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
- 07-New Opinons From TSC-Workers Comp Panel
- 05-New Opinons From TCA
- 02-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
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 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 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 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 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 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 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 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 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 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 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 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 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 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
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