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.

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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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