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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 06-New Opinons From TSC-Workers Comp Panel
- 04-New Opinons From TCA
- 06-New Opinons From TCCA
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SANDRA KAY CORNELISON vs. NORTHWEST TENNESSEE ECONOMIC DEVELOPMENT COUNCIL Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Robert O. Binkley Jeffrey A. Garrety Jeffery G. Foster Patrick N. Parker RAINEY, KIZER, BUTLER, REVIERE, & BELL, P.L.C. LAW OFF. OF JEFFREY A. GARRETY 105 South Highland Avenue 65 Stonebridge Boulevard P.O. Box 1147 Jackson, Tennessee 38305 Jackson, Tennessee 38302-1147 Judge:CHILDERS First Paragraph: The plaintiff sustained an injury to her back during the course of employment on March 1, 1994. Based on her age, education, lack of transferable job skills, the nature and extent of her injury, job opportunities for similarly injured workers and all other relevant vocational factors, the trial judge awarded her permanent partial disability benefits of 50% to the body as a whole. URL:http://www.tba.org/tba_files/TSC_WCP/cornelis_opn.WP6 RICKY MCFARLAND vs. CHAMPION HOME BUILDERS Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: P. Allen Phillips Ricky L. Boren Jackson, Tennessee Jackson, Tennessee Judge:Ash First Paragraph: This worker's compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) (1996 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer, Champion Home Builders, contends that: (1) the trial court erred in finding that the plaintiff had sustained a compensable injury; and (2) the trial court erred in assessing a 50 % permanent partial disability to the body as a whole. The panel finds that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/mcfarlar_opn.WP6 KATHY REYNOLDS vs. LIFE CARE CENTERS OF AMERICA, INC., d/b/a LIFE CARE CENTERS OF BRUCETON AND HOLLOW ROCK, BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA c/o CRAWFORD AND COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Lori J. Keen Charles L. Hicks Carl Wyatt ATTORNEY AT LAW GLASSMAN, JETER, EDWARDS & WADE, P.C. 9 North Court Square 26 North Second Street P.O. Box 957 Memphis, Tennessee 38103 Camden, Tennessee 383320 Judge:CHILDERS First Paragraph: The trial court awarded the plaintiff 50% permanent partial disability to the right arm and 25% to the left arm. The trial court also awarded temporary total disability for the period between 6/30/95 and 1/16/96 (22 weeks) at the $152.24 compensation rate totaling $5,023.92 , medicals and mileage, future medical on arms only, attorney's fees in lump sum and discretionary costs. URL:http://www.tba.org/tba_files/TSC_WCP/reynoldk_opn.WP6 HERCHEL SEAGRAVES vs. PLAZA MACHINE AND TOOL Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: S. Newton Anderson Clayton Mayo Memphis, Tennessee Jackson, Tennessee Judge:Ash First Paragraph: This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6 225(e)(3) (1996 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer Plaza Machine and Tool, contends: (1) that the evidence preponderates against the trial court's finding that the plaintiff suffered a permanent partial disability from his work related injury; (2) that the award of permanent partial disability benefits based on 47 % to the body as a whole is excessive; and (3) that the trial court erred by not permitting Plaza Machine and Tool to introduce into evidence the testimony of its private investigator, his written report, and his video tape of Mr. Seagraves. The employee, in his cross appeal, contends that the trial court should have found that Mr. Seagraves suffered 100% disability to the body as a whole. The panel finds that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/seagrave_opn.WP6 CRAIG WARRINGTON vs. EMERSON ELECTRIC COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Harold R. Gunn P. Allen Phillips Attorney at Law WALDROP AND HALL P.A. P.O. Box 444 106 South Liberty Street Humboldt, Tennessee 38343 P.O. Box 726 Jackson, Tennessee 38301 Judge:CHILDERS First Paragraph: The trial court granted the defendant's "Motion to Dismiss" finding that the plaintiff had failed to carry his burden of proof of causation between the alleged work injury and