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
- 00-New Opinons From TSC-Rules
- 03-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 06-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
HAROLD TREG COTTON vs. EPSCO, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Steven A. Dix Paul A. Bates McClellan, Powers, Ehmling & Christopher V. Sockwell Dix, P.C. Boston, Bates, Holt & Sockwell 201 West Main Street, Suite 201 235 Waterloo Street Murfreesboro, TN 37130 P.O. Box 357 Lawrenceburg, TN 38464 Judge:BYERS First Paragraph: 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 findings, 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). URL:http://www.tba.org/tba_files/TSC_WCP/cottonh_opn.WP6 KEVIN CURTIS vs. GRUNDY COUNTY SHERIFF'S DEPARTMENT, et al Court:TSC - Workers Comp Panel Attorneys: FOR THE PLAINTIFF/APPELLANT: FOR THE DEFENDANTS/APPELLEES: JEFFREY M. ATHERTON WILLIAM A. LOCKETT FOX & FARMER CLEARY & LOCKETT 200 Franklin Bldg. 530 Pioneer Bank Bldg. Chattanooga, TN 37411 801 Broad Street Chattanooga, TN 37402 Judge:RUSSELL First Paragraph: This case is before us on an interlocutory appeal. Kevin Curtis, then a deputy sheriff for Grundy County and a part-time fireman for the city of Tracy City, accidentally shot himself in the left hand while cleaning his pistol. He sued both the Grundy County Sheriff's Department and Tracy City for worker's compensation benefits on the theory that he was injured while contemporaneously working for both. Each defendant moved for summary judgment, which relief was denied Tracy City but granted to the Grundy County Sheriff's Department. A discretionary appeal from the dismissal of the Grundy County Sheriff's Department was granted. URL:http://www.tba.org/tba_files/TSC_WCP/curtisk_opn.WP6 CHARLOTTE HULL vs. EMRO MARKETING COMPANY, KWIK SAK, INC., RELIANCE INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee (Plaintiff): William M. Billips Steve C. Norris Ortale, Kelley, Herbert & Crawford 28 Middleton Street 200 Fourth Avenue North, 3rd Floor Nashville, TN 37210 Nashville, TN 37219 For the Appellees: Richard E. Spicer Spicer, Flynn & Rudstrom, PLLC 424 Church Street, Suite 1350 Nashville, TN 37219-2305 Judge:BYERS First Paragraph: The trial court found that the plaintiff suffered an injury by accident on February 23, 1995 and was entitled to an award of 22 percent permanent partial impairment to the body as a whole ( $14,080.00 for permanent partial disability and $960.00 for temporary total disability payable in a lump sum), medical expenses incurred after March 9, 1995, and future medical treatment caused by the injury. The trial court ruled that Emro Marketing Company ("Emro") was liable for the award because it was the employer at the time of the most recent injury that bore a causal relation to the plaintiff's incapacity. URL:http://www.tba.org/tba_files/TSC_WCP/hullc_opn.WP6 MICKEY ATKINS vs. TAMMY SUE GROOMS and JEFFREY CHARLES GROOMS Court:TCA Attorneys: REBECCA D. SLONE, Slone & Slone, Dandridge, for Appellant. WILLIAM M. LEIBROCK, Newport, for Appellees. JOHN KNOX WALKUP, Attorney General and Reporter, and SUE A. SHELDON, Assistant Attorney General, for Intervenor, STATE OF TENNESSEE. Judge:McMurray First Paragraph: The plaintiff in this action sought a decree of paternity and to legitimate a child, Jeffrey Chase Grooms, of whom he claimed to be the biological father. At the time of Jeffrey's birth, the appellee,Tammy Grooms,(the mother) was legally married to appellee, Jeffrey Charles Grooms. The trial court dismissed Atkins' petition under the res judicata doctrine, finding that the previous decree of divorce between the appellees had conclusively determined that the appellees were the legal parents of the child. The trial court also found that Atkins had no standing to file a paternity or legitimation petition. URL:http://www.tba.org/tba_files/TCA/atkinsm_opn.WP6 CANONIE ENERGY, INC. and WGI, INC. vs. TENNESSEE ENERGY PIPELINE AND STORAGE COMPANY Court:TCA Attorneys: Lewis S. Howard, Jr., Knoxville, for Appellant. H. Bruce Guyton, Knoxville, for Appellee. Judge:INMAN First Paragraph: This is an action for a declaratory judgment. URL:http://www.tba.org/tba_files/TCA/canonie_ca3.WP6 HELEN EBLEN and KYLE E. BEVERLY, and wife, JUDITH T. BEVERLY vs. LUCILLE JOHNSON and CHERYL