TBALink Opinion-Flash

May 13, 1998 -- Volume #4 -- Number #076

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
01-New Opinons From TSC-Rules
06-New Opinons From TSC-Workers Comp Panel
03-New Opinons From TCA
00-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • 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


JAMES ERNEST BIGGS
vs.
JONES STONE COMPANY, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:          For the Appellee:

Luvell L. Glanton           Blakeley D. Matthews
915 Jefferson Street        Leigh A. Buckley
Nashville, TN 37208         CORNELIUS & COLLINS
                            2700 Nashville City Center
                            511 Union Street
                            P. O. Box 190695
                            Nashville, TN 37219
                          
Judge:INMAN

First Paragraph:

The employee was awarded benefits for a 30 percent permanent partial
disability to his whole body.  He appeals, claiming that his
anatomical impairment is ten percent, which should be extrapolated to
total and permanent disability.  The thrust of his argument is
directed to the weight to be given to the expert testimony.

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

J. C. PENNEY, INC.
vs.
DEBRA SUE CRAWFORD

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:          For the Appellee:

John E. Dunlap              Wm. Ritchie Pigue
1433 Poplar Avenue          William G. McCaskill, Jr.
Memphis, TN 38104           TAYLOR, PHILBIN, PIGUE
                            MARCHETTI & BENNETT, PLLC
                            One Union Street
                            P. O. Box 198169
                            Nashville, TN 37219-8169
                         

Judge:INMAN

First Paragraph:

The employee filed this complaint for a determination of the benefits
available to the defendant on account of asserted compensable injuries
to her arms/hands, i.e., carpal tunnel syndrome.  The Chancellor
awarded benefits for a three percent permanent partial disability to
each arm.  The employee appeals, and presents two issues for review,
which we restate as whether the award was inadequate, and whether the
employee should have been allowed to state an opinion concerning her
ability to perform certain jobs.

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

MARILYN L. KNIGHT
vs.                                             
LIBERTY MUTUAL INSURANCE GROUP,   

Court:TSC - Workers Comp Panel

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
                            
MICHAEL H. SNEED                    D. RANDALL MANTOOTH   
Suite 2121, Parkway Towers          GREGORY H. OAKLEY        
Nashville, TN 37219                 LEITNER, WILLIAMS, DOOLEY                                         
                                        and NAPOLITAN
                                    2300 First American Center
                                    Nashville, TN 27238-2300                                                     
                         
Judge:RUSSELL

First Paragraph:

This worker's compensation case was commenced initially by the
employer's insurance carrier, Liberty Mutual Insurance Group, by a
"Petition for Determination of Workers' Compensation Liabilities"
filed in the Circuit Court for Davidson County, "pursuant to Tennessee
Code Annotated Section 50-6-225".

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

SHERRY MAXWELL
vs.
NISSAN MOTOR MFG.       
CORPORATION and ROYAL       
INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:          For the Appellee:

Larry G. Trail              R. Steven Waldron
107 N. Maple Street         Terry A. Fann
Murfreesboro, TN 37130      WALDRON & FANN
                            202 West Main Street
                            Murfreesboro, TN 37130
                         

Judge:INMAN

First Paragraph:

This is a bilateral carpal tunnel syndrome case involving a
34-year-old woman whose impairment to each arm was judicially found to
be 33 percent.  Her condition gradually evolved, and she was initially
treated by Dr. Thomas Tompkins, an orthopedic specialist, on August
21, 1995.  Six weeks later he performed the usual surgical releases,
which were successful.  Dr. Tompkins last saw the plaintiff on January
12, 1996 when he released her to resume employment but without
repetitive forceful gripping.  Basing his assessment on the
Guidelines, Dr. Tompkins testified that she had five percent
impairment to each arm.  In February 1996, Dr. David Gaw, an
orthopedist, was employed by the plaintiff's counsel to perform an
IME.  He testified that the plaintiff had a ten percent impairment to
each arm.

