TBALink Opinion-Flash

November 25, 1997 -- Volume #3 -- Number #123

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):
04-New Opinons From TSC
01-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
08-New Opinons From TCA
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor


CARL NELSON
vs.
HAROLD EUGENE MARTIN AND        
JACK W. GAMMON

Court:TSC

Attorneys:

For Plaintiff-Appellee:         For Defendants-Appellants:

Gavin M. Gentry                 J. Cecil McWhirter
Memphis                         Sally F. Barron
                                McWhirter & Wyatt
OF COUNSEL:                     Memphis

Armstrong, Allen, Prewitt,      Leo Bearman, Jr.
  Gentry, Johnson & Holmes      Elizabeth E. Chance
Memphis                         Baker, Donelson, Bearman
                                & Caldwell
                                Memphis
                          
Judge:REID

First Paragraph:

This is a suit by a shareholder in a close corporation against the two
remaining shareholders alleging the wrongful termination of his
employment by the corporation and also his wrongful removal as an
officer and a director.  The case is before the Court on the
defendants' motions to dismiss and their motions for summary judgment.
 The motions are sustained on all counts.

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

STATE OF TENNESSEE
vs.
DEMETRIUS DEWAYNE UTLEY

Court:TSC

Attorneys:

For Appellant:                          For Appellee:

John Knox Walkup                        David Baker
Attorney General & Reporter             Assistant Public Defender
                                        Nashville, Tennessee
Michael E. Moore
Solicitor General

Gordon W. Smith
Associate Solicitor General

Darian B. Taylor
Assistant Attorney General
Nashville, Tennessee

Victor S. Johnson, III
District Attorney General

William R. Reed
Assistant District Attorney
Franklin, Tennessee
                          
Judge:ANDERSON

First Paragraph:

The question to be decided in this appeal is whether the defendant was
denied his right to a speedy trial as required under the Sixth
Amendment to the United States Constitution and Article I, S 9 of the
Tennessee Constitution.  To answer that question, we must determine
the type of state action which will engage the defendant's right to a
speedy trial.

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

STATE OF TENNESSEE
vs.
WAYNE LEE YEARGAN

Court:TSC

Attorneys:

For Plaintiff-Appellee:                 For Defendant-Appellant:

John Knox Walkup                        Donald E. Dawson    
Attorney General & Reporter             Bruce, Weathers, Corley,
Nashville, Tennessee                    Dughman and Lyle
                                        Nashville, Tennessee
Daryl J. Brand
Senior Counsel
Nashville, Tennessee

Clinton J. Morgan
Counsel for the State
Nashville, Nashville, Tennessee

Kimbra R. Spann
Assistant Attorney General
Nashville, Tennessee

C. Michael Layne
District Attorney General
Manchester, Tennessee

Kenneth Shelton
Assistant District Attorney General
Manchester, Tennessee
                          
Judge:DROWOTA

First Paragraph:

The certified question of law presented in this appeal is whether the
state or federal constitutional right to be free from unreasonable
seizures was violated when the motor vehicle which the defendant was
operating was stopped by a city police officer, who six months
earlier, had arrested the defendant for driving under the influence of
an intoxicant and had been present in court when the defendant was
convicted of that offense and his driver's license revoked for one
year.

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

SCOTTY DOYLE CHISM
vs.
URBAN RETAIL MANAGEMENT     
COMPANY, d/b/a MALL OF MEMPHIS  
and HOME INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:                  FOR APPELLEE:  
Steven G. Roberts               Carroll C. Johnson, III
6263 Poplar Avenue              1698 Monroe Avenue
Suite 1032                      Memphis, TN 38104
Memphis, TN 38119                           
                         
Judge:CLARK

First Paragraph:

This worker's compensation appeal has been referred to the special
worker's compensation appeals panel of the Supreme Court in accordance
with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employee contends that the evidence preponderates against
the trial court's finding that his injuries were not caused by a
work-related accident.  This panel finds that the judgment of the
trial court should be affirmed.

