TBALink Opinion-Flash

July 27, 1998 -- Volume #4 -- Number #108

What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
12-New Opinons From TCA
00-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • 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


CHARLES F. GAULDEN, and Wife
RUTH S. GAULDEN
vs.
ROBERT L. SCRUGGS, and Wife,                    
JOYCE W. SCRUGGS

Court:TCA

ORDER ON PETITION TO REHEAR

The appellants have filed an earnest and forceful petition to rehear. 
We have considered the petition and find it to be without merit.  It
is therefore ordered that the petition be overruled.

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

JEANIE DIANNE (WHITE)   
HANNAH
vs.
GARY R. HANNAH; CARL ED 
HANNAH and wife, DIANE
CARROLL HANNAH

Court:TCA

Attorneys:  

MICHAEL W. EDWARDS
177 East Main Street
Hendersonville, Tennessee  37075
    ATTORNEY FOR PLAINTIFF/APPELLEE

ROBERT G. INGRUM
Phillips & Ingrum
117 East Main Street
Gallatin, Tennessee  37066
    ATTORNEY FOR DEFENDANTS/APPELLANTS                        

Judge: CAIN

First Paragraph:

Defendant/husband and his father and stepmother appeal a divorce
decree on issues of property rights, personal property values and
amount of child support.

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

LESLIE A. HASSELL
vs.
THOMAS W. HASSELL

Court:TCA

Attorneys:   

Scott Kirk, HARDEE, MARTIN & JAYNES, P.A., Jackson, Tennessee
Attorney for Defendant/Appellant.

Joe H. Byrd, Jr., Jackson, Tennessee
Attorney for Plaintiff/Appellee.                       

Judge: FARMER

First Paragraph:

Following the trial of this matter, the court ordered the parties,
Leslie A. Hassell (Wife) and Thomas W. Hassell (Husband), to be
entitled to a divorce pursuant to T.C.A. S 36-4 129(b).  Husband was
ordered to pay Wife $500 per month as alimony in futuro and that award
is the sole issue presented by Husband to this court on appeal.

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

NOBLE NEAL KNIGHT, a non compos
mentis next friend and guardian,
FRED KNIGHT
vs.
JAMES LANCASTER, Defendant
and MADGE BOGGILD

Court:TCA

Attorneys:  

Charles R. Ables of South Pittsburg
    For Juanita Knight, Successor to Fred Knight

Timothy R. Simonds; 
McKoon, Billings & Gold, P.C. of Chattanooga
    For Appellant, Madge Boggild

Jerry B. Bible of Jasper
    For Guardian Ad Litem                        

Judge: CRAWFORD

First Paragraph:

This case involves a family dispute over the ownership of several bank
and trust accounts.  Plaintiff/Appellee Noble Neal Knight (Brother)
and Defendant/Appellant Madge Boggild (Sister) are the brother and
sister of Burma Lewis (Decedent), now deceased.  After completing the
third grade in his teens, Brother held various jobs throughout his
life; most notably he was involved in a farming partnership with his
brother, Sam Knight.  When Sam Knight died in 1972, the assets of the
farming partnership were divided equally between Brother and Sam
Knight's estate.  Following Sam Knight's death, Brother, who was in
his early sixties, decided to move in with Decedent at her residence
in Marion County.  When the Knight family farm was sold the following
year, all of the Knight siblings, including the parties, each received
$10,335.56 as their share of the proceeds.

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

MARY E. LESSLEY
vs.
CHARLES SHOPE, JR.

Court:TCA

Attorneys:  

JOHN KNOX WALKUP
Attorney General & Reporter

SUE A. SHELDON
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 5th Avenue, North
Nashville, Tennessee  37243
    ATTORNEYS FOR PETITIONER/APPELLEE

COLLIER W. GOODLETT
Assistant Public Defender
19th Judicial District
109 S. Second Street
Clarksville, Tennessee  37040 
    ATTORNEY FOR RESPONDENT/APPELLANT                        

Judge: CAIN

First Paragraph:

This case involves an appeal from an order of the Circuit Court of
Robertson County, Tennessee, imposing a fifty dollar ($50.00) fine
upon the appellant together with a ten (10) day jail sentence for
contempt of court in failing to pay child support.

