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
- 02-New Opinons From TSC-Workers Comp Panel
- 09-New Opinons From TCA
- 07-New Opinons From TCCA
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WILLIAM FLETCHER vs. WAUSAU INSURANCE COMPANY NATIONAL SURETY CORPORATION and TANKNOLOGY CORPORATION INTERNATIONAL Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: Robert R. Davies John D. Agee Stokes, Fansler & Williams Cooley, Cooley & Agee One Centre Square, Suite 200 155 East Race Street 620 Market Street P.O. Box 730 P.O. Box 2644 Kingston, Tenn. 37763 Knoxville, Tenn. 37901 David E. Smith Hodges, Doughty & Carson 617 West Main Street P.O. Box 869 Knoxville, Tenn. 37901-0869 Judge:THAYER First Paragraph: The trial court awarded plaintiff, William Fletcher, 20% permanent partial disability to the body as a whole and other statutory benefits against defendant, Wausau Insurance Company, and defendant-employer, Tanknology Corporation International. The claim was dismissed as to defendant, National Surety Corporation, and there has been no appeal from the order of dismissal. URL:http://www.tba.org/tba_files/TSC_WCP/fletcher_wc.WP6 BOBBY LEE POWERS vs. AETNA CASUALTY & SURETY COMPANY and DINA TOBIN, DIRECTOR OF THE SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: J. William Coley Roger L. Ridenour Hodges, Doughty & Carson Ridenour, Ridenour & Fox 617 Main Street P.O. Box 530 P.O. Box 869 Clinton, Tn. 37717-0530 Knoxville, Tn. 37901-0869 Sandra E. Keith Assistant Atty. General 425 5th Avenue North 2nd Floor, Cordell Hull Bldg. Nashville, Tn. 37243-0499 Judge:THAYER First Paragraph: The trial court found plaintiff, Bobby Lee Powers, to be 100% disabled and awarded benefits for a period of 400 weeks pursuant to the provisions of T.C.A. S 50-6-242. The judgment recited plaintiff was "found to have a 100 percent permanent, partial disability." Defendant insurance carrier, Aetna Casualty & Surety Company, was held liable for 80% of the award and the remaining 20% was allocated to the Second Injury Fund. URL:http://www.tba.org/tba_files/TSC_WCP/power_wc.WP6 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/statelst32_wpd.WP6 DANNY CARD vs. TENNESSEE CIVIL SERVICE COMMISSION and the TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION Court:TCA Attorneys: FRANK J. SCANLON 214 Second Avenue, North Suite 300 Nashville, Tennessee 37201 Attorney for Petitioner/Appellant JOHN KNOX WALKUP Attorney General and Reporter WILLIAM J. MARETT, JR. Assistant Attorney General 425 5th Avenue North, 2nd Floor Nashville, Tennessee 37243-0490 Attorney for Respondents/Appellees Judge:CANTRELL First Paragraph: The issue in this appeal is whether the Tennessee Civil Service Commission abused its discretion when it dismissed the appellant's Step V grievance because he failed to furnish the documentation required for the hearing in a timely fashion. The Chancery Court of Davidson County dismissed the petition to review the Commission's action. We affirm. URL:http://www.tba.org/tba_files/TCA/cardd_opn.WP6 JAMES CHASE, JR. vs. PHYSIOTHERAPY ASSOCIATES, INC., F. WILLIAM HACKMEYER, JR., and EVERETT P. HAILEY Court:TCA Attorneys: Eugene C. Gaerig of Memphis For Appellant John W. Leach of Memphis Spicer, Flynn & Rudstrom of Memphis, of Counsel For Appellees Judge:CRAWFORD First Paragraph: This is premises liability suit. Plaintiff, James Chase, Jr. (Chase), appeals the trial court's entry of a judgment on the jury verdict finding that the defendants, F. William Hackmeyer, Jr. and Everett P. Hailey, were 50% negligent and that Chase was 50% negligent, therefore barring Chase's recovery. URL:http://www.tba.org/tba_files/TCA/chasejam_opn.WP6 PAMELA A. GORDON and SAMMY D. GORDON vs. DR. DONALD WILSON, M.D., and THE JACKSON CLINIC PROFESSIONAL ASSOCIATION Court:TCA Attorneys: AL H. THOMAS IRA M. THOMAS THOMAS & THOMAS Memphis, Tennessee Attorneys for Appellants MARTY R. PHILLIPS KEVIN J. YOUNGBERG RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C. Jackson, Tennessee Attorneys for Appellees Judge:HIGHERS First Paragraph: Plaintiffs Pamela A. and Sammy D. Gordon appeal the trial court's judgment dismissing their medical malpractice action against Defendants/Appellees Donald