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


                        SUPREME COURT OF TENNESSEE
                    STATE LIST FOR PERMISSION TO APPEAL
                            November 24, 1997   

Court:TSC - Rules
                        
URL:http://www.tba.org/tba_files/TSC_RULES/statelst10_wpd.WP6
Opinion-Flash

JOE BRYANT, M.D.
VS.
TENET, INC., (NATIONAL MEDICAL  
ENTERPRISES) d/b/a UNIVERSITY   
MEDICAL CENTER

Court:TCA

Attorneys:

HENRY CLAY BARRY
106 S. College
Lebanon, Tennessee 37087
Attorney for Plaintiff/Appellee

WILLIAM C. MOODY
The Cavalier Building, Suite #509
95 White Bridge Road
Nashville, Tennessee 37205
Attorney for Defendant/Appellant
                         
Judge: CANTRELL

First Paragraph:

On the basis of the due process provision of Article I, S 8 of the
Tennessee Constitution, the Chancery Court of Wilson County enjoined
Tenet, Inc., the owner of a Lebanon hospital, from proceeding with the
investigation of a complaint against a physician with staff privileges
at the hospital.  We conclude that the procedure employed by the
hospital does not violate the physician's constitutional or
contractual rights.  We, therefore, reverse the lower court's
judgment.

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

EUGENE CALVIN CHEATHAM
VS.
KARYN ELIZABETH CHEATHAM

Court:TCA

Attorneys:

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

W. Gary Blackburn                       Mary Frances Lyle
David F. Gore                           Bruce, Weathers, Corley,
Blackburn, Slobey, Freeman & Happell    Dughman & Lyle
Nashville, Tennessee                    Nashville, Tennessee
                          
Judge: KOCH

First Paragraph:

This appeal stems from the dissolution of a twenty-seven year
marriage.  Two years after entering a relationship with another woman,
the husband filed suit for divorce in the Chancery Court for Maury
County.  The wife initially resisted the divorce but later
counterclaimed for divorce.  The trial court heard the case without a
jury and awarded the wife a divorce based on the husband's
inappropriate marital conduct.  The trial court also divided the
marital estate equally, awarded the wife $3,000 per month in long-term
spousal support, and ordered the husband to pay an additional $41,000
for the wife's legal expenses.  The husband takes issue on this appeal
with the valuation of his business, the division of the marital
estate, the long-term spousal support award, and the award for legal
expenses.  While we have determined that the spousal support award is
proper, we have decided that the division of the marital estate must
be modified to correct a classification error and that the award for
legal expenses must also be revised.  Accordingly, we modify and
affirm the judgment.

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

SUSAN FERRELL
VS.
BLUE BIRD OF TENNESSEE, INC.

Court:TCA

Attorneys:

ROBERT T. CARTER, ESQ.
Henry, McCord, Bean & Miller, P.L.L.C.
300 North Hackson Street
P.O. Box 538
Tullahoma, Tennessee 37388
ATTORNEY FOR THE PLAINTIFF/APPELLANT

DAVID W. KIOUS
1535 West Northfield Boulevard
8 Lincoln Square
Murfreesboro, Tennessee 37129
ATTORNEY FOR THE DEFENDANT/APPELLEE
                          
Judge:BUSSART

First Paragraph:

This is an appeal by plaintiff/appellant, Susan Ferrell, from the
order of the Rutherford County Chancery Court dismissing her
employment discrimination action against defendant/appellee, Blue Bird
of Tennessee, Inc. ("Blue Bird"), on summary judgment.

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

CHERYL KELLEY   
vs.
THE CITY OF ROCKWOOD,           
TENNESSEE               

Court:TCA

Attorneys:

ROBERT H. WATSON, JR., OF KNOXVILLE FOR APPELLANT

JOHN D. AGEE OF KINGSTON FOR APPELLEE
                          
Judge:Goddard

First Paragraph:


This appeal is from the Circuit Court of Roane County and concerns
liability under the Tennessee Governmental Tort Liability Act, T.C.A.
Title 29, Chapter 20.  The Plaintiff, Cheryl Kelley, filed the present
lawsuit on behalf of her deceased child, Joshua Kelley, who was a
passenger on a motorcycle driven by another child, Douglas King, which
collided with a Norfolk Southern train in the City of Rockwood,
Tennessee.  The City of Rockwood filed a Rule 56 motion for summary
judgment based on sovereign immunity.  The Trial Court denied the
motion and the case was scheduled for trial.  Prior to the trial the
Plaintiff settled all matters with Norfolk Southern Railway Company.

