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January 4, 1999
Volume 5 -- Number 001
What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.
| 02 | New Opinion(s) from the Tennessee Supreme Court |
| 00 | New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 01 | New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 07 | 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 |
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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
WAYNE ELDRED HILL
VS.
CNA INSURANCE COMPANY
and
LARRY BRINTON, JR., DIRECTOR OF THE DIVISION OF WORKERS'
COMPENSATION, TENNESSEE DEPARTMENT OF LABOR SECOND INJURY FUND
WITH CONCURRING OPINION
Court:TSC
Attorneys:
For Appellee Hill: For Appellant:
DAVID H. DUNAWAY JOHN KNOX WALKUP
LaFollette, TN Attorney General and Reporter
For Appellee CNA Ins. Co.: DIANNE STAMEY DYCUS
Senior Counsel
LINDA J. HAMILTON MOWLES Nashville, TN
Knoxville, TN
Judge:BIRCH
First Paragraph:
In this workers' compensation action, the trial court determined that
Wayne Eldred Hill, the employee, was permanently and totally disabled.
Pursuant to Tenn. Code Ann. S 50-6-208(a), the court apportioned 10
percent of the award to the employer and 90 percent of the award to
the Second Injury Fund. The case was referred to the Special Workers'
Compensation Appeals Panel for findings of fact and conclusions of law
pursuant to Tenn. Code Ann. S 50-6-225(e). The Appeals Panel modified
the award by apportioning 65 percent to the employer and 35 percent to
the Second Injury Fund pursuant to Tenn. Code Ann. S 50-6-208(b).
We granted CNA Insurance Company's motion for full-court review to
determine the correct apportionment under Tenn. Code Ann. S
50-6-208(a). After review of the entire record, we conclude that the
trial court's apportionment of liability was correct and that it is
consistent with this Court's decision in Bomely v. Mid- America Corp.,
970 S.W.2d 929 (Tenn. 1998).
http://www.tba.org/tba_files/TSC/hillw_opn.WP6
CONCURRING OPINION:
http://www.tba.org/tba_files/TSC/hillw_con.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/statelst_104.WP6
ANNACO, INC.
VS.
JOHN H. CORBIN, CORBIN, INC.,
F/K/A PAUL DAVIS SYSTEMS, INC.
OF MEMPHIS, a Tennessee
Corporation, and PAUL W.
DAVIS SYSTEMS, INC
Court:TCA
Attorneys:
JEFFREY D. GERMANY
R. LEE WEBBER
MORTON, BREAKSTONE & GERMANY, PLLC
Memphis, Tennessee
Attorneys for Appellant
REED L. MALKIN
STEVEN R. WALKER
Memphis, Tennessee
Attorneys for Appellee
Judge:HIGHERS
First Paragraph:
Annaco Inc. ("Annaco") has appealed the trial court's grant of summary
judgment to John H. Corbin ("Mr. Corbin") and Corbin Inc. For the
reasons stated hereafter, we affirm.
http://www.tba.org/tba_files/TCA/annacoin_opn.WP6
VELDA M. CARTEE
VS.
RODNEY CARTEE
Court:TCA
Attorneys:
For Appellant For Appellee
FIELDING H. ATCHLEY, JR. ERSKINE P. MABEE
Dietzen & Atchley Carter, Mabee & Paris
Chattanooga, Tennessee Chattanooga, Tennessee
Judge: SUSANO
First Paragraph:
This is a divorce case. The plaintiff, Velda M. Cartee, appeals,
arguing (1) that the trial court's division of marital property is
inequitable; (2) that the alimony award of $700 per month is not
adequate; and (3) that she is entitled to an award of attorney's fees
on this appeal.
http://www.tba.org/tba_files/TCA/carteevm_opn.WP6
JEAN CAROLYN DOTSON
VS.
AMANDA B. BLAKE, DAN BLAKE,
and the ESTATE OF ELVIS C.
MADDOX, SR., and MARTIN MANOR
ASSOCIATES, LTD.
Court:TCA
Attorneys:
MARIANNA WILLIAMS
ANTHONY L. WINCHESTER
ASHLEY, ASHLEY & ARNOLD
Dyersburg, Tennessee
Attorneys for Appellant Martin Manor Associates, Ltd.
