TBALink Opinion-Flash

January 30, 1998 -- Volume #4 -- Number #019

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):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
07-New Opinons From TCA
00-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you 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


NATHAN WAYNE SMITH
vs.
MAREMONT CORPORATION

Court:TSC - Workers Comp Panel
                       
Judge:Gayden

First Paragraph:

The Plaintiff filed this lawsuit alleging that he has suffered
permanent partial disability as a result of an accident in the course
and scope of his employment with the Defendant.  The matter was heard 
by the trial court on May 10,1993.  The court awarded plaintiff 25%
permanent partial impairment to the body as a whole. The trial court 
also awarded benefits paid in a lump sum. 

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

JAMES DILLARD and wife,         
THELMA DILLARD
vs.
THE VANDERBILT UNIVERSITY       
and CENTRAL PARKING SYSTEM, INC.

Court:TCA

Attorneys: 

For Plaintiffs/Appellants:          For Defendants/Appellees:

Anthony E. Hagan                    Joseph F. Welborn, III
Lebanon, Tennessee                  Bass, Berry & Sims
                                    Nashville, Tennessee
                         

Judge:KOCH

First Paragraph:

This appeal concerns a woman who was injured when she tripped over a
brightly painted concrete tire stop in a hospital parking garage.  The
woman and her husband filed a negligence action in the Circuit Court
for Davidson County against the owner and operator of the parking
garage.  The trial court granted the defendants' motion for summary
judgment, and the plaintiffs have appealed.  We affirm the summary
judgment because the defendants did not have a duty to protect patrons
from the tire stop.

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

WILLIAM H. HORTON
vs.
DENNIS HUGHES

Court:TCA

Attorneys: 

For Plaintiff/Appellant:            For Defendant/Appellee:

William H. Horton                   Gregory D. Smith
Pro Se                              Clarksville, Tennessee

                         
Judge:KOCH

First Paragraph:

This is the second appeal involving a prisoner's malpractice claim
against the lawyer who represented him in a criminal proceeding that
led to his conviction for possession of cocaine with intent to sell. 
Following his incarceration, the prisoner filed suit against his
former lawyer in the Circuit Court for Davidson County.  The trial
court dismissed the complaint on statute of limitations grounds, but
this court reinstated one claim because it could have occurred within
the limitations period.  On remand, the trial court granted the
lawyer's motion for summary judgment because of the prisoner's
inability to present admissible expert proof that the lawyer had
deviated from the applicable standard of professional care.  We affirm
the summary judgment.

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

GORDON MCGEE
vs.
CARL PIPPIN and wife, HELEN PIPPIN,
DAVID ATKINS, HARDAWAY       
CONSTRUCTION COMPANY, and    
C & G WHOLESALE LUMBER &     
SUPPLY, INC.

Court:TCA

Attorneys:

W. H. Stephenson, II
346 21st Avenue North
Nashville, TN 37203         
ATTORNEY FOR PLAINTIFF/APPELLEE

Quentin Scott Horton
201 West Main Street
McMinnville, TN 37110
ATTORNEY FOR DEFENDANTS/APPELLANTS
                          
Judge:TODD

First Paragraph:

This is a suit by a stockholder of an insolvent corporation, against
another stockholder, his wife and an employee, seeking judgment
against them for dissipation of assets of the corporation, recovery of
money due from debtors of the corporation and liquidation of the
corporation for the benefit of creditors.  Although not designated
such in the complaint, the suit appears to be a suit for a
receivership.  Matter of Liquidation of United American Bank in
Knoxville.  Tenn. 1987, 743 S.W.2d 911.

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

SAM OOLIE, HAROLD OOLIE,        
and FRANCES CHAFITZ
vs.
TAMANNA QURESHI and 
HALIMA QURESHI

Court:TCA

Attorneys:

ROBERT N. SKINNER, JR., Nashville and SPILLER CAMPBELL, JR.,
Nashville, Attorneys for Plaintiffs.