Wilson, M.D., and the Jackson Clinic Professional Association. The trial court dismissed the Gordons' action based on their failure to comply with the trial court's previous discovery order. We conclude that the trial court did not abuse its discretion when it dismissed the Gordons' action and, thus, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/gordonpa_opn.WP6 ELMER R. KINNEY and wife, VESTA L. KINNEY vs. WAYMON H. HALE Court:TCA Attorneys: CHARLES S. RAMSEY, JR. 114 North Spring Street Manchester, Tennessee 37355 Attorney for Plaintiff/Appellant B. TIMOTHY PIRTLE Third Floor, City Bank Building McMinnville, Tennessee 37110 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: In an action for breach of warranty, misrepresentation, and negligent design or construction of a house, the Circuit Court of Warren County granted summary judgment to the vendor. On appeal the purchaser argues that the trial judge mis-applied the law and overlooked facts in the record that make summary judgment improper. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/kinneyer_opn.WP6 KATHLEEN M. LYLE vs. MICHELSON ASSET MANAGEMENT, INC., and CREEKSTONE APARTMENTS ASSOCIATES, L.P. and CREEKSTONE MANAGEMENT, L.L.C. Court:TCA Attorneys: Cleve Weathers, #2418 BRUCE, WEATHERS, CORLEY, DUGHMAN & LYLE First American Center Suite 2075 315 Deaderick Street Nashville, Tennessee 37238-2075 ATTORNEY FOR PLAINTIFF/APPELLANT William B. Jakes, III, #10247 HOWELL & FISHER Court Square Building 300 James Robertson Parkway Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The appellant, Kathleen M. Lyle, has appealed from a summary judgment dismissing her suit against her landlord, the captioned defendants, for injuries received in a slip and fall on a common area of the leasehold premises. URL:http://www.tba.org/tba_files/TCA/lylekm_opn.WP6 ELI MIKE, an individual, JAMES A. SCHRAMPFER, an individual, and JANE B. FORBES, as Trustee in bankruptcy for the estate of DAVID L. OSBORN vs. PO GROUP, INC., a Tennessee corporation; JAMES W. (BILL) ANDERSON, III, an individual; and HAROLD L. JENKINS, an individual Court:TCA Attorneys: John C. Tishler, #13441 TUKE, YOPP & SWEENEY 17th Floor, Third National Bank Bldg. 201 Fourth Avenue North Nashville, Tennessee 37219-2040 ATTORNEY FOR PLAINTIFFS/APPELLANTS William L. Harbison, #7012 Andrew J. Pulliam, #16863 SHERRARD & ROE 424 Church Street, Suite 2000 Nashville, Tennessee 37219 D. Denty Cheatham CHEATHAM & PALERMO 43 Music Square West P.O. Box 121857 Nashville, Tennessee 37212-1857 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The captioned plaintiffs' have appealed from a summary judgment dismissing plaintiffs' actions against the corporate defendant for the value of their stock as dissenting minority shareholders and their action against the individual defendants for breach of fiduciary duty as corporate directors. URL:http://www.tba.org/tba_files/TCA/mikeeli_opn.WP6 EVERETT C. SIMMONS, M.D. vs. RUTH E. JOHNSON, COMMISSIONER OF REVENUE, STATE OF TENNESSEE Court:TCA Attorneys: EVERETT C. SIMMONS, M.D. P. O. Box 339 Grimesland, North Carolina 27837 Pro Se/Plaintiff/Appellant JOHN KNOX WALKUP Attorney General & Reporter STACY E. GIBSON Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243-0489 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: A doctor who maintained medical licenses in both Tennessee and North Carolina received an assessment for payment of the Tennessee professional privilege tax. He filed suit against the Commissioner of Revenue, challenging the imposition of the tax on the ground that he was not actively engaged in the practice of medicine in Tennessee. The trial court granted summary judgment to the Commissioner. We affirm. URL:http://www.tba.org/tba_files/TCA/simmonec_opn.WP6 DEBORAH L. WALLER and WILLIAM WALLER SHELTER INSURANCE COMPANIES vs. DONALD H. AMMON, SAMELSON-LEON CO., INC., and NICOTIANA ENTERPRISES, INC. Court:TCA Attorneys: For Shelter Insurance Companies: For Deborah L. and William Waller: Joseph M. Huffaker Thomas C. Gorham Ortale, Kelley, Herbert & Crawford James L. Woodard & Associates Nashville, Tennessee Franklin, Tennessee Judge:KOCH First Paragraph: This appeal involves a dispute between a motorist