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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
- 01-New Opinons From TSC
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version of the opinion.
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to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
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
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
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
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
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
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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