TBALink Opinion-Flash

March 5, 1998 -- Volume #4 -- Number #042

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
07-New Opinons From TSC-Workers Comp Panel
05-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor


PAMELA K. COLE
vs.
BAPTIST HOSPITAL OF COCKE   
COUNTY,  INC.

Court:TSC - Workers Comp Panel

Judge:KILCREASE

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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

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

SHANNON FORREST
vs.
HENRY I. SIEGEL COMPANY, INC.
vs.
BLUE CROSS/BLUE SHIELD OF   
TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:              For the Appellee:

Frank S. Cantrell               Ricky L. Boren
Robin H. Rasmussen              Hill Boren P.C.
Jackson, Shields, Yeiser        1269 N. Highland Avenue
    & Cantrell                  P. O. Box 3539
262 German Oak Drive            Jackson, TN 38303-3539
Cordova, TN 38018
                         
Judge:INMAN

First Paragraph:

The trial court found that the plaintiff has a 70 percent permanent
partial disability to her whole body as a result of a compensable
injury she sustained in September 1993, and awarded benefits
accordingly, together with medical payments and mileage.  The employer
appeals, insisting that these findings are not supported by a
preponderance of the evidence.

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

JOHN W. GRAY, III
vs.
GRAY AND WILLIAMS, INC. and 
THE ST. PAUL

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellants:             For the Appellee:

Betty Ann Milligan              James D. Causey
80 Monroe Avenue, Suite 500     David S. Walker
Memphis, TN  38103              100 North Main Building, Ste 2400
                                Memphis, TN 38103
                         
Judge:BYERS

First Paragraph:

Review of the findings of fact made by the trial court is de novo upon
the record of the trial court, accompanied by a presumption of the
correctness of the finding, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.    S 50-6-225(e)(2).  Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995).

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

BEVERLY RIDDLE
vs.
MURRAY OUTDOOR PRODUCTS

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

J. Arthur Crews, II             T. J. Emison, Jr.
Steven W. Maroney               Emison & Emison, P.C.
Waldrop & Hall, P.A.            P.O. Box 13
106 S. Liberty                  Alamo, TN  38001
Jackson, TN  38301
                          
Judge:BYERS

First Paragraph:

The trial judge awarded the plaintiff 58 percent permanent partial
disability to each arm as a result of carpal tunnel syndrome.

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

BRUCE O. TIBBS, JR.
vs.
CITY OF HUMBOLDT, TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:                  For The Appellee:

John D. Burleson                    Larry C. Sanders
Jeffery G. Foster                   42 South Main Street
Rainey, Kizer, Butler, Reviere      Lexington, TN  38351
 & Bell, P.L.C.
105 South Highland Avenue
P.O. Box 1147
Jackson, TN  38302-1147
                          
Judge:BYERS

First Paragraph:

Review of the findings of fact made by the trial court is de novo upon
the record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.    S 50-6-225(e)(2).  Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995).

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

TERESA WOODY
vs.
GOODYEAR TIRE &         
RUBBER CO.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:          For the Appellee:

Randy N. Chism              George L. Morrison, III
Elam & Glasgow              P. O. Box 182
P. O. Box 250               Jackson, TN 38302
Union City, TN 38281
                          
Judge:INMAN

First Paragraph:

The trial court awarded the plaintiff benefits based on a finding of
25 percent permanent partial disability to her whole body.  The
defendant appeals, asserting the excessiveness of this award and the
bar of the statute of limitations.

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

JANET WYNN
vs.
TECUMSEH PRODUCTS COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:              For the Appellee:

David F. Hessing                Gayden Drew, IV
105 East Wood Street            Drew & Martindale, P.C.
Paris, TN 38242                 470 North Parkway, Suite C
                                Jackson, TN 38305
                         
Judge:BYERS

First Paragraph:

Review of the findings of fact made by the trial court is de novo upon
the record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.    S 50-6-225(e)(2).  Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case.

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

FRANCES MILLER BELL by Janet    
Snyder
vs.
ICARD, MERRILL, CULLIS, TIMM,   
FUREN AND GINSBURG, P.A.;       
WILLIAM GORDON BELL; HUNTON 
& WILLIAMS; and LONG,       
RAGSDALE AND WATERS

Court:TCA

Attorneys: 

WILLIAM R. WILLIS, JR., and ALAN D. JOHNSON, WILLIS & KNIGHT,
Nashville, for Plaintiff-Appellant.

WILLIAM T. RAMSEY and W. DAVID BRIDGERS, NEAL & HARWELL, PLC,
Nashville, for Defendant-Appellee Icard, Merrill, Cullis, Timm, Furen
& Ginsburg, P.A.,

JOHN P. KONVALINKA and SUSAN KERR LEE, GRANT, KONVALINKA & HARRISON,
Chattanooga, for Defendant-Appellee Hunton & Williams.

THOMAS S. SCOTT, JR., and DAN D. RHEA, ARNETT, DRAPER & HAGOOD,
Knoxville, for Defendant-Appellee William Gordon Bell.

DARRYL G. LOWE, LOWE, SHIRLEY & YEAGER, Knoxville, for Defendant
Appellee Long, Ragsdale & Waters.
                         
Judge:Franks

First Paragraph:

In this action claiming damages against defendants for abuse of
process, the Trial Judge dismissed the complaint for failure to state
the cause of action pursuant to T.R.C.P. Rule 12.02(6).