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

ANDY PHILLIPS
vs.
ANTHONY HALL            
CONSTRUCTION,           
LUMBERMENS MUTUAL       
CASUALTY COMPANY,       
and                     
DEPARTMENT OF LABOR,        
WORKERS' COMPENSATION   
DIVISION, SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellee:

Bryan Essary                        William Joseph Butler
Shirley A. Irwin                    P. O. Box 280
NationsBank Plaza, Suite 1900       Lafayette, TN 37083
Nashville, TN 37219-1782
                         
Judge:INMAN

First Paragraph:

This case involves a weighty issue of whether the judgment is
supported by the preponderance of all the evidence.  Rule 13(d), T. R.
A. P.  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).   Adjunctive is
the established rule that we are as well positioned as the trial judge
to gauge the worth of the depositional testimony, and we have done so,
in accordance with our prerogative and responsibility.  Cooper v. INA,
884 S.W.2d 446, 451 (Tenn. 1994); Landers v. Fireman's Fund Ins. Co.,
775 S.W.2d 355, 356 (Tenn. 1989).

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

THURMAN D. VAN WINKLE
vs.
BRIDGESTONE U.S.A., INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Patrick A. Ruth                 Wm. Kennerly Burger
150 Second Avenue North         SunTrust Bank Building
Suite 201                       Suite 306
Nashville, TN 37201             201 E. Main St., P. O. Box 1969
                                Murfreesboro, TN 37133-1969
                          
Judge:INMAN

First Paragraph:

The plaintiff alleges that he suffered a heart attack attributable to
the demands of his job and therefore compensable within the purview of
the Workers' Compensation law.  The words "heart attack," as alleged,
are generically used and are generally referable to any sudden adverse
cardiac condition; in the case at Bar, the plaintiff suffered a
myocardial infarction.

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

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
May 11, 1998                                        

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_RULES/statelst29_wpd.WP6
Opinion-Flash

BETTY J. COLLINS, ET AL
vs.
DAVID COLLINS

Court:TCA

Attorneys:

Kelley Hinsley, Morristown, Tennessee,
Attorney for Plaintiffs/Appellants.

C. Dwaine Evans, EVANS & BEIER, Morristown, Tennessee
Attorney for Defendant/Appellee.
                          
Judge:INMAN

First Paragraph:

Plaintiffs Betty J. Collins, Panther Park Missionary Baptist Church,
and six Church trustees appeal the trial court's final judgment which
established the boundary line between the parties' respective
properties.  We affirm the trial court's judgment based on our
conclusion that the evidence does not preponderate against the trial
court's finding that an existing fence row represents the boundary
line between the properties.

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

POTTER'S HOME CENTER, INC., 
d/b/a POTTER'S HOME CENTER
vs.
LAUREN DALE TUCKER, and,    
WILBURN R. VILES, SR. and wife, 
MILDRED E. VILES, and the   
GUARANTY TITLE COMPANY, and 
FIRST AMERICAN NATIONAL BANK

Court:TCA

Attorneys: 

Thomas C. Coleman, Jr., Jamestown, Tennessee
Attorney for Plaintiff/Appellant.

Dail R. Cantrell, CANTRELL, PRATT & VARSALONA, Clinton, Tennessee
Attorney for Defendants/Appellees.
                         
Judge:FARMER

First Paragraph:

Potter's Home Center appeals the trial court's summary judgment which
dismissed its suit to enforce a materialman's lien against
Defendants/Appellees Wilburn R. Viles, Sr., and Mildred E. Viles.  We
affirm the trial court's judgment based on our conclusion that
Potter's failed to comply with the applicable notice requirements of
the mechanics' and materialmen's lien statutes.

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

SANDRA TANAKA and,  
WARWICK INSULATION CO., INC.
vs.
MARTHA MEARES

Court:TCA

Attorneys:

W. Andrew Fox, Knoxville, Tennessee
Attorney for Plaintiffs/Appellants.

R. Franklin Norton,
Geoffrey D. Kressin,
NORTON & LUHN, P.C., Knoxville, Tennessee
Attorneys for Defendant/Appellee.
                          
Judge:FARMER

First Paragraph:

Plaintiffs Sandra Tanaka and Warwick Insulation appeal the trial
court's order entering summary judgment in favor of Tanaka's former
attorney, Defendant/Appellee Martha Meares.  We reverse the trial
court's judgment based on our conclusion that a genuine issue of
material fact exists as to whether the Plaintiffs' action against
Meares is barred by the one-year statute of limitations applicable to
legal malpractice actions.

URL:http://www.tba.org/tba_files/TCA/tanakas_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


© Copyright 1996-1997 Tennessee Bar Association