DONALD E. PARISH
IVEY, PARISH & JOHNS, ATTORNEYS
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Defendant Martin Manor Associates ("MMA") appeals the ruling of the
trial court that no fault be assessed against non-parties Hnedek,
Bobo, Gooch and Associates ("Architect") and S. Webster Haining &
Company ("Contractor") when all claims against the non-parties were
barred by the applicable statute of repose. Defendant MMA also appeals
the trial court's refusal to instruct the jury with Tennessee Pattern
Jury Instruction 12.10 regarding the agent/independent contractor
distinction and the trial court's refusal to grant a new trial where
the jury apportioned zero fault to the drivers involved in the
automobile collision.
http://www.tba.org/tba_files/TCA/dotsonjc_opn.WP6
STATE OF TENNESSEE,
DEPT. OF HUMAN SERVICES,
ex rel,
ALBERTA BEARD
VS.
GILBERT FRANKLIN, III
Court:TCA
Attorneys:
MARCUS M. REAVES
Jackson, Tennessee
Attorney for Appellant
JOHN KNOX WALKUP
Attorney General & Reporter
TAMMY L. KENNEDY
Assistant Attorney General
Nashville, Tennessee
Attorney for Appellees
Judge:HIGHERS
First Paragraph:
Gilbert Franklin, III (Franklin) appeals the trial court's refusal to
"set aside" its order establishing paternity and child support. For
the reasons hereafter stated, we affirm.
http://www.tba.org/tba_files/TCA/franklng_opn.WP6
JOSEPH JOHN NARUS, JR.
VS.
CELIA S. BROOKSHIRE NARUS
Court:TCA
Attorneys:
For Appellant For Appellee
SELMA CASH PATY JAMES R. McKOON
Paty, Rymer & Ulin, P.C. McKoon, Billings & Gold, P.C.
Chattanooga, Tennessee Chattanooga, Tennessee
Judge:SUSANO
First Paragraph:
This is a post-divorce proceeding. The original plaintiff, Joseph
John Narus, Jr. ("Father"), filed a petition to reduce his child
support obligation. Following a hearing, the trial court reduced the
amount of his obligation, and the original defendant, Celia S.
Brookshire Narus ("Mother"), appealed.
http://www.tba.org/tba_files/TCA/narusjj_opn.WP6
BOBBY R. RUSHING
VS.
ROBERT R. DANIEL
and
DONALD E. DILLS, SHARON DILLS,
and DAVID W. LANIER
Court:TCA
Attorneys:
LANCE E. WEBB
Union City, Tennessee
Attorney for Appellant
CHARLES T. DYER
WILKES & DYER ATTORNEYS
Dyersburg, Tennessee
Attorney for Appellee Bobby R. Rushing
STEPHEN D. SCOFIELD
Dyersburg, Tennessee
Attorney for Appellees Donald E. Dills and Sharon Dills
Judge:HIGHERS
First Paragraph:
Defendant Robert R. Daniel ("Daniel" or "Appellant") appeals the
judgment of the trial court which quieted the title of Plaintiff Bobby
Rushing ("Rushing" or "Appellee") to the disputed property and
declared the instrument relied on by Daniel a nullity and of no effect
and dismissed all remaining cross claims by the Defendants.
http://www.tba.org/tba_files/TCA/rushinb_opn.WP6
WILLIAM THOMAS WINCHESTER
VS.
CHRISTY RAUCHLE LITTLE
Court:TCA
Attorneys:
WILLIAM T. WINCHESTER, pro se
Jackson, Tennessee
THOMAS H. RAINEY
JOHN D. BURLESON
DALE CONDER, JR.
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C.
Jackson, Tennessee
Attorneys for Appellee
Judge:HIGHERS
First Paragraph:
Plaintiff William Thomas Winchester ("Winchester" or "Appellant")
appeals the decision of the trial court dismissing Plaintiff's
Complaint against Defendant Christy Little ("Little" or "Appellee").
http://www.tba.org/tba_files/TCA/winchstw_opn.WP6
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