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