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

JAMES E. McGAUGH, JR.
vs.
CHARLES F. and JOYCE L. 
GALBREATH
vs.
THOMAS LAWLESS and FIRST
AMERICAN NATIONAL BANK

Court:TCA

Attorneys:  

THOMAS E. STEWART
Stewart & Black
333 Gallatin Road, South
Madison, Tennessee  37115
    ATTORNEY FOR APPELLEE JAMES E. McGAUGH, JR.

ERIC V. HELMERS
721 First American Center
Nashville, Tennessee  37237
    ATTORNEY FOR APPELLEE FIRST AMERICAN NATIONAL BANK

THOMAS W. LAWLESS, Pro Se
Lawless & Associates
315 Deaderick Street
Nashville, Tennessee  37238

CHARLES GALBREATH
211 Union Street, Suite 901
Nashville, Tennessee  37201
    ATTORNEY FOR APPELLANTS CHARLES and JOYCE GALBREATH                        

Judge: BUSSART

First Paragraph:

This suit involves the transfer of a piece of real estate located in
Madison, Tennessee on which is situated a commercial doughnut bakery.
The title of the Property is vested in Defendant Charles Galbreath and
was conveyed to Mr. Galbreath by deed from DH Restaurants, Inc.  Mr.
Galbreath leased the property to Diversified Hospitality Group
("Diversified"), and shortly thereafter, Diversified subleased the
property to Shipley Do-Nuts of which  Plaintiff James McGaugh is the
principal owner.

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

PENNY POSTELLE
vs.
DR. GENE SNEAD, Individually and
d/b/a EMERGENCY CHIROPRACTIC CLINIC

Court:TCA

Attorneys: 

John M. Cannon, CANNON, CANNON & COOPER, P.C., Goodlettsville,
Tennessee Attorney for Defendant/Appellant.

Stephen Crofford, PARKER, ALLEN & CROFFORD, Nashville, Tennessee
Attorney for Plaintiff/Appellee.
                         
Judge: FARMER

First Paragraph:

This case addresses the issue of whether the dismissal of an action
for failure to prosecute in general sessions court operates as an
adjudication on the merits, thus barring a subsequent suit on the same
cause of action under the doctrine of res judicata, absent local rule.
 The appellant, Dr. Gene Snead, individually, and d/b/a Emergency
Chiropractic Clinic (hereinafter "Snead"), has appealed from the
summary judgment entered by the trial court in favor of the appellee,
Penny Postelle ("Postelle"), which holds that such dismissal is not an
adjudication on the merits and that the res judicata doctrine is not
an available defense to Snead in the present action.  After review of
the record, we affirm the judgment of the trial court for the reasons
hereinafter stated.

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

SOUTHERN TIN COMPRESS CORP.,
A Tennessee Corporation,
vs.
MARK HILLER An Individual
Resident of Tennessee;
R. L. GOODNER An Individual
Resident of Tennessee;
QUALITY MARINE SERIVCE, INC.
A Tennessee Corporation;
HORIZON PRODUCTS UNLIMITED
CO., INC., A Tennessee Corporation

Court:TCA

Attorneys: 

John R. Branson, Anthony Sammons
Branson & Bearman of Memphis
    For Plaintiff-Appellee

Charles A. Sevier
Sevier & Phillips of Memphis
    For Defendants-Appellants                         

Judge: CRAWFORD

First Paragraph:

This appeal involves a suit for fraud.  Defendants, Mark Hiller, R. L.
Goodner, Quality Marine Service, Inc., and Horizon Products Unlimited,
Co. Inc., appeal the trial court's judgment awarding plaintiff,
Southern Tin Compress Corp., compensatory and punitive damages. 
Southern Tin contends that it was defrauded by the defendants out of
more than $500,000.00 over a 28-month period.  Southern Tin is a
commercial dealer in scrap metal, and appellant Mark Hiller was a
Southern Tin employee until 1992, when his role in the fraud with
appellant R.L. Goodner was discovered.

