TBALink Opinion-Flash

June 16, 1998 -- Volume #4 -- Number #093

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):
04-New Opinons From TSC
01-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
04-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
MICHAEL RALPH ALFORD

Court:TSC

Attorneys:

For Appellant:              For Appellee:

DAVID L. HAMBLEN            JOHN KNOX WALKUP   
Union City, Tennessee       Attorney General and Reporter

                            MICHAEL E. MOORE
                            Solicitor General

                            GORDON W. SMITH
                            Associate Solicitor General

                            DEBORAH A. TULLIS
                            Assistant Attorney General
                            Nashville, Tennessee

                            JAMES G. WOODALL
                            District Attorney General

                            DONALD H. ALLEN
                            Assistant District Attorney
                            Jackson, Tennessee
                          
Judge:BIRCH

First Paragraph:

The Circuit Court for Madison County entered judgment on a jury
verdict convicting Michael Ralph Alford, the appellant, of aggravated
assault for stabbing Ricky Murchison with the sharp end of a four-way
tire tool and inflicting a wound approximately five to six inches
deep.  Following a hearing, the trial court imposed a sentence of four
years in the Department of Correction.

URL:http://www.tba.org/tba_files/TSC/alfordr_opn.WP6
Opinion-Flash

MARTHA BENTON, Administratrix of    
the Estate of DAVIS RAY BENTON
vs.
CITY OF SPRINGFIELD

Court:TSC

Attorneys: 

FOR APPELLANT:                  FOR APPELLEE:

JAMES C. SUMMERS                JEFF K. WALKER
NASHVILLE                       SPRINGFIELD
                         
Judge:HOLDER

First Paragraph:

We granted review of this workers' compensation case to determine
whether a police officer's coronary heart disease arose out of his
employment with the Springfield Police Department.  A Special Workers'
Compensation Panel held that the plaintiff's injury was compensable. 
We agree with the panel's findings that the plaintiff met the criteria
in Tenn. Code Ann. S 7-51 201(a)(1) and that the presumption afforded
by S 7-51-201 was sufficiently rebutted by expert testimony.  We,
however, hold that the plaintiff failed to show the presence of a
specific acute or sudden stressful event immediately preceding his
heart attack in accordance with our recent holding in Krick v. City of
Lawrenceburg, 945 S.W.2d 709 (Tenn. 1997).  The plaintiff's case is
dismissed.

URL:http://www.tba.org/tba_files/TSC/bentondr_opn.WP6
Opinion-Flash

JIM PARKS
vs.
TENNESSEE MUNICIPAL LEAGUE  
RISK MANAGEMENT POOL, and                       
LARRY BRINTON, DIRECTOR,                         
DIVISION OF WORKERS'            
COMPENSATION, TENNESSEE 
DEPARTMENT OF LABOR, SECOND 
INJURY FUND

Court:TSC

Attorneys: 

For Appellant:                      For Appellee, Jim Parks:
John Knox Walkup                    T. J. Emison
Attorney General and Reporter       Alamo, Tennessee

Dianne Stamey Dycus                 For Appellee, Tennessee Municipal
Senior Counsel                      League Risk Management PooL:
Attorney General's Office           W. Timothy Hayes, Jr.
Nashville, Tennessee                Memphis, Tennessee
                         
Judge:ANDERSON

First Paragraph:

We granted the motion for review filed by the Tennessee Department of
Labor's Second Injury Fund to determine whether an employee who
previously received workers' compensation permanent partial disability
benefits is entitled to permanent partial disability benefits under
Tenn. Code Ann. S 50-6 241(a)(1)(Supp. 1997) for a later work injury
based on his total medical impairment rating for all work injuries or
the medical impairment rating solely attributable to his most recent
work injury.

URL:http://www.tba.org/tba_files/TSC/parksj_opn.WP6
Opinion-Flash

STATE OF TENNESSEE  
vs.
JACQUELINE DEANNA ALEXANDER VICKERS 
and WILLIAM J. BOONE

Court:TSC

Attorneys:

For Appellants:                 For Appellee:

PATRICK MARTIN                  JOHN KNOX WALKUP   
Jackson, Tennessee              Attorney General and Reporter
(For Appellant Vickers)
                                MICHAEL E. MOORE
HENRY HAILE                     Solicitor General
Nashville, Tennessee   
 and                            DAVID M. HIMMELREICH
CARTHEL L. SMITH, JR.           LAURA DYKES
Lexington, TN                   Deputy Attorney General
(For Appellant Boone)
                                ALBERT L. PARTEE, III
                                Senior Counsel
                                Nashville, Tennessee

                                JAMES G. WOODALL
                                District Attorney General
                                Jackson, Tennessee
                          
Judge:BIRCH

First Paragraph:

We granted permission to appeal under Tenn. R. App. P. 11 to the
appellants, Jacqueline Deanna Alexander Vickers and William J. Boone. 
The issue is whether a trial court may conduct a pretrial evidentiary
hearing, pursuant to Tenn. R. Crim. P. 12, to determine the
evidentiary sufficiency relevant to the tolling of the statute of
limitations.  Because the statute of limitations issue presented
herein is not one "which is capable of determination without the trial
of the general issue," we conclude that it should have been submitted
to the jury.  Accordingly, the judgment of the Court of Criminal
Appeals is affirmed.

