Court"TSC Attorneys: FOR APPELLANT: FOR APPELLEE: TIMOTHY A. RYAN III GEORGE P. BAILEY MEMPHIS MEMPHIS Judge: HOLDER First Paragraph: This case arose out of a petition for order of contempt filed in this Court by the Board of Professional Responsibility against John Mark Hancock. The petition alleged that Hancock violated an order of suspension previously entered by this Court by failing to comply with Tenn. Sup. Ct. R. 9, S 18, which requires a suspended attorney to notify clients of an order of suspension, move for withdrawal from pending cases, provide notice to adverse attorneys when clients have not obtained substitute counsel, and refrain from taking new cases. URL:http://www.tba.org/tba_files/TSC/blanchaf_opn.WP6 WILLIAM J. CHASE, JR., AS ADMINISTRATOR C.T.A. OF THE ESTATE OF BETTY LOU STIDHAM, DECEASED vs. THE CITY OF MEMPHIS Court"TSC Attorneys: FOR DEFENDANT/APPELLANT/ FOR PLAINTIFF/APPELLEE/CROSS- CROSS-APPELLEE: APPELLANT: Robert M. Fargarson John J. Heflin III Martin W. Zummach Memphis Memphis OF COUNSEL: FOR INTERVENOR, STATE OF Monice Moore Hagler TENNESSEE: Memphis John Knox Walkup Attorney General and Reporter Meredith DeVault Senior Counsel, Civil Rights and Claims Division Judge: HOLDER First Paragraph: This case involves a tort action against the defendant, City of Memphis, arising out of a woman's death when she was mauled by two pit bull dogs. The Court of Appeals held that the City was immune under the Governmental Tort Liability Act ("GTLA") but removed the immunity pursuant to the common law special duty exception to the public duty doctrine. The issues with which we are now confronted are whether: (1) the City animal shelter's failure to follow-up on an order requiring the owner of the dangerous dogs to enroll his dogs in obedience school was immune under the GTLA as a discretionary act or omission; and (2) whether the public duty doctrine's special duty exception can be employed to remove immunity conferred under the GTLA. We hold that the City's actions or inactions in this case were not immune under the GTLA and that the special duty exception to the public duty doctrine cannot be employed to remove immunity conferred under the GTLA. The decision of the Court of Appeals is reversed. URL:http://www.tba.org/tba_files/TSC/chasewj_opn.WP6 IN RE: JOHN MARK HANCOCK Court"TSC Attorneys: For John Mark Hancock: For Board of Professional Ralph E. Harwell Responsibility: RALPH E. HARWELL, P.C. William W. Hunt, III Knoxville, Tennessee Disciplinary Counsel Nashville, Tennessee Judge: ANDERSON First Paragraph: This case arose out of a petition for order of contempt filed in this Court by the Board of Professional Responsibility against John Mark Hancock. The petition alleged that Hancock violated an order of suspension previously entered by this Court by failing to comply with Tenn. Sup. Ct. R. 9, S 18, which requires a suspended attorney to notify clients of an order of suspension, move for withdrawal from pending cases, provide notice to adverse attorneys when clients have not obtained substitute counsel, and refrain from taking new cases. URL:http://www.tba.org/tba_files/TSC/hancockj_opn.WP6 BRODERICK KELSEY vs. KRAFT FOOD SERVICES, INC. and TRAVELERS INDEMNITY COMPANY OF ILLINOIS Court"TSC - Workers Comp Panel Attorneys: For Appellants: For Appellee: Robert J. Uhorchuk John D. McMahan Thomas E. LeQuire G. Brent Burks Spicer, Flynn & Rudstrom McMahan & Associates Chattanooga, Tennessee Chattanooga, Tennessee Judge: Loser First Paragraph: The appellants contend the trial court's award of benefits based on six times the medical impairment rating is excessive. The appellee contends the award is inadequate because the chancellor erred in "finding three of the four factors listed under Tenn. Code Ann. section 50-6-242 were not proven by clear and convincing evidence" and that the award of benefits based on forty-two percent to the body as a whole is inadequate. The appellee also contends the chancellor erred in failing to award its vocational expert's fee as discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/kelsvkra_doc.