and her insurance company over the company's subrogation claim and its obligation to pay the motorist the maximum amount of its policy's medical expense coverage. Following a collision in which her vehicle was struck from the rear, the motorist brought suit in the Circuit Court for Williamson County against the driver of the other vehicle and his employer. The motorist's insurance company intervened to recover from the defendants the payments it made to the motorist for part of her medical expenses. The motorist eventually settled with the defendants, and the trial court dismissed all claims against the defendants after they paid into court an amount equal to the payments for medical expenses advanced by the motorist's insurer. The motorist thereafter moved for summary judgment on her claims for the funds paid into court and for the unpaid medical expenses under her insurance policy. The trial court awarded the motorist the funds paid into court and also gave her a judgment for the unpaid medical expenses up to her insurance policy's limits. We have determined that the summary judgment was unwarranted and, accordingly, vacate the judgment and remand the case for further proceedings. URL:http://www.tba.org/tba_files/TCA/wallerdl_opn.WP6 CONSTANCE ANNE YANCE vs. JERRY LEE YANCE Court:TCA Attorneys: Jeffrey A. Smith, Trenton, Tennessee, for Petitioner/Appellant. Robert Kinton, Trenton, Tennessee, for Respondent/Appellee. Judge:FARMER First Paragraph: Constance Ann Yance and Jerry Lee Yance were divorced by decree entered June 30, 1995. Mr. Yance was ordered to pay alimony in the amount of $75 per week until the death or remarriage of Ms. Yance. URL:http://www.tba.org/tba_files/TCA/yanceca_opn.WP6 STATE OF TENNESSEE vs. JOHNNY K. BLANKENSHIP Court:TCCA Attorneys: For the Appellant: For the Appellee: Mack Garner John Knox Walkup District Public Defender Attorney General of Tennessee 419 High Street and Maryville, TN 37804 Todd R. Kelley (AT TRIAL) Asst Attorney General of Tennessee 425 Fifth Avenue North John E. Herbison Nashville, TN 37243-0493 2016 Eighth Avenue South Nashville, TN 37204 Michael L. Flynn (ON APPEAL) District Attorney General and Philip Morton Asst District Attorney General 363 High Street Maryville, TN 37804 Judge:Tipton First Paragraph: The defendant, Johnny K. Blankenship, appeals as of right from his conviction upon a guilty plea in the Blount County Circuit Court for obtaining a controlled substance by forgery, a Class D felony. The trial court sentenced the defendant as a Range I, standard offender to three years incarceration in the custody of the Department of Correction to be suspended and served on probation after serving thirty days in the county jail. The trial court also imposed a five hundred dollar fine. The defendant contends that the sentence imposed is excessive and that the trial court erred by denying full probation. We affirm the judgment of conviction. URL:http://www.tba.org/tba_files/TCCA/blanknjk_opn.WP6 STATE OF TENNESSEE vs. TERRON PAUL BORDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Lloyd R. Tatum John Knox Walkup Tatum, Tatum & Weinman Attorney General & Reporter Attorneys at Law 124 E. Main Street Peter M. Coughlan P.O. Box 293 Assistant Attorney General Henderson, TN 38340 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243-0493 Elizabeth T. Rice District Attorney General Ed Neal McDaniel Asst District Attorney General 302 Market Street Somerville, TN 38068 Judge:SUMMERS First Paragraph: The appellant, Terron Paul Borden, was arrested on February 28, 1997, in McNairy County for driving on a revoked license, speeding, and violation of the Motor Vehicle Habitual Offenders Act (HMVO). He retained a lawyer. Counsel appeared with him in the McNairy County General Sessions Court on April 18, 1997. Plea negotiations ensued. The appellant entered a guilty plea to driving on a revoked license. He waived his right to a preliminary hearing on the HMVO charge. A true bill of indictment was returned by the McNairy County Grand Jury on the HMVO charge on June 9, 1997. URL:http://www.tba.org/tba_files/TCCA/bordentp_opn.WP6 STATE OF TENNESSEE vs. CHRISTOPHER DAVIS Court:TCCA Judge:Peay First Paragraph: The defendant