ROUSE Court:TCA Attorneys: KATHLEEN E. McGEECHAN, Kingston, for Appellant. HAROLD D. BALCOM, JR., Kingston, for appellees, Helen Eblen, Kyle E. Beverly and wife, Judith T. Beverly. JOHN AGEE, Cooley, Cooley & Agee, Kingston, for appellee, Lucille Johnson. Judge:McMurray First Paragraph: Generally stated, this is a boundary line dispute. The plaintiffs and the defendant, Lucille Johnson, settled all issues between them. The defendant, Rouse, was the immediate vendee from the vendor, Johnson. Rouse filed a cross-claim against Johnson seeking rescission and reimbursement for improvements allegedly made on the property purchased from Johnson. Johnson also filed a cross-claim against Rouse, alleging that Rouse was trespassing on her property by virtue of having built a fence on Johnson's property. She sought damages and injunctive relief. After a bench trial, the trial court established the common boundaries between the litigants and dismissed the cross-claims. From the judgment of the trial court, the defendant, Rouse has appealed. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/eblenh_opn.WP6 DENVER PAT HANKINS and wife, MICHELLE L. HANKINS vs. ROBIN DWAYNE SEATON and PET INCORPORATED Court:TCA Attorneys: DANIEL D. COUGHLIN, Milligan & Coleman, Greenville, for the Intervenor-Appellant, Tennessee Farmers Mutual Insurance Company. ROGER A. WOOLSEY, Greenville, for the Plaintiffs-Appellees and Third Party Defendant-Appellee. Judge:McMurray First Paragraph: This action was originally brought by the plaintiffs-appellees to recover damages for personal injuries and related expenses incurred in a motor vehicle accident. The plaintiffs did not make any claim for property damages. Plaintiffs' property damage was paid under their contract of insurance with the intervenor, Tennessee Farmers Mutual Insurance Company (Tennessee Farmers). Tennessee Farmers also paid plaintiffs' medical expenses in the amount of $1,619.00. The plaintiffs executed a subrogation agreement in favor of Tennessee Farmers. Tennessee Farmers' total subrogation claim was for $4,720.00, representing the medical expenses and $3,101.00 paid for property damages. URL:http://www.tba.org/tba_files/TCA/hankinsd_opn.WP6 JAKE O. PURKEY and TEAM TECHNOLOGIES, INC. vs. DENNIS PURKEY, d/b/a WEST END SERVICE CENTER Court:TCA Attorneys: EDWARD J. WEBB, JR., K. JEFF LUETHKE, Hunter, Smith & Davis, Johnson City, for Appellant. C. DWAINE EVANS, Evans & Beier, Morristown, for Appellees. Judge:McMurray First Paragraph: In this bailment case, plaintiffs, Jake Purkey and Team Technologies, Inc., filed suit after their trucks were destroyed in a fire at the West End Service Center's (defendant) place of business. A jury found the defendant liable for the value of the trucks and also for the rental expenses incurred by Team Technologies in procuring a substitute vehicle after its truck was destroyed. The defendant, Dennis Purkey, owner of the West End Service Station (West End), appeals, arguing there is no material evidence to support the jury's verdict. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/purkeyjo_opn.WP6 ROBERT REDMOND and wife, RUBY REDMOND vs. GREAT AMERICAN INSURANCE COMPANIES and ATHENS INSURANCE COMPANY Court:TCA Attorneys: Jeffrey L. Cunningham, Athens, for Appellant, Great American Ins. Co. Charles E. Ridenour, Sweetwater, for Appellees. Judge:INMAN First Paragraph: This is an action to recover on a policy of fire insurance issued on August 9, 1994 by Great American Insurance Company through its local agency, Athens Insurance Company. The insured property was destroyed by fire on July 2, 1995. Coverage was denied because the claimants made a material misrepresentation in their application for the policy. The Chancellor found that the plaintiffs misrepresented their loss history, but held that the unrevealed loss was not material and allowed a recovery. The defendant appeals and presents for review the issue of whether the concealment of a prior loss from wind damage was a material misrepresentation which increased the risk of loss, and thus voided the policy. Our 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. R. App. P., Rule 13(d); Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996). URL:http://www.tba.org/tba_files/TCA/redmond_ca3.WP6 BONNIE ROACH vs. JAMES V. RENFRO