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL July 20, 1998 Court"TSC - Rules URL:http://www.tba.org/tba_files/TSC_Rules/statelist35_doc.WP6 PATRICIA P. ASHE vs. RADIATION ONCOLOGY ASSOCIATES and STEVEN L. STROUP, M.D. Court"TCA Attorneys: DAVID RANDOLPH SMITH ROBERT BLAKE MENZEL David Randolph Smith & Associates Nashville, Tennessee 37203 ATTORNEYS FOR PLAINTIFF/APPELLANT THOMAS A. WISEMAN, III NationsBank Plaza, Suite 1900 414 Union Street Nashville, Tennessee 37219-1782 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: CAIN First Paragraph: This case was tried before a jury in the Circuit Court in Davidson County on two issues to-wit: (1) informed consent and (2) professional negligence. On the issue of informed consent the trial court directed a verdict for the defendant at the conclusion of the plaintiff's proof. On the issue of professional negligence a mistrial was declared when the jury was unable to agree on a verdict. The case is now before this court on the sole issue of informed consent. URL:http://www.tba.org/tba_files/TCA/ashep_opn.WP6 EARNESTINE COLE vs. STATE OF TENNESSEE Court"TCA Attorneys: William B. Raiford, III; Merkel & Cocke, P.A. of Clarksdale, Mississippi For Appellant Beauchamp E. Brogan, General Counsel JoAnn C. Cutting, Assistant General Counsel For Appellee Judge: CRAWFORD First Paragraph: This is a medical malpractice case tried by the Tennessee Claims Commission. Claimant/Appellant Earnestine Cole (Cole) appeals from the judgment of the Claims Commission for Defendant/Appellee State of Tennessee. Cole filed this complaint alleging that she had a tubal ligation and sterilization performed while a patient at the Regional Medical Center in Memphis, Tennessee. She avers that she was under the care and treatment of Dr. Lynn Ware, a medical resident employee of the State of Tennessee at the University of Tennessee School of Medicine, who was under the supervision of Dr. Bertram Buxton, a professor at the university. Cole essentially alleges that the defendant, State of Tennessee, through its employees, breached the recognized standard of acceptable professional practice in its medical treatment, thus resulting in her becoming pregnant after the operation was performed. URL:http://www.tba.org/tba_files/TCA/coleerne_opn.WP6 RONALD COLLIER vs. TENNESSEE DEPARTMENT OF CORRECTION, ET AL. Court"TCA Attorneys: Ronald Collier, #74897 TCIP, U5B103 Route 1 Only, Tennessee 37140-9709 PRO-SE FOR PLAINTIFF/APPELLANT JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General SOHNIA W. HONG, BPR #17415 Civil Rights and Claims Division 2nd Floor, Cordell Hull Building 425 5th Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The captioned prisoner confined in the punitive custody of the Tennessee Department of Correction filed in the Trial Court a "Petition for Declaratory Judgment," naming as defendants the Department, its Commissioner and W. G. Lachie, Legal Assistant. The latter individual is identified by the petition as a legal assistant to "the defendant." URL:http://www.tba.org/tba_files/TCA/collierr_opn.WP6 ROBERT L. DeLANEY vs. BROOK K. THOMPSON, et al. Court"TCA Attorneys: For Plaintiff/Appellee: For Defendants/Appellants: Robert L. DeLaney John Knox Walkup Nashville, Tennessee Attorney General and Reporter Michael E. Moore Solicitor General Michael W. Catalano Associate Solicitor General For Amicus Curiae American Judicature Society: Harris A. Gilbert Patricia J. Cottrell Barry Friedman Wyatt, Tarrant & Combs Nashville, Tennessee Judge: RUSSELL First Paragraph: This is an expedited appeal before a special panel of the Middle Section of the Tennessee Court of Appeals sitting in Nashville. The subject matter is the constitutional validity of the Tennessee Plan for the selection and retention of state judges as established by the General Assembly and documented in