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.

This Issue (IN THIS ORDER):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
05-New Opinons From TCA
04-New Opinons From TCCA

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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