MICHAEL H. JOHNSON, Gracey, Ruth, Howard, Tate & Sowell, Nashville,
Attorney for Defendants.
                          
Judge:TOMLIN

First Paragraph:

Sam Oolie and his two siblings (by name or "plaintiffs") filed suit in
the Circuit Court of Davidson County against Tamanna Qureshi and her
mother (by name or "defendants") for personal injuries and property
damage arising out of an automobile accident at an intersection in
Nashville.  On motion at trial, at the close of plaintiff's proof, the
trial court dismissed the suit against defendant Halima Qureshi, the
owner of the vehicle, for lack of proof.  At the conclusion of the
trial, the jury returned a verdict finding the defendant not guilty of
any negligence.  Plaintiffs' suit was accordingly dismissed. 
Plaintiffs have raised the following issues on appeal: (1) that the
trial court erred in its jury instructions as to comparative fault,
(2) that there is no material evidence to support the verdict, and (3)
that counsel for the defendants improperly inflamed the jury, their
passions and prejudices, by his closing argument.  Further, at oral
argument this court granted plaintiffs' motion to file a supplemental
brief (to which a response has been filed) as to a fourth issue,
namely, the alleged prejudicial effect of a note written by the trial
judge to the jury in response to the jury's request for a document not
offered in evidence.  For the reasons hereinafter stated, we affirm
the trial court.

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

RITA SIMS
vs.
MARGARET CULPEPPER,     
Tennessee Department of     
Employment Security; and        
SUPERIOR HOME HEALTH CARE 
OF MIDDLE TENNESSEE, INC.,  
a Tennessee corporation

Court:TCA

Attorneys:

For Plaintiff/Appellee:             For Defendant/Appellant:

Tom W. Moore, Jr.                   J. Scott McDearman
Moore & Peden                       Grant, Konvalinka & Harrison
Columbia, Tennessee                 Chattanooga, Tennessee
                          
Judge:KOCH

First Paragraph:

This appeal involves a request for unemployment compensation benefits.
 An employee of a home healthcare agency filed for unemployment
compensation benefits after she resigned from her job because she was
not "comfortable" completing required interim audits of the patients'
care.  She filed suit in the Chancery Court for Maury County after the
Department of Employment Security Board of Review denied her claim on
the ground that she had voluntarily quit her job without good cause. 
The trial court found that the employee had left her employment for
good cause and, accordingly, reversed the Board.  We have determined
that the record contains substantial and material evidence supporting
the Board's decision and, therefore, reverse the trial court and
affirm the Board's decision.

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

VICKIE DIANNE TUTTLE
vs.
ROBERT EDWARD TUTTLE

Court:TCA

Attorneys:

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

No Appearance                       Robert E. Tuttle, Pro Se
                          
Judge:KOCH

First Paragraph:

This appeal involves a divorce in which the husband has been
incarcerated throughout the marriage.  After approximately four years
of marriage, both the wife and the husband filed suit for divorce in
the Circuit Court for Coffee County.  Following a bench trial attended
only by the wife, the trial court granted the wife a divorce on the
grounds that the husband was incarcerated and that his conviction had
rendered him infamous.  On this appeal, the husband asserts that the
trial court should not have granted the wife a divorce because she did
not properly verify her complaint and asserts that he did not receive
property that was rightfully his.  We have determined that the
judgment should be affirmed and that the case should be remanded for
consideration of the husband's property claims.

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

VICKIE DIANNE TUTTLE
vs.
ROBERT EDWARD TUTTLE

Court:TCA
                     
Judge:TODD

First Paragraph:

This appeal involves a contested divorce proceeding in which one of
the litigants is an incarcerated felon.  We filed our opinion
affirming the trial court on October 10, 1997 based only on our
consideration of the record and the husband's brief because the wife
did not file a brief and made no other appearance of any sort on this
appeal.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1996-1997 Tennessee Bar Association