T.C.A. Secs. 17-4-101, et seq. URL:http://www.tba.org/tba_files/TCA/delaneyr_opn.WP6 JAMES DAVID GATLIN vs. DEANNA E. GATLIN Court"TCA Attorneys: For the Plaintiff/Appellant: For the Defendant /Appellee: David M. Livingston Deanna E. Gatlin, Pro Se Brownsville, Tennessee Trenton, Tennessee For the Minor Child, William James Nathan Melton: Jerald M. Campbell, Jr. Trenton, Tennessee Judge: LILLARD First Paragraph: This is a paternity case. The mother and father married after the child was born, and later divorced. In the divorce decree, the father was ordered to pay child support. The father later sought to set aside the order of child support and requested parentage testing. The trial court denied the father's petition, and he appealed. We affirm. URL:http://www.tba.org/tba_files/TCA/gatlinjd_opn.WP6 STATE OF TENNESSEE vs. BRYAN E. BASTEL Court"TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Edward Witt Chandler John Knox Walkup Attorney at Law Attorney General & Reporter 2502 Mt. Moriah Rd., # A100 Memphis, TN 38115 Marvin E. Clements, Jr. Assistant Attorney General Criminal Justice Division Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243 William L. Gibbons District Attorney General Lee Coffee Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103 Judge: SUMMERS First Paragraph: Originally charged with aggravated assault, the appellant, Bryan Bastel, pled guilty to assault in the Shelby County Criminal Court. The court denied the appellant's petition for a suspended sentence and sentenced him to serve thirty days in the Shelby County Correctional Center. He appeals. The sole issue for our review is whether the trial court erred in denying an alternative sentence. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/bastelbr_opn.WP6 STATE OF TENNESSEE vs. MICHAEL BENSON Court"TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Guy T. Wilkinson John Knox Walkup Public Defender Attorney General & Reporter Richard DeBerry Douglas D. Himes Assistant Public Defender Assistant Attorney General 605 Court Street, Suite 3 425 Fifth Avenue North Savannah, TN 38372 Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General John Overton Assistant District Attorney General P.O. Box 484 Savannah, TN 38372 Judge: SUMMERS First Paragraph: The appellant, Michael Benson, appeals his sentence of six years for the killing of his brother-in-law, Donnie Ray Qualls. On June 4, 1997, the appellant pled guilty to voluntary manslaughter pursuant to a negotiated plea agreement and received a six-year sentence as a Range I, standard offender. A sentencing hearing was held on August 4, 1997, and the trial court denied the appellant's request for an alternative sentence. He was ordered to serve his sentence in confinement. The appellant's sole issue on appeal is whether the trial court erred by denying him probation. We affirm the appellant's sentence. URL:http://www.tba.org/tba_files/TCCA/bensonmi_opn.WP6 STATE OF TENNESSEE vs. MELVIN BOYD, JR. Court"TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: G. STEPHEN DAVIS JOHN KNOX WALKUP District Public Defender Attorney General & Reporter P. O. Box 742 Dyersburg, TN 38025-0742 GEORGIA BLYTHE FELNER Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243 0493 C. PHILLIP BIVENS District Attorney General P. O. Drawer E Dyersburg, TN 38024 Judge: PEAY First Paragraph: ollowing a jury trial, the defendant was found guilty of driving after having been declared a motor vehicle habitual offender pursuant to T.C.A. S 55-10 616. The trial court sentenced him to two years in the Tennessee Department of Correction. He now appeals as of right, challenging the sufficiency of the evidence to support his conviction and arguing that the trial court erred in failing to consider and order an alternative sentence. Finding no merit in the defendant's arguments, we affirm his conviction and sentence. URL:http://www.tba.org/tba_files/TCCA/boydmjr_opn.WP6
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