TBALink Opinion-Flash

February 18, 1998 -- Volume #4 -- Number #032

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):
03-New Opinons From TSC
00-New Opinons From TSC-Rules
03-New Opinons From TSC-Workers Comp Panel
02-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


FRANKLIN JONES
vs.
STERLING LAST CORPORATION       
d/b/a QUALITY MANUFACTURING 
COMPANY and ST. PAUL FIRE AND   
MARINE INSURANCE COMPANY

Court:TSC

Attorneys:

For the Appellant:                  For the Appellees:
    
Othal Smith, Jr.                    Steven W. Maroney
College Grove, Tennessee            Greg A. Petrinjak
                                    Waldrop & Hall
                                    Jackson, Tennessee
                          
Judge:DROWOTA

First Paragraph:

In this workers' compensation action, the employee, Franklin Jones,
plaintiff-appellant, has appealed from a judgment of the Chancery
Court of Chester County dismissing his claim for workers' compensation
benefits against  the employer, Sterling Last Corporation d/b/a
Quality Manufacturing Co., defendant-appellee.   The trial court found
that the employee failed to give timely notice of his injury to the
employer, failed to timely file suit, and had not suffered any
permanent disability as a result of a work-related accident.  The
Special Workers' Compensation Appeals Panel, upon reference for
findings of fact and conclusions of law pursuant to Tenn. Code Ann. S
50-6-225(e)(5), reversed the trial court's dismissal and awarded
benefits to the employee based upon 20 percent vocational disability. 
Thereafter, the employer filed a motion for full Court review of the
Panel's decision.  We granted the motion for review to consider
whether the trial court erred in dismissing the employee's claim for
benefits due to his failure to provide timely notice of his injury to
the employer as required by Tenn. Code Ann. S 50-6-201.  After
carefully examining the record before us and considering the relevant
authorities, we affirm the trial court's judgment.

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

STATE OF TENNESSEE
vs.
GLENN BERNARD MANN

Court:TSC

Judge:Drowota

First Paragraph:

A petition for rehearing has been filed on behalf of appellant, Glenn
Bernard Mann in which he requests the opportunity to rebrief and
reargue the issue that his sentence is disproportionate under this
Court's recent decision in State v. Bland, __ S.W.2d __ (Tenn. 1997). 
He asserts that "the failure to allow him the benefit of the new Bland
procedures . . . would violate the Due Process Clauses of the
Fourteenth Amendment and Article I, Section 8 of the Tennessee
Constitution."

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

STATE OF TENNESSEE
vs.
DAVEY JOE VINEYARD AND      
JIMMY LEE COCKBURN

Court:TSC
                    
First Paragraph:

Upon consideration of the petition to rehear filed by the appellants
Davey Joe Vineyard and Jimmy Lee Cockburn, this Court is of the
opinion that the petition should be and the same is hereby denied.

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

KAREN FARMER
vs.
ZURICH-AMERICAN         
INSURANCE COMPANY       
a/k/a/ and d/b/a                
ZURICH INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellee:

Dana D. Ballinger                   August C. Winter
Leigh A. Buckley                    Two Brentwood Commons
Cornelius & Collins                 Suite 150
Suite 2700, Nashville City Ctr      750 Old Hickory Boulevard
511 Union Stret                     Brentwood, TN 37027
P. O. Box 190695
Nashville, TN 37219
                         
Judge:INMAN

First Paragraph:

The plaintiff alleged that during the course of her employment by
Porter Paints she contracted asthma, an occupational disease, which
resulted in partial, permanent physical disability, all of which was
denied by the defendant.

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

SHARON GAIL JONES
vs.
MODINE MANUFACTURING        
COMPANY and SENTRY          
INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellants:                 For the Appellee:

George H. Buxton III                Roger L. Ridenour
31 East Tennessee Ave.              P.O. Box 530
Oak Ridge, Tenn. 37830              108 S. Main St.
                                    Clinton, Tenn.  37717-0530
                         
Judge:THAYER

First Paragraph:

The appeal has been perfected by defendants, Modine Manufacturing
Company and Sentry Insurance Company, from a decision of the trial
court awarding plaintiff, Sharon Gail Jones, 45% permanent partial
disability to her right arm.

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

JACQUELINE MARIE REDDEN 
vs.
SYNTHETIC INDUSTRIES and        
THE HOME INSURANCE COMPANY
Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Morgan G. Adams                 Jeffrey L. Cleary
428 McCallie Avenue             530 Pioneer Bank Bldg.
Chattanooga, Tenn.  37402       801 Broad Street
                                Chattanooga, Tenn.  37402
                         
Judge:THAYER

First Paragraph:

This appeal has been perfected by plaintiff, Jacqueline Marie Redden,
from the trial court's decision in declining to increase an original
award of 20% permanent partial disability to the body as a whole after
a reconsideration hearing conducted pursuant to the provisions of
T.C.A. S 50-6-241(a)(2).

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

SARA J. And JERRY H. MALONE
vs.
FIRST CAPITAL HOME          
IMPROVEMENTS

Court:TCA

Attorneys:

Ted M. Hunderup
Humboldt, Tennessee 
Attorney for Appellant
                            
J. B. Glassman
Jackson, Tennessee
Attorney for Appellees                            

Judge:HIGHERS

First Paragraph:

Defendant First Capital Home Improvements appeals the trial court's
judgment entered in favor of Plaintiffs/Appellees Sara J. Malone and
Jerry H. Malone in this breach of contract action.  We affirm.

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

BILLIE J. RUSSELL, and          
BILLIE J. RUSSELL as Administratrix 
on behalf of Deceased, Robert L. Russell
vs.
Y. N. PAKKALA, M.D. and     
BOLIVAR COMMUNITY HOSPITAL

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendants/Appellees:

Charles E. Hodum                    Marty R. Phillips 
Mitzi C. Johnson                    Jackson, Tennessee 
Collierville, Tennessee                           
                          
Judge:LILLARD

First Paragraph:

This is a medical malpractice case.  The trial court granted the
defendants' motion for summary judgment, based on the insufficiency of
the affidavits submitted by the plaintiff in opposition to the motion.
 The plaintiff appeals the trial court's decision.  We remand.
 
URL:http://www.tba.org/tba_files/TCA/russellb_opn.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