TBALink Opinion-Flash

February 19, 1998 -- Volume #4 -- Number #033

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

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  • 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


LAVONNA HODOSI
VS.
CKR INDUSTRIES, INC. AND THE    
YASUDA FIRE & MARINE INSURANCE  
COMPANY OF AMERICA

Court:TSC

Attorneys: 

For the Appellant:                  For the Appellee:
James D. Lane, II                   Mark Stewart
Ray, Van Cleave & Jackson, P.C.     300 South College Street
P. O. Box 1027                      Winchester, TN 37398
Tullahoma, TN 37388         
                         
Judge:INMAN

First Paragraph:

This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order
of referral to the Special Workers' Compensation Appeals Panel, and
the Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference.

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

WALTER A. DICKMAN
vs.                                    
MEADOWS HOMES, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                        For Appellee:

William B. Jakes, III                 Charles W. McKinney
Alice Margaret Essary                 Richard Brooks
Howell & Fisher                       Gordonsville, Tennessee
Nashville, Tennessee
                        
Judge:Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  In this appeal, the
employer, Meadows Homes, Inc., contends the evidence preponderates
against the trial court's finding that the claimant was a covered
employee and in favor of a finding that he was an independent
contractor.  As discussed below, the panel has concluded the claimant
was an independent contractor.

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

LARRY SIZEMORE
vs.
CITY OF DICKSON

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:

DOUGLAS S. JOHNSTON, JR.
Barrett, Johnston & Parsley
Nashville, Tennessee
For the Appellee:

J. RUSSELL FARRAR
Farrar & Bates
Nashville, Tennessee
                          
Judge:MALOAN

First Paragraph:

This workers' compensation appeal from the Dickson County Circuit
Court has been referred to the Special Workers' Compensation Appeals
Panel of the Supreme Court in accordance with Tennessee Code Annotated
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
plaintiff contends the panel should reverse the trial court's grant of
summary judgment.  We conclude summary judgment to be appropriate and
affirm the trial court.

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

RONNIE BRADFIELD
vs.
STEVE DOTSON, et al.

Court:TCA

Attorneys:

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

Ronnie Bradfield, Pro Se            John Knox Walkup 
Tiptonville, Tennessee              Kyle P. Sowell    
                                    Nashville, Tennessee                         

Judge:LILLARD

First Paragraph:

In this case, an inmate at a state correctional institution filed a
defamation law suit in circuit court against two state employees.  The
trial court granted summary judgment in favor of the defendants,
holding that the Tennessee Claims Commission had exclusive
jurisdiction over the matter.  The trial court also denied the
plaintiff's requests for default judgment.  We affirm in part, reverse
in part, and remand.

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

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