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January11, 1999
Volume 5 -- Number 005
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.
| 01 | New Opinion(s) from the Tennessee Supreme Court |
| 00 | New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 00 | New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 02 | New Opinion(s) from the Tennessee Court of Appeals |
| 01 | 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
LINDA S. SEALS
VS.
ENGLAND/CORSAIR UPHOLSTERY
MANUFACTURING COMPANY, INC.,
DINA TOBIN, DIRECTOR OF
THE DIVISION OF WORKERS' COMPENSATION, TENNESSEE
DEPARTMENT OF LABOR, SECOND INJURY FUND
WITH CONCURRING OPINION
Court:TSC
Attorneys:
For Appellee Seals: For Appellant:
DAVID H. DUNAWAY J. STEVEN COLLINS
LaFollette, TN JOHN A. WILLIS
Knoxville, TN
For Appellee Second Injury Fund:
JOHN KNOX WALKUP
Attorney General and Reporter
SANDRA E. KEITH
Assistant Attorney General
Nashville, TN
Judge:BIRCH
First Paragraph:
In this workers' compensation action, the employee, Linda S. Seals,
filed two separate claims: one for a March 1993 back injury and a
second for a July 1993 hand injury and chronic depression. Although
not formally consolidated by the trial court, these claims were tried
together. Regarding the first claim, the trial court awarded the
employee benefits for a 25 percent permanent partial disability to the
body as a whole as a result of the back injury. Regarding the second
claim, the trial court found that the employee was permanently and
totally disabled from the combination of the back injury, the hand
injury, and resulting chronic depression. No distinct rating was
provided for the hand injury alone. Pursuant to Tenn. Code Ann. S
50-6-208(b) (Supp. 1997), the trial court apportioned the permanent
total disability award 75 percent to the employer, England/Corsair
Upholstery Manufacturing Company, Inc., and 25 percent to the Second
Injury Fund.
http://www.tba.org/tba_files/TSC/sealsl_opn.WP6
CONCURRING OPINION
http://www.tba.org/tba_files/TSC/sealslc_con.WP6
LARRY AUBREY HENSON
VS.
ELIZABETH ELLEN SORRELL
WITH CONCURRENCE AND DISSENT
Court:TCA
Attorneys:
Hal Rounds of Memphis
For Appellant
No Appearance For Appellee
Judge:CRAWFORD
First Paragraph:
This case involves allegations of promissory fraud, fraudulent
concealment, breach of contract, conversion, and intentional
infliction of emotional distress arising from a woman's failure to
inform her partner that she had stopped taking birth control pills,
her subsequent pregnancy, and the birth of a child. The plaintiff,
Larry Aubrey Henson (Henson), appeals the trial court's judgment for
the defendant, Elizabeth Sorrell (Sorrell), after a trial on the
merits.
http://www.tba.org/tba_files/TCA/hensonla_opn.WP6
CONCURRENCE AND DISSENT
http://www.tba.org/tba_files/TCA/hensonld_dis.WP6
NORMAN HOLZINGER
VS.
INDUSTRIAL DEVLOPMENT BOARD,
OF THE COUNTY OF MONTGOMERY, CITY COUNCIL OF
CLARKSVILL, TENNESSEE and CITY OF CLARKSVILLE, TENNESSEE.
Court:TCA
Attorneys:
Robert Clive Marks, MARKS & MARKS, Clarksville,Tennessee
Attorney for Plaintiff/Appellant.
F. Evans Harvill, Clarksville, Tennesse
Attorney for Defendant/Appellee Industrial Development Board of the
County of Montgomery.
David Haines, Clarksville, Tennessee
Attorney for Defendant/Appellee City of Clarksville
Judge:FARMER
First Paragraph:
Plaintiff Norman Holzinger appeals an order of the trial court
granting a motion for summary judgment filed by Defendant Industrial
Development Board of Montgomery County (IDB). Because we find that
the trial court should have dismissed IDB's counterclaim, we reverse
the ruling of the trial court.
http://www.tba.org/tba_files/TCA/Holzingn_opn.WP6
STATE OF TENNESSEE
VS.
CRAIG BRYANT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A.C. WHARTON JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
WALKER GWINN DOUGLAS D. HIMES
Assistant Public Defender Assistant Attorney General
201 Poplar Avenue 425 Fifth Avenue North
Memphis, TN 38103 Nashville, TN 37243-0493
WILLIAM GIBBONS
District Attorney General
LEE V. COFFEE
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge:WELLES
First Paragraph:
The Defendant, Craig Bryant, appeals as of right from a Shelby County
jury verdict convicting him of aggravated assault and attempted second
degree murder. The trial court sentenced him as a Range I standard
offender to consecutive sentences of three years for aggravated
assault and ten years for attempted second degree murder. The
Defendant now appeals pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/bryantc_opn.WP6
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