has filed application for permission to appeal pursuant to T.R.A.P. 9 from an order of the Davidson County Criminal Court. In opposing the application, the state relies on its response in State v. Paul Dennis Reid, Jr., No. 01C01-9805-CC-00213. After reviewing the pleadings, we grant the defendant's Rule 9 application in the present case and affirm as modified the trial court's order. URL:http://www.tba.org/tba_files/TCCA/davisc_ord.WP6 STATE OF TENNESSEE vs. RAYMOND W. HOUSTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM H. BELL JOHN KNOX WALKUP 114 South Main St. Attorney General & Reporter Greeneville, TN 37743 JANIS L. TURNER Counsel for the State 425 Fifth Ave., North Cordell Hull Bldg., Second Fl. Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General CECIL C. MILLS, JR. Asst. District Attorney General P.O. Box 1876 Greeneville, TN 37744 Judge:PEAY First Paragraph: The defendant was convicted of driving while under the influence, second offense, and of failure to yield. The trial court sentenced him to eleven months, twenty-nine days with a seventy-five percent release eligibility for the driving while under the influence and thirty days for the failure to yield. In this appeal as of right, the defendant argues that the evidence was insufficient to support his convictions and that his sentence is excessive. He also challenges rulings made by the trial court with regard to witness testimony. After a review of the record and applicable law, we find no merit to the defendant's arguments and, therefore, affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/houstonr_opn.WP6 STATE OF TENNESSEE vs. RICKY DALE McNEESE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD KERSHAW JOHN KNOX WALKUP 128 South Main St. Attorney General & Reporter Suite 102 Greeneville, TN 37743 ELLEN H. POLLACK Asst. Attorney General 425 Fifth Ave., North Cordell Hull Bldg., Second Fl. Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General ERIC D. CHRISTIANSEN Asst. District Attorney General 109 South Main St. Greeneville, TN 37743 Judge:PEAY First Paragraph: The Greene County grand jury indicted the defendant on one count of driving while under the influence. Following a trial, a jury convicted him of the charged offense. Immediately following the verdict, the trial judge sentenced him to eleven months, twenty-nine days with all but ten days suspended. URL:http://www.tba.org/tba_files/TCCA/mcneeser_opn.WP6 STATE OF TENNESSEE vs. DONDIE EUGENE TIDWELL Court:TCCA Judge:Peay First Paragraph: The defendant has filed application for permission to appeal pursuant to T.R.A.P. 9 from an order of the Rutherford County Circuit Court. In opposing the application, the state relies on its response in State v. Paul Dennis Reid, Jr., No. 01C01-9805-CC-00213. After reviewing the pleadings, we grant the defendant's Rule 9 application in the present case and affirm as modified the trial court's order. URL:http://www.tba.org/tba_files/TCCA/tidwelld_ord.WP6 STATE OF TENNESSEE vs. DEVON WELLS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN HARWELL DICKEY JOHN KNOX WALKUP District Public Defender Attorney General & Reporter CURTIS H. GANN JANIS L. TURNER Assistant Public Defender Assistant Attorney General 105 South Main 2nd Floor, Cordell Hull Building P.O. Box 1119 425 Fifth Avenue North Fayetteville, TN 37334 Nashville, TN 37243 WILLIAM MICHAEL McCOWN District Attorney General WEAKLEY E. BARNARD Asst District Attorney General J.B. COX Asst District Attorney General P.O. Box 904 Fayetteville, TN 37334 Judge:WOODALL First Paragraph: The Defendant, Devon Wells, appeals his convictions of two counts of sale of a Schedule II controlled substance following a jury trial in the Lincoln County Circuit Court. The trial court sentenced him as a Range II Multiple Offender to two consecutive sentences of nine (9) and seven (7) years. He was also fined a total of $100,000 for the two convictions. In this appeal, Defendant argues that the evidence was insufficient to establish guilt beyond a reasonable doubt and that the sentence imposed was excessive and contrary to law. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wellsd_opn.WP6
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