TBALink Opinion-Flash

June 29, 1998 -- Volume #4 -- Number #099

Here is today's issue of TBALink Opinion-Flash. What follows are 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
03-New Opinons From TSC-Workers Comp Panel
10-New Opinons From TCA
00-New Opinons From TCCA

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Lucian T. Pera
Editor-in-Chief, TBALink



DORIS BARNES
vs.
CIGNA INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:  
For the Appellant:          For the Appellee:
James Belew Webb            Ricky L. Boren
Jason C. Scott              Hill & Boren, P.C.
1066 S. Main Street         1269 N. Highland Avenue
P.O. Box 679                P.O. Box 3539
Milan, TN  38358            Jackson, TN  38303-3539                        

Judge: LAFFERTY

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). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case.  See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988). AFFIRMED.


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

SAMMY MOORE
vs.
A. O. SMITH

Court:TSC - Workers Comp Panel

Attorneys:  
For the Appellee:                   For the Appellant:
Edward L. Martindale, Jr.           Kathryn S. Kibbee
DREW & MARTINDALE, P.C.             RAINEY, KIZER, BUTLER, REVIERE 
470 North Parkway, Suite C            & BELL   
Jackson, TN 38305                   P.O. Box 1147
                                    Jackson, TN 38302-1147
                        
Judge: STAFFORD

First Paragraph:

The only issue for the Panel's consideration is whether a
preponderance of the evidence supports the trial court's award of 48%
permanent partial disability to each upper extremity.  We find that it
does and affirm the trial court's judgment as modified.

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

VICTOR A. WYNN
vs.
PERMA-FIX and THE TRAVELERS 
INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 
For the Appellant:              For the Appellee:
John W. Leach                   Richard L. Rikard
80 Monroe Avenue, Suite 500     6055 Primacy Parkway, Suite 115
Memphis, TN  38103              Memphis, TN  38119-5761
                         
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). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case.  See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988). AFFIRMED.

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

IN RE: ESTATE OF CLIMER E. CONNATSER
GARY MICHAEL CONNATSER
vs.   
BEATRICE CONNATSER, EXECUTRIX

Court:TCA

Attorneys: 
GARY MICHAEL CONNATSER, Pro Se, Louisville, Appellant.
ANGELIA D. MOORIE, Nicholson, Garner & Duggan, Maryville, for
Appellee.

Judge: McMurray

First Paragraph:

This is a will contest.  The contestant, Gary Michael Connatser,
charges in his pleadings that the testator was mentally incompetent at
the time of the making of the will and further that the testator was
subjected to undue influence by the legatees named in the will.  The
executrix, Beatrice Connatser, moved for summary judgment.  Upon
consideration, the court sustained the motion and entered judgment
upholding the will.  This appeal resulted.  We affirm the judgment of
the trial court.

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

CITY OF KNOXVILLE
vs.
GARUIN LEOTTO CURRIER

Court:TCA

Attorneys: 
GEORGE T. UNDERWOOD, JR., Knoxville, for Plaintiff-Appellee.
RONALD L. GRIMM and ROBERT B. FROST, AMBROSE, WILSON, GRIMM & DURAND,
Knoxville, for Defendant-Appellant.

Judge: Franks

First Paragraph:

The City of Knoxville charged defendant with violating the City's
ordinance Section 16.188, i.e., defendant sold a pawned television
which was not held for ninety days before sale as required by the
ordinance. REVERSED AND REMANDED.

