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.
- 00-New Opinion(s) from the Tennessee Supreme Court
- 02-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 08-New Opinion(s) from the Tennessee Court of Appeals
- 00-New Opinion(s) from the Tennessee Court of Criminal Appeals
- 00-New Judicial Ethics Opinion(s)
- 00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
RITA TRULL VS. KENTUCKY LAKE OIL CO. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Thomas K. McAlexander Lee M. Greer, III Hill Boren Greer & Greer 1269 North Highland Avenue 114 South Poplar Street P.O. Box 3539 P.O. Box 385 Jackson, TN 38303-0539 Paris, TN 38242 Judge:HOLDER First Paragraph: This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The parties have raised two issues for the Panel's consideration: I. Whether the trial court properly granted the defendant's motion for summary judgment finding the plaintiff to be an independent contractor? II. Whether the trial court properly denied the defendant's motion for summary judgment on the issue of notice? The plaintiff asserts that the trial court erred when it granted the defendant's motion for summary judgment and found the plaintiff to be an independent contractor. The defendant asserts that the trial court erred when it failed to rule that the plaintiff's claim for worker's compensation benefits was barred due to the plaintiff's failure to timely notify the defendant of the claimed injury. For the following reasons, we find that genuine issues of material fact exist as to both issues making summary judgment inappropriate. URL:http://www.tba.org/tba_files/TSC_WCP/trullrit_opn.WP6 ELIZABETH A. WILSON VS. WORTHCO, INC. (d/b/a McDonald's Store #5092) and LUMBERMENS MUTUAL CASUALTY COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: Steven W. Maroney Jimmy C. Smith Waldrop & Hall, P.A. Conley Campbell Moss Smith 106 S. Liberty 317 South Third Street Jackson, TN 38301 P.O. Box 427 Union City, TN 38261 Judge:BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial judge found the plaintiff had suffered a compensable injury and entered a judgment in her favor of 50 percent vocational impairment to the body as a whole. The defendant raises the following issues: I. Whether the trial court erred in rejecting Defendant's Motion to Dismiss on grounds that the statute of limitations had expired prior to the filing of Plaintiff's claim. II. Whether the trial court erred in finding that Plaintiff's alleged injury was compensable and not a non-compensable aggravation of a pre-existing condition. III. Whether the trial court erred in finding that the Plaintiff sustained a fifty percent (50%) permanent partial disability to the body as a whole. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/wilsonel_opn.WP6 RUSTY JOLENE BEAL VS. JOHN DOE and Tennessee Farmers Mutual Insurance Company Court:TCA Attorneys: GEORGE M. ALLEN Wischhof & Allen 110 Glancy Street, Suite 207 Goodlettsville, Tennessee 37072 ATTORNEY FOR PLAINTIFF/APPELLEE THOMAS H. PEEBLES G. BRIAN JACKSON Trabue, Sturdivant & DeWitt 511 Union Street 25th Floor, Nashville City Center Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLANTS Judge:CAIN First Paragraph: This is an appeal by Tennessee Farmers Mutual Insurance Company and an unknown motorist alleged to be uninsured pursuant to the provisions of Tennessee Code Annotated section 56-7-1201(e). Rusty Jolene Beal filed suit against James M. Sloan as driver, and William Sloan as owner of a vehicle which struck plaintiff vehicle in the rear on White Bridge Road, Nashville, Tennessee January 2, 1994. The allegations asserted proximate negligence, family purpose doctrine and injuries to the plaintiff. URL:http://www.tba.org/tba_files/TCA/bealr_opn.WP6 BETTILYNN GAY FORD VS. BRION LEONARD FABIAN FORD Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Kathryn G. Brinton G. Kline Preston, IV Nashville, Tennessee Nashville, Tennessee Judge:KOCH First Paragraph: This appeal involves a dispute over the calculation of child support. Seven years after the divorce, the custodial parent petitioned the Circuit Court for Davidson County for increased child support for the parties' teenage son in light of funds the noncustodial parent was receiving from his mother's estate. The trial court heard the evidence without a jury and increased the noncustodial parent's child support obligation from $50 per week to $750 per month. On this appeal, the noncustodial parent asserts that the trial court erred by increasing his child support and by requiring him to pay the custodial parent's legal expenses. We affirm the trial court's decision to increase the noncustodial parent's child support and to require him to pay a portion of the custodial parent's legal expenses. However, we modify the amount of the noncustodial parent's monthly child support obligation and remand the case to the trial court to recalculate the amount of child support arrearage in a manner consistent with this opinion. URL:http://www.tba.org/tba_files/TCA/fordblg_opn.WP6 CHARLES HOLIFIELD VS. TDOC COMMISSIONER DONAL CAMPBELL, CORRECTIONS CORP. OF AMERICA Court:TCA Attorneys: Charles Holifield, #154529 S.C.C.F. Annex Section C-130 P.O. Box 279, Carroll Road Clifton, Tennessee 38425 PRO SE/PLAINTIFF/APPELLANT Patricia Kussmann, #15506 Assistant Attorney General 425 Fifth Avenue North Cordell Hull Building, Second Floor Nashville, Tennessee 37243-0488 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: One of the plaintiffs, Charles Holifield, a prisoner in the custody of the Tennessee Department of Correction, has appealed from the dismissal of his suit against the Commissioner of Correction and Corrections Corporation of America for failure to state a claim for which relief can be granted. The other plaintiff joined in the complaint but has not appealed. URL:http://www.tba.org/tba_files/TCA/holifiec_opn.WP6 