the permanent impairment. We find that the evidence preponderates in favor of the trial court's decision and we affirm. URL:http://www.tba.org/tba_files/TSC_WCP/warringc_opn.WP6 JEANETTE WILSON vs. TECUMSEH PRODUCTS COMPANY Court:TSC - Workers Comp Panel Attorneys: For Plaintiff: For Defendant: Gayden Drew, IV David F. Hessing Drew & Martindale, P.C. 105 E. Wood Street 470 N. Parkway, Suite C Paris, TN 38242 Jackson, TN 3830 Judge:TOMLIN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. S 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Tecumseh Products Company ("defendant") has raised the following issues by this appeal: Did the trial court err (1) in finding that plaintiff's vocational disability arose out of and in the course of her employment, (2) in awarding plaintiff temporary total disability and ordering defendant to pay certain medical expenses, (3) in finding that plaintiff sustained a forty percent permanent partial disability to her right arm and thirty percent permanent partial disability to her left arm, and (4) in charging certain discretionary costs incurred by plaintiff to defendant. We find no error and affirm. URL:http://www.tba.org/tba_files/TSC_WCP/wilsonje_opn.WP6 SUZANNE MONIQUE SWILLEY ELY vs. KENNETH RAY ELY Court:TCA Attorneys: DAIL R. CANTRELL, WITH CANTRELL, PRATT & VARSALONA, OF CLINTON, TENNESSEE, FOR APPELLANT WM. STANTON MASSA, III, OF KNOXVILLE, TENNESSEE, FOR APPELLEE Judge:Sanders First Paragraph: The pivotal issue on this appeal is whether or not the trial court erred in its calculation of the gross income of the obligor for determining his child support obligation. URL:http://www.tba.org/tba_files/TCA/127ely_opn.WP6 KOHN ASHMORE, b/n/f ANGELA ASHMORE and RODNEY ASHMORE his natural parents and natural guardian and ANGELA ASHMORE and RODNEY ASHMORE, individually vs. HAMILTON COUNTY, TENNESSEE, a political subdivision of the State of Tennessee Court:TCA Attorneys: JOHN R. MELDORF, III, Hixon, for Appellants. DAVID W. NORTON, Chattanooga, for Appellee. Judge:McMurray First Paragraph: The plaintiffs instituted this action against Hamilton County (defendant) charging that the defendant was negligent in maintaining Levi Road in that the county allowed shrubbery to grow along the right-of-way of Levi Road which impaired the vision of persons entering upon the roadway from adjacent properties. No roadway intersection was involved in the accident. The minor plaintiff, Kohn Ashmore, entered upon Levi Road from the lawn of property owned by a Mr. Sands. After a bench trial the trial court entered judgment in favor of the defendant. It is from this judgment that the plaintiffs' appeal. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/ashmorek_opn.WP6 GERRY SUE HASEK vs. DONNA KEENE HOLT and GILREATH AND ASSOCIATES Court:TCA Attorneys: DAVID W. BLANKENSHIP, Kingsport, for Appellant. R. FRANKLIN NORTON, GEOFFREY D. KRESSIN, and W. MITCHELL CRAMER, Norton & Luhn, P.C., for Appellees. Judge:McMurray First Paragraph: This is a legal malpractice action. The Plaintiff alleges that she employed the defendants to represent her in a medical malpractice claim against Baptist Hospital of East Tennessee, Dr. Robert Hall or the proper party to be sued. Suit was brought against Baptist Hospital of East Tennessee and was, after mediation, eventually settled. Dr. Hall was not sued. The failure to bring an action against Dr. Hall is the basis of this action. URL:http://www.tba.org/tba_files/TCA/hasekg_opn.WP6 WILLIAM T. RAWLS vs. N.V. HODGE, NORFOLK SOUTHERN RAILWAY COMPANY, DYCHO COMPANY, INC., AND JAMES MOYER MASSEY Court:TCA Attorneys: ROBERT E. PRYOR, Pryor, Flynn, Priest & Harber, Knoxville, for Appellant. JOHN W. BAKER, JR., Baker, McReynolds, Byrne, O'Kane, Shea & Townsend, Knoxville, for Appellees N.V. Hodge and Norfolk Southern Railway Company. HOWARD H. VOGEL & ANDREW CRAIG TROUTMAN, O'Neil, Parker & Williamson, Knoxville, for Appellee Dycho Company, Inc. Judge:McMurray First Paragraph: William T. Rawls (plaintiff) brought this action to recover damages resulting from a collision between a truck in which he was a passenger and a train owned by Norfolk Southern Railway Company. The truck was being driven by the defendant, James Massey. The