TBALink Opinion-Flash

June 3, 1998 -- Volume #4 -- Number #084

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
02-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
01-New Opinons From TCCA

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  • 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


JIMMY ELLIOTT
vs.
JACKIE EVANS TRUCKING, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant Jimmy Elliott:    For the Appellant Jackie Evans
Thomas E. LeQuire                   Trucking, Inc.:
Robert J. Uhorchuk                  Robert H. Crawford, Jr.
SPICER, FLYNN & RUDSTROM            CRAWFORD & CRAWFORD
Suite 407 James Building            410 McCallie Avenue
735 Broad Street                    Chattanooga, TN 37402
Chattanooga, TN 37402
                         
Judge:INMAN

First Paragraph:

The plaintiff alleged and testified that on April 7, 1995 he jumped
from a truck bed approximately four feet to the ground, twisting his
left leg in the process.  Sharp pain and swelling immediately occurred
and he received emergency room treatment.  Seven days later Dr. Robert
Beasly, an orthopedic surgeon, performed a meniscectomy for a torn
medial meniscus, followed by a left patellectomy and valgus osteomy
with metal plate emplacement.

URL:http://www.tba.org/tba_files/TSC_WCP/elliottj_wc3.WP6
Opinion-Flash

WILLIAM H. STAGNOLIA, JR.
vs.
LINCOLN BRASS WORKS, INC.
vs.
DINA TOBIN, Director and Trustee,   
Second Injury Fund, State of        
Tennessee

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant           For the Appellee        For the Appellee
William H. Stagnolia, Jr.:  Lincoln Brass Works:    Second Injury Fund: 
Gary W. Ferraris            Janet L. Hogan          John Knox Walkup
2111 First Tennessee Plaza  HOGAN & HOGAN           Atty. Gen. & Reporter
800 S. Gay Street           620 W. Hill Ave.        
P. O. Box 259               Knoxville, TN 37902     Sandra E. Keith
Knoxville, TN 37901-0259                            Asst. Atty. General
                                                    Cordell Hull Bldg.
                                                    Nashville, TN 
                                                    37243- 0499
Judge:INMAN

First Paragraph:

Plaintiff filed suit in 1989 for work-related injury to his left hand
and alleged a related psychiatric disability.  By final judgment
entered September 5, 1991, the trial court awarded accrued and future
medical and psychiatric benefits and permanent partial disability to
his hand but found he had failed to prove any permanent psychiatric
disability.   The judgment was not appealed.

URL:http://www.tba.org/tba_files/TSC_WCP/stagnoli_wc3.WP6
Opinion-Flash

BARBARA J. HAND,        
Administratrix of Estate    
of Charles D. Hand, Deceased                                                
vs.
NORFOLK SOUTHERN RAILWAY                 
COMPANY

Court:TCA

Attorneys:

L. HALE HAMILTON and H. DEAN CLEMENTS OF CHATTANOOGA FOR  APPELLANT

PATRICK S. O'BRIEN OF ST. LOUIS, MISSOURI and CLARENCE E. WALKER OF
CHATTANOOGA FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

This is a suit brought under the Federal Employers Liability Act.  It
was brought by Plaintiff Barbara J. Hand, Administratrix of the estate
of her deceased husband, Charles D. Hand, against his employer,
Defendant Norfolk Southern Railway Company.  The jury rendered a
verdict in favor of the Plaintiff and assessed damages in the amount
of $3,250,000.  The Defendant appeals, raising nine separate issues. 
Although many do not merit a protracted discussion, others raise
substantial questions.

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

RAYMOND MITCHELL
vs.
CAMELOT UTILITY DISTRICT        
FOR HAWKINS COUNTY, TENNESSEE

Court:TCA

Attorneys:

C. CHRISTOPHER RAINES, JR., OF MT. CARMEL FOR APPELLANT

JAMES O. PHILLIPS, III, OF ROGERSVILLE FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

Plaintiff Raymond Mitchell sues Defendant Camelot Utility District of
Hawkins County, Tennessee.  He alleges that Camelot, in acquiring a
quit claim deed from him conveying two tracts of land, one that
contains an artesian well and the other equipment in connection with
distribution of water to the adjacent area.  He contends that as a
consideration for the quit claim deed, John Valetta, President of
Camelot, represented to him that Camelot would provide water taps for
two of his lots free of charge and, upon acquisition of an alternate
water source, would re-convey the quitclaimed lots to him.

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

STATE OF TENNESSEE
vs.
BILLY SLAUGHTER

Court:TCCA
                   
Judge:SMITH

First Paragraph:

The defendant, Billy Slaughter, was convicted by a Blount County jury
of  reckless endangerment with a deadly weapon, a Class E felony.  The
trial court sentenced him as a Range I offender to one (1) year, with
all but ten (10) days suspended, and ordered that defendant serve two
(2) years on probation.  On appeal, defendant contends that the trial
court erred in denying full probation.  We find no error and affirm
the judgment of the trial court pursuant to Rule 20 of the Tennessee
Court of Criminal Appeals.

URL:http://www.tba.org/tba_files/TCCA/slaughtb_ord.WP6

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