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TBALink Opinion-Flash
August 25 , 1998 -- Volume #4 -- Number #126
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.
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Lucian T. Pera
Editor-in-Chief, TBALink
PROMISE DOE, JANE ROE, KIMBERLY C. and RUSS C., and SMALL WORLD MINISTRIES, INC. VS. DONALD SUNDQUIST, Governor of the State of Tennessee, in his official capacity, and GEORGE HATTAWAY, in his official capacity as the Commissioner of the Department of Children's Services for the State of Tennessee Court:TCA Attorneys: LARRY L. CRAIN KEVIN H. THERIOT 101 Westpark Drive, Suite 250 Brentwood, Tennessee 37027 ATTORNEYS FOR PLAINTIFFS/APPELLANTS JOHN KNOX WALKUP Attorney General & Reporter DIANNE STAMEY DYCUS 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, Tennessee 37243-0499 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:BUSSART First Paragraph: On July 1, 1996, a new adoption law became effective in Tennessee. The issue before this court today is whether this Act, specifically the provisions which relate to the release of identifying information to adopted children over the age of twenty-one years concerning their surrendering birth parents, can stand under the Tennessee Constitution. The law operates prospectively as well as retro-spectively by releasing information thought to be qualifiedly confidential pursuant to the law in existence from 1951 to 1996. The plaintiffs are birth parents who have surrendered children under this former Tennessee statutory scheme, adoptive parents who have adopted children under the prior law, and a non-profit organization licensed by Tennessee as a child-placing agency which has facilitated adoptions under the prior law. These Plaintiffs contend that the Act's retrospective effect of disclosing confidential information so as to impair prior vested rights is a clear violation of Article I, S 20 of the Tennessee Constitution. In addition, Plaintiffs claim that the Act results in the deprivation of the privacy rights and interests of Plaintiffs as guaranteed by the Tennessee Constitution. URL:http://www.tba.org/tba_files/TCA/doep_opn.WP6
JOHN ANDERSON KINARD
VS.
LINDA KINARD
Court:TCA
Judge:TODD
First Paragraph:
Both parties have filed petitions for rehearing in accordance with
Tenn. R. App. P. 39. John Anderson Kinard requests that this case be
remanded to enable the trial court to reconsider the value of certain
marital assets and to make adjustments to the division of the marital
estate and the award for spousal support. Linda Kinard requests that
this court reinstate Mr. Kinard's pendente lite obligation to maintain
a $150,000 life insurance policy to ensure that his spousal support
obligation would be met in the event of his death.
URL:http://www.tba.org/tba_files/TCA/kinard_reh.WP6
WAVELYN E. NORRIS
VS.
DORA PRUITTE
Court:TCA
Attorneys:
For Appellant For Appellee
HERBERT E. PATRICK DAN L. NOLAN
Clarksville, Tennessee DAVID J. SILVUS
Batson, Nolan, Brice,
GREGORY D. SMITH Harvey & Williamson, PLLC
Clarksville, Tennessee Clarksville, Tennessee
HAROLD M. JOHNS
Elkton, Kentucky
Judge:Susano
First Paragraph:
The plaintiff, Wavelyn E. Norris, sued her employer, Dora Pruitte,
seeking damages for personal injuries sustained during the course of
her employment. The plaintiff brought suit on a theory of common law
negligence since her employment is not covered by the Workers'
Compensation Law. The trial court granted Ms. Pruitte's motion for
summary judgment, and the plaintiff appealed. She argues that genuine
issues of material fact exist that make summary judgment
inappropriate.
URL:http://www.tba.org/tba_files/TCA/norriswe_opn.WP6
VIOLET VOSS
VS.
LOWE'S HOME CENTERS, INC.
Court:TCA
Attorneys:
RICHARD T. MATTHEWS
Matthews, Tisher & Free
33 Public Square
P. O. Box 1952
Columbia, Tennessee 38402-1952
ATTORNEY FOR PLAINTIFF/APPELLEE
FRANK THOMAS
WILLIAM L. ABERNATHY, JR.
Leitner, Williams, Dooley
and Napolitan
2300 First American Center
Nashville, Tennessee 37238-2300
ATTORNEYS FOR DEFENDANT/APPELLANT
Judge:BUSSART
First Paragraph:
This is a premises liability suit in which the plaintiff recovered in
the trial court for injuries sustained after falling on the grounds of
one of the defendant's stores. The jury awarded the plaintiff damages
for medical expenses as well as for pain and suffering. The defendant
has appealed challenging, among other things, the sufficiency of the
evidence regarding negligence and the actions of the trial judge in
his function as thirteenth juror. After a careful review of the
record, we affirm the decision below.
URL:http://www.tba.org/tba_files/TCA/vossv_opn.WP6
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