and TTI, INC. and TTI, Inc. vs. DOYLE MARTIN Court:TCA Attorneys: LEWIS A. COMBS, JR., Knoxville, for Appellant. DUDLEY W. TAYLOR, The Taylor Law Firm, and JIMMY KYLE DAVIS, Knoxville, for Appellee. Judge:McMurray First Paragraph: These consolidated cases involves a dispute over the rights to possession and ownership of certain real estate parcels in Knox and Loudon Counties and for damages claimed to have been suffered by the wrongful cutting of timber. The plaintiff, Bonnie Roach, and defendant, James V. Renfro, lived together for over a decade, during which time Renfro was legally married to someone else. Several parcels of land were acquired during the course of the parties' cohabitation. All but one of the parcels were titled in the name of TTI, Inc., a company owned by Renfro. In 1995, approximately sixteen years after the parties ceased cohabitation, during which time Roach had lived on and maintained the property in question, she filed a complaint for declaratory judgment seeking a declaration that she owned the property. The trial court held that: (1) Roach had no interest in the parcels titled in TTI's name, and (2) that she and Renfro owned, as tenants in common, the parcel titled in both their names. Roach appeals the first part of the judgment, and Renfro appeals the second. We affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/roachb_opn.WP6 PAULA M. YORK and BRIAN YORK vs. SEVIER COUNTY AMBULANCE AUTHORITY, ET AL, and BLUE CROSS/BLUE SHIELD of TENNESSEE Court:TCA Attorneys: Daniel M. Gass, Knoxville, for Appellants. Richard T. Wallace, Sevierville, and Stephen J. Cox, Knoxville, for Appellees. Judge:INMAN First Paragraph: Paula York and her son, Brian York, age 9, were injured in a collision on November 4, 1994 in which Ms. York's automobile was struck from behind by a Sevier County Ambulance. She sustained severe injuries and Brian sustained a traumatic arthrotomy of the left knee, a broken left femur, permanent scarring of his legs and psychological injuries. They filed suit against Sevier County Ambulance Authority on June 22, 1995. URL:http://www.tba.org/tba_files/TCA/york_ca3.WP6 JAMES RUSSELL GANN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PRO SE JOHN KNOX WALKUP Attorney General & Reporter TIMOTHY E. BEHAN Assistant Attorney General Cordell Hull Bldg., Second Floor 425 Fifth Avenue, North Nashville, TN 37243-0493 CHARLES E. HAWK, JR. District Attorney General FRANK HARVEY Assistant District Attorney P. O. BOX 703 KINGSTON, tn 37763 Judge:ACREE First Paragraph: The appellant, James Russell Gann, appeals as of right the trial court's dismissal of his petition for a writ of habeas corpus. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/gann_op.WP6 STATE OF TENNESSEE vs. GORDON SCOTT KATZ Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN KNOX WALKUP J. THOMAS MARSHALL, JR. Attorney General & Reporter District Public Defender MICHAEL J. FAHEY, II NANCY MEYER Assistant Attorney General Assistant Public Defender Cordell Hull Building - 2nd Floor 101 South Main Street 425 Fifth Avenue North Suite 450 Nashville, TN 37243 Clinton, TN 37716 JAMES N. RAMSEY District Attorney General JAN HICKS Assistant District Attorney 127 Anderson County Courthouse Clinton, TN 37716 Judge:CLARK First Paragraph: The State of Tennessee appeals from the action of the trial court granting defendant's motion for judgment of acquittal after a jury convicted the defendant of auto burglary and theft of property under $500.00. The judgment of the trial court is reversed. URL:http://www.tba.org/tba_files/TCCA/katz_opn.WP6 STATE OF TENNESSEE vs. THOMAS EUGENE LESTER Court:TCCA Attorneys: For the Appellant: For the Appellee: Ardena J. Garth John Knox Walkup District Public Defender Attorney General and Reporter Rich A. Heinsman, Jr. Clinton J. Morgan Assistant Public Defender Assistant Attorney General (At trial) 425 Fifth Avenue North Nashville, TN 37243-0493 Donna R. Miller Assistant Public Defender 701 Cherry Street, Suite 301 William H. Cox, III Chattanooga, TN 37402 District Attorney General (On appeal) C. Leland Davis Assistant District Attorney 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:Barker First Paragraph: The appellant, Thomas Eugene Lester, appeals as of right his conviction in the Hamilton County Criminal Court of