TBALink Opinion-Flash

July 1, 1998 -- Volume #4 -- Number #101

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
01-New Opinons From TSC-Rules
04-New Opinons From TSC-Workers Comp Panel
03-New Opinons From TCA
00-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.

Lucian T. Pera
Editor-in-Chief, TBALink


MARTHA MAI EDEN
vs.
EMPLOYERS INSURANCE OF WAUSAU MUTUAL COMPANY 
and WESTERN RESERVE PRODUCTS

Court:TSC - Workers Comp Panel

Attorneys:  

FOR THE APPELLANTS:                  FOR THE APPELLEE:
MARTIN D. HOLMES                     FRANK D. FARRAR      
STEWART, ESTES & DONNELL             WILLIAM JOSEPH BUTLER   
14th Floor, 424 Church Street        FARRAR & HOLLIMAN          
SunTrust Center                      P. O. Box 280
Nashville, TN 37219                  Lafayette, TN 37083                        

Judge: RUSSELL

First Paragraph:

The appellee, Martha Mai Eden, had been working five days for Western
Reserve Products when she fell from a platform and suffered a
minimally displaced left fibula fracture.  Her left foot was placed in
a cast and she was taken off from work for six weeks.  About two
months after the initial injury she twisted her same ankle on the job,
causing a visible fracture at the old fracture site, and a slight
change in the alignment.  Another cast was fitted.  The fracture did
not heal properly and surgery was performed on an out-patient basis,
and plates were attached by screws.  She returned to work on March 6,
1996. AFFIRMED, AS MODIFIED.

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

GALLATIN ALUMINUM PRODUCTS, INC.
vs.
ROSIE L. HARRIS

Court:TSC - Workers Comp Panel

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:
GARY R. GOBER                   ARTHUR E. McCLELLAN   
BRUCE BALCOM                    116 Public Square        
P.O. Box 121497                 Gallatin, Tennessee 37066     
Nashville, Tennessee 37212                      
                         
Judge: RUSSELL

First Paragraph:

This case involves a claim for compensation based upon a diagnosis of
injury to the employee of bilateral carpal tunnel syndrome.  The trial
judge dismissed the case for the employee's failure to give timely
notice of the injury as required by T.C.A. Sec. 50-6-201, and for the
failure of the employee to prove that the injury and also the
resultant depression was caused by the work performed in the course
and scope of the subject employment. AFFIRMED.

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

THOMAS HUGGINS
vs.  
ROYAL INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:
DAVID T. HOOPER                     FRED C. DANCE         
HOOPER & HOOPER                     DANCE, DANCE & LANE      
109 Westpark Drive                  3200 West End Avenue 
Suite 410                           Suite 101
Brentwood, Tennessee 37027          Nashville, Tennessee 37203                         

Judge: RUSSELL

First Paragraph:

The injured employee, Thomas Huggins, while working for Cummings Sign
Company (insured by Royal Insurance Company) fell 10-12 feet from atop
a sign on June 22, 1993.  Mr. Huggins apparently landed upon his head
and was rendered unconscious.  He suffered a fracture of the skull
base.  Later he was diagnosed with seizures and occipital neuralgia.
AFFIRMED.

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

JERRY J. ROBERTS
vs. 
GEORGE BEELER, individually and d/b/a 
GEORGE BEELER AUTO DELIVERY, and
CIGNA INSURANCE COMPANY, and STATE OF TENNESSEE 
SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLANT:                   FOR THE APPELLEES:
STEPHEN D. KARR                      KITTY BOYTE          
STILLMAN, KARR & WISE                KIMBRA SPANN               
430 Third Avenue, North              GRACY, RUTH, HOWARD, TATE &  
Suite 300                             SOWELL
Nashville, Tennessee 37201           150 Second Avenue North 
                                     Suite 201
                                     Nashville, Tennessee 37201                          

Judge: RUSSELL

First Paragraph:

Jerry J. Roberts filed suit on December 7, 1993, seeking compensation
benefits for herniated thoracic spine discs at T 8-9 and T 6-7 which
he contends were injured on October 30, 1990.  On that date he had
fallen from a vehicle hauler a distance of 10 to 12 feet, and was in
pain from his neck to his buttocks.  He was treated by Dr. Larry
Laughlin, an orthopaedic surgeon.  Dr. Laughlin returned the plaintiff
to work on February 4, 1991.  All compensation benefits due as a
result of the known injuries from that fall were timely paid. 
AFFIRMED.

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

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
June 29, 1998

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_Rules/statelst34_2pd.WP6
Opinion-Flash

LARRY W. BARNES
vs.
THE GOODYEAR TIRE AND RUBBER COMPANY

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendants/Appellees:
Dan M. Norwood                      James M. Glasgow, Jr.
James R. Becker, Jr.                Union City, Tennessee
Memphis, Tennessee  
                                    Tim K. Garrett
                                    Michael S. Moschel
                                    Nashville, Tennessee                          

Judge: LILLARD

First Paragraph:

This is a suit for wrongful termination under the Tennessee Handicap
Act.  After denying the employer's motion for a directed verdict, the
trial court sent the case to the jury to determine whether the
employer regarded the plaintiff as handicapped.  The jury found that
the employer regarded the plaintiff as handicapped and awarded
$150,000 in back pay and $150,000 for humiliation and embarrassment. 
Invoking remittitur, the trial court reduced the damages to $100,000
for back pay and $75,000 for emotional damages and ordered the
defendant to pay plaintiff approximately $30,000 for attorney's fees
and court costs.  Both parties have appealed. We REVERSE and direct a
verdict for the employer.

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

BRADSON MERCANTILE, INC.
vs.
JOSEPH H. CRABTREE, JR., Individually; SHUTTLEWORTH, SMITH, McNABB &
WILLIAMS, A Partnership; KENNETH R. SHUTTLEWORTH, Individually; GARY
K. SMITH, Individually; LELAND McNABB, Individually; BRUCE E.
WILLIAMS, Individually; ROBERT L. SABBATINI, P.C.; and ROBERT H.
HARPER, Individually, as Partners of the Partnership

Court:TCA

Attorneys:  

Wyatt, Tarrant, & Combs; Glen G. Reid, Jr. and Ross Higman of Memphis
     For Plaintiff-Appellant
Glassman, Jeter, Edwards and Wade, P.C. William M. Jeter of Memphis
     For Defendants-Appellees

Judge: CRAWFORD

First Paragraph:

This is a legal malpractice case.  Plaintiff/Appellant Bradson
Mercantile, Inc., (Bradson) appeals the trial court's order granting
summary judgment on the ground that the action is barred by the
statute of limitations. REVERSED AND REMANDED.

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

HENRY COLLIER
vs.
METHODIST HAYWOOD PARK HOSPITAL, INC., A Corporation; ROBERT LINDSAY,
M.D.; METRO EMERGENCY GROUP, P.C.; and JOHN DOE, M.D.

Court:TCA

Attorneys: 

For the Plaintiff/Appellee:         For the Defendants/Appellants:
Ricco Gatti, Jr.                    Gary K. Smith    
Charles H. Richardson III           William D. Domico 
Dixie White Ishee                   Bryant C. Witt
Memphis, Tennessee                  Memphis, Tennessee                         

Judge: LILLARD

First Paragraph:

This case involves an interlocutory appeal from an order by the trial
court denying the Defendant's motion for Judgment on the Pleadings/
Motion for Summary Judgment.  We REVERSE.

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

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