TBALink Opinion-Flash

December 23, 1997 -- Volume #3 -- Number #136

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

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George Dean
TBALink Chief Editor


BILLY CASTLEMAN
vs.
ROSS ENGINEERING, INC.

Court:TSC

Attorneys:

For Plaintiff-Appellant:            For Defendant-Appellee:

T. Robert Hill                      William B. Walk, Jr.
Randall J. Phillips                 John R. Cannon, Jr.
Hill, Boren, P.C.                   The Hardison Law Firm, P.C.
Jackson                             Memphis
                          

Judge:REID

First Paragraph:

This case presents for review the issue of whether, in a tort action
for personal injuries, an employer's workers' compensation insurance
carrier is entitled to enforcement of a subrogation claim for benefits
paid to the employee, where at trial, fault was attributed to the
employee and to the employer.  The trial court allowed reimbursement
for the entire amount of the benefits paid to the employee and the
Court of Appeals affirmed.  The judgment of the Court of Appeals and
the trial court allowing enforcement of the subrogation claim pursuant
to  Tenn. Code Ann. S 50-6-112 (1991) is affirmed.

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


                    SUPREME COURT OF TENNESSEE
                STATE LIST FOR PERMISSION TO APPEAL
                        December 22, 1997

Court:TSC - Rules
                         

URL:http://www.tba.org/tba_files/TSC_RULES/statelst14_wp.WP6
Opinion-Flash

DENNIS CLAYTON and, 
GARDEN HOMES, INC.  
vs.
UNION SAVINGS BANK

Court:TCA

Attorneys:

Michael L. Weinman, TATUM & TATUM, Henderson, Tennessee
Attorney for Plaintiffs/Appellants.

G. Michael Acree, Covington, Tennessee
Attorney for Defendant/Appellee.
                          
Judge:FARMER

First Paragraph:

Dennis Clayton and Garden Homes, Inc. (GHI) appeal from the trial
court's grant of summary judgment in favor of Union Savings Bank
(Bank).

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

SHEILA DANIEL
obo FLODIE DANIEL
vs.
HARDIN COUNTY GENERAL HOSPITAL

Court:TCA

Attorneys: 

GUY R. DOTSON, JR.
Murfreesboro, Tennessee
Attorney for Appellant

MARTY R. PHILLIPS
RAINEY, KIZE,R BUTLER, REVIERE & BELL, P.LC.
Jackson, Tennessee
Attorney for Appellee
                         
Judge:HIGHERS

First Paragraph:

Plaintiff/Appellant, Sheila Daniel ("Plaintiff"), on behalf of Flodie
Daniel, appeals the judgment of the trial court dismissing her
complaint for failure to state a claim upon which relief can be
granted.  For reasons stated hereinafter, we affirm the trial court's
judgment.

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

JAMES EDWARD GANT
vs.
KENNETH BROADWAY, COUNTY
EXECUTIVE AND CHAIRMAN OF THE
DECATUR COUNTY COMMISSION, 
and THE DECATUR COUNTY
COMMISSION CONSISTING OF
EIGHTEEN (18) MEMBERS AND
INCLUDING: BARNEY BLASINGIM, 
FRANK MARTIN, GARY CREASY, 
JAMES C. MOODY, RANDA BRASHER,
JIMMY KELLEY, GLENN BRASHER,
MICKEY LARKINS, DAVID BOROUGH,
WAYNE ODLE, PATTY BURKHEAD,
BOBBY SWINDLE, BILLY GOODMAN,
JAMES KING, DANNY ROBERTS, MARY
ELLA TEAGUE, MIKE BOX AND
PHILIP GULLEDGE

Court:TCA

Attorneys:

James E. Brockman of Parsons
For Appellant

J. Michael Ivey of Parsons
For Appellees, Broadway and Decatur County Commission
                          
Judge:CRAWFORD

First Paragraph:

Petitioner, James Edward Gant, appeals the judgment of the chancery
court denying his application for a beer permit.

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

STATE AUTOMOBILE INSURANCE  
COMPANY
vs.
LASHLEE-RICH, INC.

Court:TCA

Attorneys:

MITCHELL G. TOLLISON
HAWKS & TOLLISON
Humboldt, Tennessee
Attorney for Appellant

JAMES E. CONLEY, JR.
THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL
Memphis, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

Defendant/Appellant, Lashlee-Rich, Incorporated ("Lashlee-Rich")
appeals the judgment of the trial court granting Plaintiff/Appellee's,
State Automobile Mutual Insurance Company ("State Auto"), request for
declaratory judgment whereby the trial court ruled that Lashlee-Rich
had violated the clear language of the insurance policies issued by
State Auto and that no coverage existed under said insurance policies
issued by State Auto to Lashlee-Rich.  For reasons stated hereinafter,
we affirm the trial court's judgment.

URL:http://www.tba.org/tba_files/TCA/stautoin_opn.WP6

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