train engineer was the defendant, N. V. Hodge. Rawls alleged that Norfolk Southern's locomotive was at the time of the collision being operated in a negligent manner under the circumstances existing at the crossing where the accident took place. He alleged that Hodge failed to give warning by blowing the train's whistle or horn, and that the crossing was not sufficiently marked by adequate warning devices. Rawls also sued Dycho Company, the owner of the land adjacent to the railway, alleging that a fence which Dycho had placed on its land, together with various structures and objects inside the fence, constituted a dangerous obstruction which blocked the view of the oncoming train. URL:http://www.tba.org/tba_files/TCA/rawlswt_opn.WP6 FRANK E. ADAMS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM C. ROBERTS, JR. JOHN KNOX WALKUP Suite 1502, Parkway Towers Attorney General and Reporter Nashville, TN 37219 JANIS L. TURNER Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General KATRIN MILLER Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:WELLES First Paragraph: The Petitioner appeals the trial court's denial of his petition for post conviction relief. He was convicted by a jury on February 14, 1991, of felony murder and two counts of aggravated robbery. He was sentenced to life imprisonment for the count of felony murder and ten (10) years for each count of aggravated robbery, all to be served consecutively for an effective sentence of life plus twenty (20) years. His motion for new trial was denied on March 15, 1991. This Court affirmed his convictions on October 29, 1992, and his application for appeal to our supreme court was denied on June 28, 1993. State v. Adams, 859 S.W.2d 359 (Tenn. Crim. App. 1992), perm. to appeal denied (Tenn. 1993). The Petitioner filed a pro se petition for post-conviction relief on October 21, 1993. URL:http://www.tba.org/tba_files/TCCA/adamsfe_opn.WP6 STATE OF TENNESSEE vs. TRAVIS E. BIRCHFIELD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Cary C. Taylor John Knox Walkup Attorney at Law Attorney General & Reporter P.O. Box 148 500 Charlotte Avenue Kingsport, TN 37662 Nashville, TN 37243-0497 Clinton J. Morgan Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Joseph E. Perrin Assistant District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge:Jones First Paragraph: The appellant, Travis E. Birchfield (defendant), was convicted of aggravated assault, a Class C felony, by a jury of his peers. The trial court found the defendant was a persistent offender and imposed a Range III sentence consisting of confinement for eleven (11) years in the Department of Correction. In this court, the defendant presents one issue for review. He contends the trial court committed error of prejudicial dimensions by finding he was a persistent offender. He argues there were only four felony convictions which could be used to determine the range in this case. In this case, five Class E felonies were statutorily mandated as a prerequisite to classifying an accused as a persistent offender. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/brchfldt_opn.WP6 STATE OF TENNESSEE vs. ANTHONY CHARLES GODSEY Court:TCCA Attorneys: For Appellant: For Appellee: Robert Y. Oakes John Knox Walkup Office of the Public Defender Attorney General and Reporter First Judicial District Main Courthouse Georgia Blythe Felner Elizabethton, TN 37643 Counsel for the State 450 James Robertson Parkway Gerald L. Gulley, Jr. Nashville, TN 37243-0493 Attorney P.O. Box 1708 Kenneth C. Baldwin Knoxville, TN 37901-1708 Asst District Attorney General (on appeal only) 900 East Elk Avenue Elizabethton, TN 37643 Judge:WADE First Paragraph: The defendant, Anthony Charles Godsey, was indicted by a Carter County Grand Jury for aggravated sexual battery. Pursuant to a plea agreement, the defendant entered a guilty plea to sexual battery, a Class E felony. Tenn. Code Ann. S 39-13-505. The trial court approved a Range I, five-year sentence but denied the defendant's application for probation. URL:http://www.tba.org/tba_files/TCCA/godseyac_opn.WP6 STATE OF TENNESSEE vs. ROGERS L. MCKINLEY Court:TCCA Attorneys: For the Appellant For the Appellee Rogers L. McKinley, pro se Charles W. Burson T.D.O.C. No. 138372 Attorney General & Reporter Route 4, Box 600 Pikeville, TN. 37367 Peter M. Coughlan Assistant Attorney General 450 James Robertson Parkway Nashville, TN. 37243-0493 J. Michael Taylor District Attorney General James W. Pope, III Asst District Attorney General 265 Third Avenue, Ste. 300 Dayton, TN. 37321 Judge:BARKER First Paragraph: The appellant, Rogers L. McKinley, appeals the Bledsoe County Criminal Court's dismissal of his petition for a writ of habeas corpus. In 1990, the appellant entered guilty pleas and was convicted of two counts of rape and one count of aggravated burglary. The trial court sentenced the appellant as a Range II multiple offender to concurrent sentences of fifteen (15) years for each rape and ten (10) years for the aggravated burglary. No direct appeal was taken from those convictions and sentences. URL:http://www.tba.org/tba_files/TCCA/mcknlyrm_opn.WP6 STATE OF TENNESSEE vs. CARLA SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Michael R. Jones John Knox Walkup District Public Defender Attorney General & Reporter Collier W. Goodlett, Jr. Daryl J. Brand Assistant Public Defender Assistant Attorney General 109 S. Second Street Criminal Justice Division Clarksville, TN 37040 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Carney, Jr. District Attorney General Steven L. Garrett Asst District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge:SUMMERS First Paragraph: The appellant, Carla Smith, pled guilty to assault and driving on a revoked license. She received an effective sentence of eleven months and twenty-nine days probation. A probation violation warrant issued alleging that the appellant failed to report, did not fulfill educational requirements, and did not pay various fees and fines. The hearing court found the allegations and the warrant to be valid and revoked the appellant's probation. She appeals to this Court. We affirm the court's disposition. URL:http://www.tba.org/tba_files/TCCA/smithcar_opn.WP6 STATE OF TENNESSEE vs. CHARLES DANA WOODRUFF, ALSO KNOW AS VICTOR WALKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: D. Clifton Barnes John Knox Walkup Off. of the Dist. Public Defender Attorney General & Reporter 1609 College Park Drive 500 Charlotte Avenue Morristown, TN 37813-1618 Nashville, TN 37243-0497 Laura D. Perry Timothy F. Behan Attorney at Law Assistant Attorney General 503 North Jackson Street 450 James Robertson Parkway Morristown, TN 37814 Nashville, TN 37243-0493 C. Berkley Bell District Attorney General 113-J W. Church Street Greeneville, TN 37745 John F. Dugger, Jr. Asst District Attorney General Hamblen County Justice Center 510 Allison Street Morristown, TN 37814 Judge:Jones First Paragraph: The appellant, Charles Dana Woodruff, also known as Victor Walker (defendant), was convicted of theft in excess of $60,000, a Class B felony, and theft in excess of $10,000, a Class C felony, by a jury of his peers. The trial court found that the defendant was a standard offender and imposed the following Range I sentences: (a) a fine of $25,000 and confinement for twelve (12) years in the Department of Correction for theft in excess of $60,000, and (b) a fine of $10,000 and confinement for six (6) years in the Department of Correction for theft in excess of $10,000. The sentences are to be served consecutively for an effective sentence of eighteen (18) years. In this court, the defendant presents five issues for review. He contends (a) the evidence is insufficient, as a matter of law, to support his conviction for theft in excess of $60,000; (b) the evidence is insufficient, as a matter of law, to support his conviction for theft in excess of $10,000; (c) he, an African-American, was tried by an all white jury, thus denying him a fair jury trial by his peers; (d) it was improper for the prospective jurors to hear a prospective juror say if he was found guilty, he should receive the maximum sentence allowable by law; and (e) the sentences imposed by the trial court are excessive. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court is affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/woodrufc_opn.WP6
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