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

EDWARD FYE, individually and
as husband of the deceased,
BARBARA MAY FYE
vs.
ANNE D. KENNEDY and JAMES D. KENNEDY, III

Court:TCA
Attorneys: For Appellant        For Appellees
C. MARK WARREN                  SAMUEL R. ANDERSON
Duncan, Mosley & Warren         E. MATTIAS JANNERBO
Chattanooga, Tennessee          Luther-Anderson, PLLP
                                Chattanooga, Tennessee

                                CAROL A. MUTTER
                                Lookout Mountain, Tennessee

Judge: Susano

First Paragraph:

This is a wrongful death and loss of services action that arose out of
a two-vehicle accident.  Following the second of two jury trials, the
trial court, acting pursuant to Rule 50, Tenn.R.Civ.P., set aside the
jury's verdict for the plaintiff, Edward Fye, and directed the entry
of a judgment for the remaining defendants, Anne D. Kennedy and James
D. Kennedy, III.  Plaintiff appealed. VACATED IN PART AFFIRMED IN PART
REMANDED FOR NEW TRIAL.

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

JUDD'S INCORPORATED
vs.
DORIS L. MUIR and husband
ALLAN T. MUIR
and 
HOLLADAY-TYLER PRINTING,INC.

Court:TCA

Attorneys: 
Richard Baker, Knoxville, for Appellants, Doris L. Muir and Allan T.
Muir.
James H. Ripley, Sevierville, for Appellee, Judd's Inc.
Edward H. Hamilton, Douglas S. Yates, Joseph P. Stapleton,
Sevierville, for Appellee Holladay-Tyler Printing, Inc.

Judge: INMAN

First Paragraph:

Muir Publishing Company, Ltd., Inc. [Muir Tennessee]. sitused in Cocke
County, Tennessee, published a log home magazine.  After Muir
Tennessee bankrupted, two of its creditors filed this action against
Doris L. Muir, President and COO of the corporation, and her husband,
Allan T. Muir, sole stockholder of the corporation, to recover
substantial amounts owing to each creditor, alleging that the Muirs
were personally liable under the alter ego doctrine and that the
corporate charter should be disregarded in order to onerate its
President and sole shareholder with liability for the debts.

URL:http://www.tba.org/tba_files/TCA/judds_ca3.WP6
Opinion-Flash

KELLOGG COMPANY and KELLOGG, U.S.A., INC.
vs.
TENNESSEE ASSESSMENT APPEALS COMMISSION, STATE OF TENNESSEE, STATE
BOARD OF EQUALIZATION; HAROLD S. STERLING, SHELBY COUNTY ASSESSOR; BOB
PATTERSON, SHELBY COUNTY TRUSTEE, STATE OF TENNESSEE, DIVISION OF
PROPERTY ASSESSMENTS, and SHELBY COUNTY, TENNESSEE

Court:TCA

Attorneys:                          

ALLAN J. WADE
BAKER, DONELSON, BEARMAN
& CALDWELL
Memphis, Tennessee
Attorney for Appellants

JOHN KNOX WALKUP
Attorney General and Reporter
JOHN J. HANCOCK
Assistant Attorney General
Nashville, Tennessee
Attorney for Appellees Tenn. Assessment Appeals Comm., 
Tennessee State Board of Equalization, and
State of Tennessee Division of Property Assessments

THOMAS E. WILLIAMS
Special Counsel-Shelby County Government
Memphis, Tennessee
Attorney for Appellees Shelby County, Tennessee, Bob Patterson, Shelby
County Trustee, and Harold S. Sterling, Shelby County Assessor,for
Appellee Holladay-Tyler Printing, Inc.

Judge: FARMER

First Paragraph:

Kellogg Company and Kellogg, U.S.A., Inc. appeal from the judgment of
the trial court dismissing their "petition for judicial review" on the
ground that the court lacked subject matter jurisdiction.  The
petition sought review of the decision of the Tennessee Assessment
Appeals Commission and the Tennessee State Board of Equalization
(Board) that the Shelby County Assessor  had properly assessed certain
tangible personal property, identified as "Construction In Process"
(CIP), owned by Kellogg on the effective date of January 1, 1993. 
Kellogg paid the taxes under protest. The chancery court dismissed the
petition on the ground that Kellogg had failed to first exhaust its
administrative remedies before seeking judicial review.  The parties
now agree, in light of our supreme court's decision in Thomas v. State
Board of Equalization, 940 S.W.2d 563 (Tenn. 1997), that the trial
court erred in dismissing the petition. It is clear from the parties'
briefs that they further do not dispute that this matter is properly
before this court for review on its merits and that a remand to the
trial court is unnecessary.  We agree that Kellogg's petition was
improperly dismissed by the trial court  and hereby reverse its
decision.  Furthermore, after review of the merits, we have determined
that the taxation of Kellogg was improper. REVERSED AND REMANDED.