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

SUSAN K. TODD
and 
STATE OF TENNESSEE
vs.
WEAKLEY COUNTY d/b/a WEAKLEY
COUNTY NURSING HOME
and
NINA SNYDER, Individually,  
DAVID BRADLEY, Individually,    
SHIRLEY INSCO, Individually, and
SHARON JENNINGS, Individually

Court:TCA

Attorneys:   

JOHN KNOX WALKUP
Attorney General & Reporter
MICHAEL E. MOORE
Solicitor General
MARY BYRD FERRARA
Assistant Attorney General
Nashville, Tennessee
Attorneys for Appellant State of Tennessee

THOMAS H. RAINEY
ANGELA C. YOUNGBERG
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C.
Attorneys for Defendants/Appellees                       

Judge: HIGHERS

First Paragraph:

The State of Tennessee, as the intervenor in this medical malpractice
action brought by Plaintiff Susan K. Todd, appeals the trial court's
order which granted the motion to dismiss filed by Defendants Nina
Snyder, David Bradley, Shirley Insco, and Sharon Jennings.  In
granting the Defendants' motion to dismiss, the trial court ruled that
certain provisions of the Tennessee Governmental Tort Liability Act
relating to health care practitioners were unconstitutional in that
they were vague, they violated equal protection principles, and they
violated the Defendants' right to a jury trial.  Contrary to the trial
court's ruling, we conclude that the challenged statutory provisions
withstand constitutional scrutiny and, thus, we reverse that portion
of the trial court's judgment eliding the provisions.

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

ROBERT E. WALL
vs.
CITY OF PARIS, TENNESSEE,   
and DIANA PIERCE d/b/a  
DIANA'S LIMITED also known 
as DIANA'S

Court:TCA

Attorneys:   

For the Plaintiff/Appellant:            For the Defendants/Appellees:
Michael A. Jaynes                       Fred N. McLean 
D. Tyler Kelly                          Paris, Tennessee
Charles L. Trotter, Jr.
Jackson, Tennessee
                       
Judge: LILLARD

First Paragraph:

The plaintiff in this case tripped and fell on a city sidewalk.  After
a bench trial, the trial court found that the sidewalk was not
dangerous or unsafe under the Tennessee Governmental Tort Liability
Act.  We affirm.

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

ARAH ANN WILKERSON
vs.
ROBERT WILKERSON

Court:TCA

Attorneys: 

Kim G. Sims of Memphis
    For Defendant-Appellant

Jerry Stokes of Memphis for Defendant
    For Plaintiff-Appellee                         

Judge: CRAWFORD

First Paragraph:

This is a divorce case involving a dispute over the distribution of
marital property.  Robert Wilkerson (Husband) appeals the judgment of
the trial court awarding him $25,000.00, representing 38.5 % of the
value of the marital home, while awarding the remainder of the marital
property to Wife as alimony in solido.

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

WORTHER WILLIAMS
vs.
ROBERT W. STEWARD

Court:TCA

Attorneys:  

Andrew Hume Owens of Memphis
    For Defendant-Appellant

Marvin S. Bernatsky of Memphis
    For Plaintiff-Appellee                        

Judge: CRAWFORD

First Paragraph:

This is an automobile personal injury case.  Defendant Robert W.
Steward   appeals the judgment of the trial court on a jury verdict
for plaintiff, Worther Williams.

URL:http://www.tba.org/tba_files/TCA/willwort_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


© Copyright 1996-1997 Tennessee Bar Association
URL:http://www.tba.org/tba_files/COURT/FILENAME Opinion-Flash