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.

This Issue (IN THIS ORDER):
 
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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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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