aggravated assault. He received a sentence of six years to be served on intensive probation as a Range I offender. On appeal, he challenges only the sufficiency of the evidence. We affirm appellant's conviction. URL:http://www.tba.org/tba_files/TCCA/lesterte_opn.WP6 STATE OF TENNESSEE vs. DAVID RAY McCORMICK Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE John Knox Walkup Jeffrey A. Devasher Attorney General and Reporter Assistant Public Defender 425 Fifth Avenue, North (On Appeal) Nashville, TN 37243 Karen M. Yacuzzo Stephen G. Young Assistant Attorney General Assistant Public Defender 425 Fifth Avenue, North (At Hearing) Nashville, TN 378243 1202 Stahlman Bldg. Nashville, TN 37201 Jim Milam Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:LAFFERTY First Paragraph: The defendant, David McCormick, pled guilty to aggravated assault. The trial court, after a sentencing hearing, sentenced the defendant to confinement in the community corrections for six years. As conditions of this placement in community corrections, the trial court required the defendant to pay for electronic monitoring; ordered house arrest except for employment; and ordered the defendant to pay fifty percent of his net income for restitution and costs. URL:http://www.tba.org/tba_files/TCCA/mccormdr_opn.WP6 CHARLES D. PRICE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS A. LONGABERGER JOHN KNOX WALKUP 300 James Robertson Parkway Attorney General and Reporter Nashville, Tn 37201 ELLEN H. POLLACK Assistant Attorney General 450 James Robertson Parkway Nashville, Tn 37243 VICTOR S. JOHNSON District Attorney General STEVE DOZIER Assistant District Attorney Washington Sq., Ste. 500 222-2nd Avenue North Nashville, TN 37201-1649 Judge:SMITH First Paragraph: On November 17, 1995, Appellant, Charles D. Price, entered a guilty plea to being a habitual motor vehicle offender. After the plea, but before sentencing, Appellant broke his back. As a result of requiring medical care and physical therapy to help him recover from his accident, Appellant agreed to a three year and one day sentence so that he could be sent to the Special Needs Facility. Appellant began serving his sentence November 20, 1995. He was granted parole on February 7, 1997, but was reincarcerated after a parole violation on March 4, 1997. Appellant filed a writ of habeas corpus in the trial court, claiming that the sentence imposed in his case was illegal in that he was improperly sentenced as a Range II offender. Appellant was released from state custody in November 30, 1997. URL:http://www.tba.org/tba_files/TCCA/pricecha_ord.WP6 STATE OF TENNESSEE vs. RODNEY J. D. SMITH Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Shara A. Flacy John Knox Walkup Public Defender Attorney General and Reporter 22nd Judicial District 425 Fifth Avenue, N. 128 N. Second St. Nashville, TN 37243 Pulaski, TN 38478 Daniel J. Runde Karen M. Yacuzzo Assistant Public Defender Assistant Attorney General 22nd Judicial District 425 Fifth Avenue, N. 128 N. Second St. Nashville, TN 378243 Pulaski, TN 38478 Mike Bottoms District Attorney General P. O. Box 459 Lawrenceburg, TN 38464 James G. White Asst District Attorney General P. O. Box 459 Lawrenceburg, TN 38464 Judge:LAFFERTY First Paragraph: The defendant presents an appeal as of right from the judgment of the trial court denying probation or an alternative sentence. On December 6, 1996, the defendant entered a plea of nolo contendere in cause #15,529 to facilitation to commit murder second degree, agreeing to a sentence of eight (8) years; in cause #15, 298, to the offense of robbery, agreeing to a sentence of three (3) years consecutive to #15, 529; in cause #15, 299, in counts one and two to the offense of robbery, agreeing to a sentence of six (6) years concurrently on each count; in cause # 15,300, in counts one and two to the offense of robbery, agreeing to a sentence of six (6) years concurrently on each count; and in cause #15,301 to the offense of robbery, agreeing to a sentence of four (4) years consecutive to causes #15,529 and #15,298. The agreed sentence was a Range I, maximum of 15 years and it was understood the defendant would seek probation or an alternative sentence. URL:http://www.tba.org/tba_files/TCCA/smithrjd_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank