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TBALink Opinion-Flash
April 16, 1998 -- Volume #4 -- Number #067
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.
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- 00-New Opinons From TSC
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George Dean
TBALink Chief Editor
JOE ERWIN and SUSAN ERWIN, as surviving parents and next of kin of BETHANY SUZANNE ERWIN vs. JAMES M. ROSE, WADE MATHENY, in his capacity as Sheriff of Maury County, Tennessee, MAURY COUNTY SHERIFF'S DEPARTMENT, MAURY COUNTY, TENNESSEE, and TRACY JOE LOVELL Court:TCA Attorneys: PAUL A. BATES CHRISTOPHER V. SOCKWELL P. O. Box 357 Lawrenceburg, Tennessee 38464 Attorneys for Plaintiffs/Appellants ALAN M. SOWELL 150 Second Avenue North, Suite 201 Nashville, Tennessee 37201-1931 Attorney for Defendants/Appellees James M. Rose and Maury County, Tennessee T. EDWARD LAWWELL 610 North Garden Street P. O. Box 1017 Columbia, Tennessee 38402 Attorney for Appellee Tennessee Farmers Mutual Insurance Company Judge:CANTRELL First Paragraph: This case involves questions of the liability of a municipality and its agents under the Governmental Tort Liability Act. It also involves a question of the liability of a plaintiff's underinsured motorist carrier when the plaintiff has recovered from the tort-feasor more than the policy limits. We affirm the lower court's order on the liability of the municipality and its agents and the order dismissing the claim against the underinsured motorist carrier. We reverse the order awarding prejudgment interest because it raises the recovery from the municipality over the allowable limit. URL:http://www.tba.org/tba_files/TCA/erwinj_opn.WP6
TOMMY NEAL HOLT, Deceased
vs.
MARILYN KAY HOLLINGSWORTH
HOLT
ELLIOTT NATHAN HOLT
vs.
VICKIE LEWIS, Administrator Ad
Litem for the Estate of Sophia Holt
In Re: Proceeds of Old Line Life
Insurance Company of America
Policy Number 1878593L
Court:TCA
Attorneys:
FOR APPELLEES: FOR APPELLANT:
JOHN G. DOAK, SR. JOHN L. WHITFIELD, JR.
2525 Lebanon Road 95 White Bridge Road
Nashville, Tennessee 37214 Nashville, Tennessee 37205
Judge:CANTRELL
First Paragraph:
In a marital dissolution agreement, Tommy Neal Holt agreed to procure
a $100,000 life insurance policy and name his ex-wife as beneficiary,
to hold the proceeds in trust for their minor child. when he
subsequently obtained a life policy, he named his mother as
beneficiary instead. The Probate Court of Davidson County ordered the
proceeds paid to the ex-wife as trustee. We affirm.
URL:http://www.tba.org/tba_files/TCA/holttn_opn.WP6
J.H. MOSER
vs.
DEPARTMENT OF TRANSPORTATION
OF THE STATE OF TENNESSEE,
TENNESSEE CIVIL SERVICE
COMMISSION, and J. BRUCE SALTSMAN,
SR., in his Official Capacity as Commissioner
of the Tennessee Department of Transportation
Court:TCA
Attorneys:
Larry D. Woods; Woods & Woods of Nashville
For Appellee
John Knox Walkup, Attorney General and Reporter
Eugenie B. Whitesell, Assistant Attorney General
For Appellants
Judge:CRAWFORD
First Paragraph:
This appeal involves a petition of Petitioner/Appellee J.H. Moser
(Moser) for judicial review of decisions of the Tennessee Civil
Service Commission (CSC) and the Tennessee Department of
Transportation (DOT).
URL:http://www.tba.org/tba_files/TCA/moserj_opn.WP6
LEON PARDUE, JR.
vs.
THE METROPOLITAN GOVERNMENT
OF NASHVILLE & DAVIDSON
COUNTY and the METROPOLITAN
EMPLOYEE BENEFIT BOARD
Court:TCA
Attorneys:
ANN BUNTIN STEINER
STEINER & STEINER
214 Second Avenue North
Suite 203
Nashville, Tennessee 37201-1644
Attorney for Plaintiff/Appellant
JAMES L. MURPHY, III
Director of Law
Department of Law of the Metropolitan
Government of Nashville and Davidson County
CHRISTI E. PEARSON
204 Metropolitan Courthouse
Nashville, Tennessee 37201
Attorney for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
In this appeal of the Metropolitan Benefit Board's denial of a
disability pension, the petitioner asserts that the decision is
unsupported by substantial and material evidence, that the Board
should have given more weight to the treating physician's testimony,
and that the reviewing court should have conducted a de novo review of
the Board's decision. The Chancery Court of Davidson County conducted
a limited review and dismissed the petition. We affirm.
