAROLES,     
et al.              

Court:TSC

Attorneys:
For Petitioner Arnold:              For Respondents:

JIMMY ARNOLD                        JOHN KNOX WALKUP
Pro se                              Attorney General and Reporter

                                    MICHAEL E. MOORE
                                    Solicitor General

                                    MERRILYN FEIRMAN
                                    Assistant Attorney General
                                    Nashville, TN
                

For Petitioner Evans:               For Respondents:

ANTHONY EVANS                       JOHN KNOX WALKUP
Pro se                              Attorney General and Reporter

                                    MICHAEL E. MOORE
                                    Solicitor General
   
                                    PATRICIA C. KUSSMAN
                                    Assistant Attorney General
                                    Nashville, TN                          

Judge: BIRCH

First Paragraph:

Jimmy Arnold and Anthony Evans, both serving sentences in the
Department of Correction, filed individual petitions for the common
law writ of certiorari in the Chancery Court for Davidson County. 
Each petitioner contended that in reviewing his file for parole the
Board of Paroles (Board) failed to hold an open meeting as required by
the Open Meetings Act, Tenn. Code Ann. S 8-44-101 et seq. (1993) 
Further, each petitioner challenged the substantive basis for the
Board's decision denying parole.

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

J. C. McDOWELL, JR.,
vs.         
CARRIER AIR CONDITIONING CO.    
and CIGNA PROPERTY AND      
CASUALTY COMPANIES

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:                      For the Appellee:

Gracey, Ruth, Howard, Tate & Sowell     J. Hilton Conger
Michael Lee Parsons                     200 South Third Street
150 Second Avenue, North                Smithville, TN 37166
Suite 201                   
Nashville, TN 37201
                         
Judge:INMAN

First Paragraph:

This complaint in Chancery was filed November 9, 1995 seeking benefits
for a back injury which the plaintiff alleged he suffered on March 14,
1995 while attempting to move a heavy tank.

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

JOHN SCHULTZ,
vs.                                                                                                                                        
CITY OF LAWRENCEBURG               
vs.        
TENNESSEE SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys:
For Appellant:                          For Appellee, Schultz:

James A. Hopper                         Ben Boston
Savannah, Tennessee                     Christopher V. Sockwell
                                        Lawrenceburg, Tennessee

                                        For Appellee, 
                                        Second Injury Fund:

                                        John Knox Walkup
                                        Attorney General & Reporter

                                        Diane Stamey Dycus
                                        Senior Counsel
                                        Nashville, Tennessee
                          

Judge: Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  In this appeal, the
employer, City of Lawrenceburg, contends (1) the evidence
preponderates against the trial court's finding of a compensable
injury by accident arising out of and in the course of employment, (2)
the evidence preponderates against the trial court's finding that the
employee's compensation rate is $308.08, (3) the evidence
preponderates against the trial court's award of temporary total
disability benefits from August 5, 1994 through October of 1995 and
(4) the trial court erred in commuting permanent partial disability
benefits to a lump sum.

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

JIMMY R. TURNER
vs.                                   
TRAVELERS INSURANCE

Court:TSC - Workers Comp Panel

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:
                            
THOMAS E. LEQUIRE                   L. THOMAS AUSTIN      
DAVID C. NAGLE                      M. KEITH DAVIS         
SPICER, FLYNN & RUDSTROM            P. O. BOX 666               
Suite 200 Flatiron Bldg.            Dunlap, TN 37327
707 Georgia Avenue                                
Chattanooga, TN 37402                                       

                          

Judge:RUSSELL

First Paragraph:

This case was tried on March 25, 1996.  By a judgment dated June 26,
1996 and filed two days later the judge found that the compensation
rate was $382.79 a week, that all temporary total disability benefits
had been paid, and that the plaintiff sustained permanent partial
disability to the body as a whole of 48% (which entitled him to
$73,495.68); and certain other benefits.

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

MARGARET WILLIAMSON
vs.
CLARKSVILLE MEMORIAL HOSPITAL

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:                  For the Appellee:

Charles C. Trabue III               Stacy A. Turner
Jeffrey Zager                       105 South Third Street
Trabue, Sturdivant & Dewitt         Clarksville, TN 37040
2500 Nashville City Center
511 Union Street
Nashville, TN 37219-1738
                          
Judge:INMAN

First Paragraph:

The trial judge found that the plaintiff had a 10 percent anatomical
impairment which, extrapolated by the multiplier of 2.5, resulted in a
permanent partial disability of 25 percent and awarded benefits
accordingly.

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

STATE OF TENNESSEE
vs.
DANNY SPRADLIN

Court:TCCA

Attorneys:
For the Appellant:                  For the Appellee:

Kevin W. Shepherd                   Charles W. Burson
404 Ellis Avenue                    Attorney General and Reporter
Maryville, TN  37804                    and
(at trial and on appeal)            Hunt S. Brown                                       
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    Philip H. Morton
                                    Asst. District Attorney General
                                    363 Court Street 
                                    Maryville, TN  37804-5906                          

Judge: Daniel

First Paragraph:

Danny Spradlin appeals his conviction for two charges of Possession
With Intent To Sale Marijuana, Tenn. Code Ann. S39-17 417 and his
conviction for Possession of Marijuana less than one half ounce, Tenn.
Code. Ann. S 39-17-418.

URL:http://www.tba.org/tba_files/TCCA/SPRADLI_OPN.WP6

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