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

ANN C. KING
vs.
DAVID M. KING

Court:TCA

Attorneys: 
DAVID L. VALONE, Lockridge, Becker & Valone, P.C., Knoxville, for
Appellant. DAIL R. CANTRELL, Cantrell, Pratt & Varsalona, Clinton, for
Appellee.
                        
Judge: McMurray

First Paragraph:

In this divorce action, the defendant, David M. King, (husband)
challenges the equity of the trial court's division of the marital
estate.  He asserts that it was not an equitable division.  We
respectfully disagree and affirm the trial court.

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

TERESA MELTON MOORE
vs.
CHRISTA MILLION FEATHERS and TRACY FEATHERS

Court:TCA

Attorneys:  
Gary E. Brewer and Leslie A. Muse, Morristown, for Appellant
Robert D. Arnold, Johnson City, for Appellees.
                        
Judge: INMAN

First Paragraph:

Plaintiff/Appellant ["Moore"] brought this action for personal
injuries resulting from an automobile accident which occurred on June
6, 1991.  The trial court dismissed the claim as barred by the statute
of limitations. We reverse the judgment.

URL:http://www.tba.org/tba_files/TCA/moore2_ca3.WP6
Opinion-Flash

HAROLD REECE & MIKE GRIMMETT
vs.
KAREN REDDICK & LARRY REDDICK

Court:TCA

Attorneys:                          
LLOYD A. LEVITT, LEVITT & LEVITT, Chattanooga, for
Plaintiffs-Appellees.
LAURA BETH RUFOLO, ROBINSON, SMITH & WELLS, Chattanooga, for
Defendants-Appellants.

Judge: Franks

First Paragraph:

In this action for damages for injuries sustained as a result of an
automobile accident, the Trial Judge, after a bench trial, entered
judgment for the plaintiffs and defendants have appealed.

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

FRANK SANJURJO, ET AL.
vs.
LOWELL WOODS

Court:TCA

Attorneys:
EDGAR A. WILDER, Maryville, for Plaintiffs-Appellees.
ROBERT W. WHITE, SHEPHERD & WHITE, Maryville, for Defendant-Appellant.

Judge: Franks

First Paragraph:

The determinative issue on appeal is whether restrictions in
defendant's deed prevent his converting fourteen units which had
comprised motel rooms, into dwelling houses on the property.  The
Trial Judge enjoined defendant from installing these units on the
restricted property.

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

DAVID A. WILHOITE, SR.
vs.
NINA B. PROFFITT, ET AL

Court:TCA

Attorneys:   
JAMES M. CRAIN, Knoxville, for Plaintiffs-Appellants.
CLYDE A. DUNN, Newport, JAMES McSWEEN and FRED HOLT, McSWEEN &
McSWEEN, Newport, and JAMES RIPLEY, SHARP & RIPLEY, Sevierville, for
Defendants-Appellees.

Judge: Franks

First Paragraph:

In this action plaintiffs sought rescission of the purchase of a motel
or damages, based upon alleged fraudulent misrepresentations during
negotiations for the purchase.  Plaintiffs sued the owners, a real
estate firm, Barbara's Real Estate, and the Trustee.  On September 8,
1994, plaintiffs agreed to purchase the property and received a deed
to the property on September 13, 1994.  They elected not to make any
payments on their loan and the property was foreclosed in November,
1995.  This action was filed prior to foreclosure on February 7, 1995.

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

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