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.

This Issue (IN THIS ORDER):
 
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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