URL:http://www.tba.org/tba_files/TCA/parduel_opn.WP6
ALFREDO SHAHRDAR
vs.
GLOBAL HOUSING, INC., and
MOHAMMED SHARIFPOUR
Court:TCA
Attorneys:
Douglas S. Johnston, Jr.; Barrett, Johnston & Parsley of Nashville
For Appellee
Thomas I. Bottorff; Bottorff, Kavin & Cook of Brentwood
For Appellants
Judge:CRAWFORD
First Paragraph:
This case involves the alleged breach of an oral employment contract
and the inducement of that breach by a third party. Defendants Global
Housing, Inc. and Mohammed Sharifpour appeal the order of the trial
court granting the plaintiff Alfredo Shahrdar a default judgment and
also the jury's award of damages. Plaintiff Alfredo Shahrdar assigns
error to the trial court's refusal to send the issue of punitive
damages to the jury, as well as the $205,009 remittitur suggested by
the court.
URL:http://www.tba.org/tba_files/TCA/shahrdar_opn.WP6
KENNETH J. HALL
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GERALD T. EIDSON JOHN KNOX WALKUP
205 Highway 66 South Attorney General & Reporter
Rogersville, TN 37557
Thomas F. Behan
Assistant Attorney General
Cordell Hull Bldg., Second Floor
425 Fifth Avenue, North
Nashville, TN 37243-0493
C. BERKELEY BELL, JR.
District Attorney General
DOUG GODBEE
Assistant District Attorney
109 S. Main St., Suite 501
Greenville, TN 37743
Judge:ACREE
First Paragraph:
The petitioner, Kenneth J. Hall, appeals as of right the trial court's
dismissal of his petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/hall_op.WP6
ROBERT S. MOORE
vs.
STATE OF TENNESSEE
Court:TCCA
Judge:SMITH
First Paragraph:
This matter is before the Court upon the state's motion requesting
that the judgment in the above-styled cause be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules. The petitioner
objects to the state's motion. After reviewing the pleadings and the
record on appeal, this Court finds that the trial court properly
dismissed the petitioner's Motion to Vacate Count III of Original
Indictment and grants the state's motion to affirm the judgment
pursuant to Rule 20.
URL:http://www.tba.org/tba_files/TCCA/moorers1_ord.WP6
STATE OF TENNESSEE
vs.
JAMES PINKERTON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
LARRY D. BRANDON
103 North Spring Street
P.O. Box 5065
Murfreesboro, TN 37133-5065
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
LISA A. NAYLOR
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM C. WHITESELL, JR.
District Attorney General
DAVID L. PUCKETT
Assistant District Attorney General
Rutherford County Judicial Bldg.
Room 303
Murfreesboro, TN 37130
Judge:RILEY
First Paragraph:
The defendant, James Pinkerton, appeals from a DUI judgment of
conviction entered by the Circuit Court of Cannon County. The
defendant pled guilty to DUI, first offense, reserving the right to
appeal as a certified question of law the trial court's denial of his
motion to suppress. Tenn. R. Crim. P. 37 (b)(2)(i). The defendant
contends the actions of the arresting officer constituted a "stop" for
Fourth Amendment purposes, and the officer lacked reasonable suspicion
based upon specific and articulable facts that a crime was being
committed or was about to be committed. After a review of the record,
the judgment of the trial court is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/pinkerto_opn.WP6
STATE OF TENNESSEE
vs.
GRANT LEE PROVENCHER
Court:TCCA
Attorneys:
For the Appellant For the Appellee
Laura Rule Hendricks John Knox Walkup
Eldridge, Irvine & Hendricks Attorney General & Reporter
606 W. Main Street, Ste. 350
P.O. Box 84 Peter M. Coughlan
Knoxville, TN. 37901-0084 Assistant Attorney General
425 Fifth Avenue North
Jeff C. Kelly 2nd Floor, Cordell Hull Bldg
Assistant Public Defender Nashville, TN. 37243-0493
1st Judicial District
P.O. Box 996 David E. Crockett
Johnson City, TN. 37605 District Attorney General
Kent W. Garland
Asst District Attorney General
1st Judicial District
Unicoi County Courthouse
Erwin, TN. 37650
Judge:BARKER
First Paragraph:
The appellant, Grant Lee Provencher, appeals as of right the sentence
he received following a guilty plea in the Washington County Criminal
Court. The appellant pled guilty to reckless homicide, a Class D
felony, and was sentenced as a Range I standard offender to three (3)
years in the Washington County jail. He contends on appeal that the
trial court erred in denying his request for alternative sentencing.
URL:http://www.tba.org/tba_files/TCCA/prvnchrg_opn.WP6
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