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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
- 00-New Opinons From TSC
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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
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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