URL:http://www.tba.org/tba_files/TSC/vickersj_opn.WP6
Opinion-Flash

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
June 15, 1998       

Court:TSC - Rules
                  
URL:http://www.tba.org/tba_files/TSC_RULES/statelst31_wpd.WP6
Opinion-Flash

COMMERCIAL CREDIT PLAN, INC.
vs.
ESTATE OF ARTHUR SMITH, JR., 
EARLINE BRAWLEY,
T.R.W. TITLE INSURANCE
CORPORATION OF NEW YORK, 
a corporation

Court:TCA

Attorneys:

W. Ray Jamieson of Memphis
For Appellee, Commercial Credit Plan, Inc.

Randy S. Gardner, Apperson, Crump,
Duzane & Maxwell of memphis
For Appellant, T.R.W. Title Insurance Corporation 
                          
Judge:CRAWFORD

First Paragraph:

This appeal involves a suit to recover under a policy of title
insurance.  Defendant/Appellant TRW Title Insurance Corporation of New
York (TRW) appeals the judgment of the trial court  awarding plaintiff
Commercial Credit Plan, Inc. (CCP) $23,500.00.

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

JOHN ALAN DU BAN, SR.
vs.
GARY R. WILKINSON

Court:TCA

Attorneys:

John Alan Du Ban, Sr., Pro Se
                        
Harris, Shelton, Dunlap & Cobb
James L. Kirby of Memphis
For Appellee                          

Judge:CRAWFORD

First Paragraph:

This appeal involves a suit by a party to a previous divorce case
against the other party's attorney for actions taken by the attorney
in that proceeding.  Plaintiff, John Alan Du Ban, Sr., appeals the
order of the trial court granting summary judgment to defendant, Gary
Wilkinson, his ex-wife's attorney.

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

BARBARA PIERCE
vs.
STATE OF TENNESSEE

Court:TCA

Attorneys:

L. L. Harrell, Jr.; Harrell & Harrell of Trenton
For Appellant

Beauchamp E. Brogan, General Counsel
JoAnn C. Cutting, Assistant General Counsel
of Memphis, For Appellee
                          
Judge:CRAWFORD

First Paragraph:

This is a medical malpractice case tried by the Tennessee Claims
Commission.  Claimant Barbara Pierce (Pierce) appeals from the
judgment of the Claims Commision for defendant, State of Tennessee. 
Pierce filed this complaint alleging that while a patient at the
Regional Medical Center in Memphis, Tennessee, she had surgery for
removal of her appendix.  She avers that she was under the care and
treatment of Dr. Kenna Williams and Dr. Robert Howell, medical
residents and employees of the State of Tennessee through the
University of Tennessee School of Medicine.  She basically alleges
that the defendant, University of Tennessee, through its employees,
breached the recognized standard of acceptable professional practice
in its medical treatment thus resulting in a severe infection that
necessitated further hospitalization, expense, pain, and suffering.

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

ARDIE TRICE
vs.
JOHNNY LEE KELLY, 
TERRY SELLERS, and
DAVID HALL

Court:TCA

Attorneys: 

Nathan B. Pride of Jackson
For Appellee

David A. Riddick of Jackson
For Appellant, Hall
                         
Judge:CRAWFORD

First Paragraph:

This appeal involves a suit brought by a property owner against a land
surveyor for damages resulting from the unlawful cutting of timber. 
Plaintiff/Appellee, Ardie Trice (Trice), sued his adjacent landowner,
Johnny Lee Kelly (Kelly), and Kelly's timber cutter, Defendant, Terry
Sellers (Sellers), for damages resulting from the unlawful cutting of
his timber.  Kelly and Sellers both answered the complaint and filed
cross-claims against each other seeking indemnification and other
damages.  They also filed third party complaints against the land
surveyor, David Hall.  After Hall was brought in as a third party
defendant, Trice was granted permission to amend his complaint and
bring Hall in as a defendant.  The amended complaint alleges that Hall
performed a faulty survey improperly designating the line between
Kelly and Trice and that because of his failure to mark the correct
line, the timber was cut on Trice's property instead of Kelly's
property.  The complaint seeks damages against Hall as provided by
T.C.A. S 43-28-312 (1993).

URL:http://www.tba.org/tba_files/TCA/triceard_opn.WP6

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