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

SHANNON K. KIRCHNER
VS.
JOHN H. PRITCHETT

Court:TCA

Attorneys:

Darrell L. Scarlett
16 Public Square North
P.O. Box 884
Murfreesboro, TN 37133-0884
ATTORNEY FOR PLAINTIFF/APPELLANT

Terry A. Fann, No. 12968
WALDRON AND FANN
202 West Main Street
Murfreesboro, TN 37130
ATTORNEY  FOR DEFENDANT/APPELLEE
                          
Judge:TODD

First Paragraph:

The captioned petitioner has appealed from a judgment of the Juvenile
Court relating to child support.  The cause has been before this Court
previously, but the record of that appeal has not been consolidated
with the record of this appeal.  The opinion of this Court disposing
of said appeal will be considered in disposing of the present appeal.

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

MARK LEEDOM and wife,         
SUSAN LEEDOM
vs.
CORRINE BELL, SUZANNE MARLEY, 
and BARBARA CHALFONT

Court:TCA

Attorneys:

ALAN EVERETT, Knoxville, for Appellants.

EDWARD G. WHITE, II and WAYNE A. KLINE, Hodges, Doughty & Carson,
Knoxville, for Appellee Corrine Bell.

JOHN KNOX WALKUP, Attorney General and Reporter, and DIANNE STAMEY
DYCUS for Intervenor State of Tennessee, Attorney General's Office.
                          
Judge:McMurray

First Paragraph:

Plaintiffs Mark and Susan Leedom brought this action against Dr.
Corinne Bell, a psychologist, and Suzanne Marley, Mr. Leedom's
ex-wife, for defamation, intentional infliction of emotional distress,
outrageous conduct, and an alleged violation of, or interference with,
plaintiff's constitutionally protected right to his familial
relationship with his daughter.  Plaintiffs also sued Dr. Bell for
malpractice.  The essence of the complaint is an allegation that the
defendants issued false accusations that Mr. Leedom had sexually
abused his daughter. The defendants filed motions for summary judgment
which were granted by the trial court.  We affirm the court's ruling
on all issues except the libel claim against defendant Bell.

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

WILLIAM W. MILLSAPS and wife
MARTHA MILLSAPS
VS.
ROBERTSON-VAUGHN            
CONSTRUCTION COMPANY, INC.

Court:TCA

Attorneys:

ROBERT L. HUSKEY
514 Hillsboro Boulevard
Manchester, Tennessee 37355
Attorney for Plaintiffs/Appellants

BEN P. LYNCH
107 First Avenue, N.E.
P. O. Box 310
Winchester, Tennessee 37398
Attorney for Defendant/Appellee
                         
Judge: CANTRELL

First Paragraph:

This is an action to enforce an arbitrator's award or for damages for
failing to comply with the award.  The trial judge refused to enforce
the award on the ground that it was unreasonable, inequitable, and
shocking to the conscience of the court.  We reverse that conclusion
and order that the award be enforced in accordance with the lower
court's alternative findings.

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

STATE OF TENNESSEE
vs.
ANTHONY PAUL ALDERSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

GARY M. HOWELL              JOHN KNOX WALKUP
P.O. Box 442                Attorney General & Reporter
Columbia, TN 38402      
                            GEORGIA BLYTHE FELNER
                            Counsel for the State
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493    

                            MIKE BOTTOMS
                            District Attorney General
                            P.O. Box 459
                            Lawrenceburg, TN 38464-0459
                          
Judge: WITT 

First Paragraph:

The defendant, Anthony Paul Alderson, appeals pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure from his judgment of
conviction in the Maury County Criminal Court for driving under the
influence of an intoxicant.  After a bench trial, he was sentenced to
serve eleven months and twenty-nine days on probation after serving 48
hours in the county jail.

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

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