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.
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- 01-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 01-New Opinons From TCCA
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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 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 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 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 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 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 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 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 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 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 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 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 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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