FREDERIC B. INGRAM VS. WILLIAM F. EARTHMAN Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: James V. Doramus Maclin P. Davis, Jr. Gregory Mitchell H. Buckley Cole Doramus & Trauger Jonathan Cole Nashville, Tennessee Baker Donelson Bearman & Caldwell Nashville, Tennessee Judge:KOCH First Paragraph: This appeal involves a dispute between two former friends and business associates over a sizeable personal debt. After one of the friends failed to repay a $1,700,000 loan, the friend who had loaned the money filed suit in the Chancery Court for Davidson County seeking to recover the loan and interest. The borrower asserted that the lender had delayed too long in filing suit and counterclaimed for allegedly unpaid compensation and retirement benefits. A jury awarded the lender $5,667,122.84 on the debt, and the trial court, with the parties' consent, awarded the lender an additional $400,000 for his legal expenses. On this appeal, the borrower raises numerous issues relating to the denial of his motions for directed verdict, the adequacy of the jury instructions, the instructions limiting the use of the evidence of the lender's prior criminal conviction, and the excessiveness of the verdict. We have determined that the judgment should be affirmed. URL:http://www.tba.org/tba_files/TCA/ingramfb_opn.WP6 ANNA BELLE LYNN VS. RICHIE BLUE Court:TCA Attorneys: DAVID D. WOLFE 505 West College Dickson, Tennessee 37055 ATTORNEY FOR PLAINTIFF/APPELLANT JOHN LEE WILLIAMS 102 South Court Square Waverly, Tennessee 37185 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:CAIN First Paragraph: This is an appeal from the action of the Chancery Court of Humphreys County, Tennessee upholding a denial by the county beer board of a beer permit to the applicant. Tennessee Code Annotated section 57-5-105(e)(Supp. 1998) provides that judicial review of a beer board's denial of an application for a permit to sell beer shall be "in the manner as authorized under 57-5-108." Tennessee Code Annotated section 57-5-108(d) provides for "review by statutory writ of certiorari, with a de novo trial as a substitute for an appeal." URL:http://www.tba.org/tba_files/TCA/lynna_opn.WP6 MIKE MIERZEJEWSKI and FURNITURE PARTNERS, INC. VS. BS ENTERPRISES, INC., and BELINDA SHATZER d/b/a T. J. BAKER'S FURNITURE Court:TCA Attorneys: For Appellants For Appellees FRED T. HANZELIK ELIZABETH G. ALT BRENT JAMES WILLIAM T. ALT Hanzelik & James William T. Alt, P.C. Chattanooga, Tennessee Chattanooga, Tennessee Judge:SUSANO First Paragraph: This suit in chancery was filed by Furniture Partners, Inc., against T. J. Baker's Furniture. It arises out of a failed business relationship. The complaint asked the trial court to issue a "writ of replevy" for items of furniture and a temporary restraining order (TRO). After granting the TRO, the Chancellor referred the issues made by the pleadings to a master. Following the trial court's receipt of the master's report, the plaintiff filed an answer to the defendant's counterclaim, in which answer the plaintiff requested a trial by jury. The court denied the plaintiff's request for a jury trial; confirmed the master's report; and entered a judgment for $39,916.36 on the defendant's counterclaim. The plaintiff appealed, contending, in its sole issue, that it is entitled to a jury trial pursuant to the authority of Article I, Section 6, of the Tennessee Constitution and T.C.A. S 21-1-103. URL:http://www.tba.org/tba_files/TCA/mrzjskim_opn.WP6 THE SHERWIN-WILLIAMS COMPANY VS. RUTH E. JOHNSON, Commissioner of Revenue, State of Tennessee Court:TCA Attorneys: MICHAEL D. SONTAG BRYAN W. METCALF Bass, Berry & Sims 2700 First American Center Nashville, Tennessee 37238-2700 MICHAEL T. CUMMINS JOSEPH F. TIMMONS The Sherwin Williams Co. 101 Prospect Avenue, N.W. Cleveland, Ohio 44115 ATTORNEYS FOR PLAINTIFF/APPELLANT JOHN KNOX WALKUP Attorney General and Reporter JOE C. PEEL Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, Tennessee 37243-0489 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:CAIN First Paragraph: Plaintiff Sherwin-Williams Company filed suit pursuant to Tennessee Code Annotated section 67-1-1802 seeking a refund of corporate excise taxes with respect to tax years 1987, 1988, 1989 and 1990. The appeal presents three questions, to-wit: 1. Is return of capital from cash investments includable in the denominator under T.C.A. 67-4-811(g)(1)? 2. If the answer to question 1 is affirmative, did the commissioner properly exercise his discretion under T.C.A. 67-4-812(a) in varying the statutory formula? 3. Is Sherwin-Williams' refund claim for the year 1987 barred by the statute of limitations? URL:http://www.tba.org/tba_files/TCA/sherwinw_opn.WP6 JANET ANN YOUNG VS. JAMES ROBERT YOUNG Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee: W. David Kelley Robert L. Huskey Haynes Hull Rieder & Ewell Manchester, Tennessee Tullahoma, Tennessee Randall W. Morrison Tullahoma, Tennessee Judge:KOCH First Paragraph: This appeal involves the custody of a six-year-old girl. Both parents sought a divorce and custody of the child. Following a bench trial, the Chancery Court for Coffee County granted the father the divorce and gave custody of the child to the mother solely because the father's employment as a long-haul truck driver prevented him from being the custodial parent. The father quickly obtained local employment and filed a timely post-trial motion requesting custody. The trial court granted the motion and awarded custody of the child to the father. The mother asserts on this appeal that the trial court had no basis for changing custody and that she was comparatively more fit to be the child's custodian. We have determined that the trial court's custody determination was proper. URL:http://www.tba.org/tba_files/TCA/youngja_opn.WP6
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