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

ALEXANDER JACKSON BULLARD
vs.
THE CITY OF CHATTANOOGA     
FIREMEN'S AND POLICEMEN'S   
INSURANCE AND PENSION FUND      
BOARD

Court:TCA

Attorneys: 

WILLIAM R. DEARING, CHAMBLISS, BAHNER & STOPHEL, P.C., Chattanooga,
for Plaintiff-Appellee.

ARVIN H. REINGOLD, P.C., Chattanooga, for Defendant-Appellant.
                         
Judge:Franks

First Paragraph:

In this action plaintiff sought job-related disability benefits from
his pension plan, administered by the City of Chattanooga Firemen's
and Policemen's Insurance and Pension Fund Board ("Board").  The
Board, after an evidentiary hearing, voted 3 to 2 to deny benefits. 
An appeal was taken to the Chancery Court, and the Chancellor
overturned the decision of the Board and awarded benefits.

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

PATRICIA HERNDON, Next of
Kin of WARREN G. PRICE, 
Deceased,   
vs.
MICHAEL AND JEANETTE
HUGHES and JEFF McALPIN
d/b/a PYRAMID MOTORS and
McALPIN ENTERPRISES

Court:TCA

Attorneys:

Thomas K. McAlexander of Jackson
    For Appellant

Phil Zerilla, Jr., of Memphis
    For Appellee, McAlpin
                        
Judge:CRAWFORD

First Paragraph:

This appeal involves an automobile accident and the subsequent
wrongful death action brought by the daughter of the decedent. 
Plaintiff-appellant, Patricia Herndon, filed suit against Michael
Hughes, the driver of the other automobile, the driver's wife Jeanette
Hughes, co-owner of the vehicle, and Jeff McAlpin & Associates, Inc.,
(McAlpin), the car dealership that sold Mr. Hughes the automobile. 
Ms. Herndon appeals the order of the trial court granting summary
judgment to McAlpin.

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

DAVID E. LIND, et ux MYRA       
GWYNN LIND
vs.
ALLEN M. WEBB, CLYDE N. WEBB,   
and ASTER VANCE WEBB

Court:TCA

Attorneys:

CHARLES G. TAYLOR, III, McDONALD, LEVY & TAYLOR, Knoxville, for
Plaintiffs-Appellees.

STEVEN G. SHOPE, Knoxville, for Defendants-Appellants.
                          
Judge:Franks

First Paragraph:

In this boundary line dispute the defendants appeal from a judgment in
favor of plaintiffs, insisting that the evidence established their
right to the disputed area by adverse possession.

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

RONALD E. NELSON
vs.
JAMES P. EVERETT, et al

Court:TCA

Attorneys: 

W. Lee Whitman
Memphis, Tennessee  
Attorney for Appellant
                            
Richard Glassman
Memphis, Tennessee
Attorney for Appellees                           

Judge:HIGHERS

First Paragraph:

Plaintiff/Appellant, Ronald E. Nelson ("Nelson") appeals the judgment
of the trial court granting defendants/appellees', James P. Everett
("Everett") and Memphis Publishing Company, Inc., d/b/a The Commercial
Appeal ("Memphis Publishing Company") (collectively "defendants"),
motion for summary judgment.  For reasons stated hereinafter, we
affirm the judgment of the trial court.

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

DANNY PATRICK
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

VANEDDA PRINCE              JOHN KNOX WALKUP
P. O. Box 26                Attorney General and Reporter
Union City, TN 38281
                            DEBORAH A. TULLIS
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            PHILIP BIVENS
                            District Attorney General

                            JAMES E. LANIER
                            Assistant District Attorney
                            P. O. Box E
                            Dyersburg, TN 38025
                          

Judge:SMITH

First Paragraph:

Appellant Danny Patrick appeals the trial court's denial of his
petition for post-conviction relief.  He presents the following issues
for review:  (1) whether the trial court erred in holding that
Appellant received effective assistance of counsel; and (2) whether
the trial court erred in concluding that its "reasonable doubt" jury
instruction was constitutional.

URL:http://www.tba.org/tba_files/TCCA/patrickd_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
VANCE S. RUFFIN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

William D. Massey           John Knox Walkup
Attorney at Law             Attorney General & Reporter
3074 East Street            425 Fifth Avenue, North
Memphis, TN 38128           Nashville, TN 37243-0497

                            Deborah A. Tullis
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            William L. Gibbons
                            District Attorney General
                            201 Poplar Avenue, Suite 3-01
                            Memphis, TN 38103

                            Dawn Doran
                            Assistant District Attorney General
                            201 Poplar Avenue, Suite 3-01
                            Memphis, TN 38103
                         
Judge:Jones

First Paragraph:

The appellant, Vance S. Ruffin (defendant), was convicted of
facilitating the felony of vehicular homicide, a Class D felony, and
facilitating the felony of vehicular assault, a Class E felony,
following his plea of guilty to each offense.  The trial court
sentenced the defendant pursuant to a plea agreement.  The defendant
was sentenced as a Range I standard offender.  The sentences imposed
were: (a) a fine of $500 and confinement for two (2) years in the
Shelby County Correctional Center for facilitating vehicular homicide,
and (b) confinement for one (1) year in the Shelby County Correctional
Center for facilitating vehicular assault.  The sentences are to be
served concurrently.  One issue is presented for review.  The
defendant contends the trial court abused its discretion by refusing
to impose an alternative sentence.  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.  The defendant has
failed to establish the trial court's refusal to impose an alternative
sentence was erroneous.

URL:http://www.tba.org/tba_files/TCCA/ruffinvs_opn.WP6

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