TBALink Opinion-Flash

March 31, 1998 -- Volume #4 -- Number #058

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
01-New Opinons From TSC-Rules
04-New Opinons From TSC-Workers Comp Panel
00-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


WILLIAM A. WINNINGHAM,        
EXECUTOR OF THE ESTATE OF     
ALSTON WINNINGHAM
vs.
TAMMY K. WINNINGHAM

Court:TSC

Attorneys:

For Plaintiff-Appellant:        For Defendant-Appellee:

Harry D. Sabine                 John R. Officer
Sabine & Douglas, P.C.          Livingston
Crossville
                         
Judge:REID

First Paragraph:

This is a suit to enforce the provision in a will which forbade
contest upon penalty of forfeiture.  The trial court declared a
forfeiture; the Court of Appeals remanded the case for further proof. 
This Court finds that the trial court erred and holds that the
circumstances found by the trial court do not justify a forfeiture
under Tennessee law.  The suit is accordingly dismissed.

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

WALTER LEE AUSTEIN
vs.
RIVERWOOD INTERNATIONAL     
USA, INC.

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:              FOR APPELLEE:  
Russell C. Winston          Karen L. Schlesinger
707 Adams Avenue            80 Monroe Avenue
Memphis, TN 38105           Suite 650
Adam O. Knight              Memphis, TN 38103
707 Adams Avenue
Memphis, TN 38105
                          
Judge:CLARK

First Paragraph:

This worker's compensation appeal has been referred to the special
worker's compensation appeals panel of the Supreme Court in accordance
with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The sole
issue on appeal is whether the one-year statute of limitations under
T.C.A. S50-6-203 ran prior to the filing of the lawsuit.

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

GEORGE RANDALL BAILEY
vs.
UNITED STATES FIDELITY AND  
GUARANTY and INSTITUTIONAL  
DISTRIBUTORS, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:          For the Appellee:

Steve Taylor                Robert B. C. Hale
6263 Poplar Avenue          Suite 1300
Suite 601                   50 North Front Street
Memphis, TN 38119           Memphis, TN 38103
                          
Judge:INMAN

First Paragraph:

The trial judge found the plaintiff to be 15 percent permanently
partially disabled on account of "emotional or behavioral symptoms." 
The plaintiff appeals, insisting that the preponderance of the
evidence requires a greater award.  We disagree, and accordingly
affirm the judgment.

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

DANNY MITCHELL
vs.
AETNA LIFE & CASUALTY           
INSURANCE COMPANY and       
DINA TOBIN, DIRECTOR OF         
DIVISION OF WORKERS'        
COMPENSATION, TENNESSEE 
DEPARTMENT OF LABOR

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:                  FOR APPELLEE:  
P. Allen Phillips               Kyle E. Crowe
Gregory A. Petrinjak            Post Office Box 500
Waldrop & Hall, P.A.            298 Broadway
106 South Liberty Street        Martin, TN 38237
Post Office Box 726
Jackson, TN 38301
                          
Judge:CLARK

First Paragraph:

Defendant Aetna Life & Casualty Insurance Company appeals from an
award of the trial court based on a finding of seventy (70%) percent
permanent partial disability to each arm.  Defendant contends that the
evidence preponderates against the trial court's finding.  For the
reasons set forth below, we affirm the judgment of the trial court as
modified.

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

PAMELA D. SMITH
vs.
HEALTH TECH AFFILIATES, INC.    
d/b/a MEMPHIS PATHOLOGY LAB

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:          For the Appellee:

Steve Taylor                James L. Kirby
6263 Poplar Avenue          Harris, Shelton, Dunlap & Cobb, L.L.P.C.
Suite 601                   One Commerce Square, Suite 2700
Memphis, TN 38119           Memphis, TN 38103-2555
                         
Judge:BYERS

First Paragraph:

The plaintiff filed suit on February 10, 1995 and alleged she had
sustained an injury to her foot when a portion of a wall fell upon her
as she was working for the  defendant.  On December 13, 1995, the
plaintiff amended her complaint to allege she had suffered
psychological injury as a result of the accident.

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

                        SUPREME COURT OF TENNESSEE
                    STATE LIST FOR PERMISSION TO APPEAL
                     March 30, 1998, 2:00 P.M. Release                                  
                    

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_RULES/statelst23_wpd.WP6

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