January 12, 1999
Volume 5 -- Number 006

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):
 
00 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
02 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


RHONDA S. BRYANT, and husband,
NATHAN G. BRYANT
VS.
DAVID H. MCCORD, M.D., DAVID H. 
MCCORD, d/b/a TENNESSEE SPINE
CENTER, INC., ACROMED
CORPORATION, ACROMED, INC.,
and COLUMBIA/HCA HEALTHCARE CORPORATION
and
HCA HEALTH SERVICES OF
TENNESSEE, INC.,
d/b/a CENTENNIAL MEDICAL CENTER

Court:TCA

Attorneys: 

Charles J. Williams,
John B. Carlson,
WILLIAMS & ASSOCIATES, P.C., Nashville, Tennessee
G. Thomas Nebel, LAW OFFICES OF TOM NEBEL, P.C., Nashville, Tennessee
Attorneys for Plaintiffs/Appellants.


C. J. Gideon, Jr.,
William S. Walton,
GIDEON & WISEMAN, Nashville, Tennessee
Attorneys for Defendants/Appellees.                         

Judge:FARMER

First Paragraph:

Plaintiff Rhonda Bryant appeals an order of the trial court granting
summary judgment in favor of Defendant Centennial Medical Center
(CMC). We find, contrary to the ruling of the trial court, that there
is a genuine issue of material fact regarding whether CMC violated a
duty of care owed to Bryant.  Thus, we reverse the portion of the
trial court's order granting summary judgment to CMC with respect to
Bryant's hospital malpractice claim.  For reasons somewhat different
than those cited by the trial court, we agree that the trial court
properly granted summary judgment to CMC with respect to Bryant's
remaining claims.

http://www.tba.org/tba_files/TCA/bryantrs_opn.WP6



CINDY WARREN DONEGAN VS. JOHN GRAHAM DONEGAN Court:TCA Attorneys: Neal Lovelace of Centerville For Appellant Douglas Thompson Bates, III of Centerville Appellee Judge:CRAWFORD First Paragraph: This appeal involves a petition to change child custody. Appellant, Cindy Warren Donegan (Mother), appeals from the order of the trial court granting the petition to change custody filed by Appellee, John Graham Donegan (Father). After twelve years of marriage, the parties were divorced by final decree entered August 19, 1997 after a very bitter divorce proceeding. The trial court declared the parties divorced rather than awarding such to either party alone and granted Mother custody of the parties' three minor children: Zachery, age 11; Kelsey Alexandria, age 5; and Dylan Graham, age 3. http://www.tba.org/tba_files/TCA/doneganc_opn.WP6
GEORGE EDWARD FRENCH VS. RICKY BELL, Warden, and STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: George Edward French, Pro se John Knox Walkup T.D.O.C. No. 107854 Attorney General of Tennessee R.M.S.I., U-6-B-117 and 7475 Cockrill Bend Road Elizabeth B. Marney Nashville, TN 37209-1010 Asst Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and Elizabeth B. Marney Assistant District Attorney General Washington Sq., 222 2nd Ave. N. Nashville, TN 37201-1649 Judge: TIPTON First Paragraph: The petitioner, George Edward French, pro se, appeals as of right from the dismissal of his petition for a writ of habeas corpus by the Davidson County Criminal Court. He is presently in prison serving an eighty-year sentence, as a Range II offender, upon his conviction in 1983 for armed robbery. He contends (1) that the sentencing court did not have the authority to sentence him as a Range II, persistent offender because he did not have a sufficient number of prior felony convictions to qualify as such and (2) that insufficient evidence existed to show beyond a reasonable doubt that he qualified as a Range II, persistent offender. Also, he seeks the appointment of counsel and oral argument. http://www.tba.org/tba_files/TCCA/frenchge_opn.WP6
STATE OF TENNESSEE VS. PAMELA JEAN SCUDERI Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Tusca R.S. Alexis John Knox Walkup 915 Jefferson St. Attorney General & Reporter Nashville, TN 37208 Daryl J. Brand Senior Counsel Erik W. Daab Legal Assistant Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 William C. Whitesell, Jr. District Attorney General John Price Assistant District Attorney 300 Judicial Bldg. Murfreesboro, TN 37130 Judge:RILEY First Paragraph: A jury convicted the defendant of driving under the influence of an intoxicant (DUI), first offense. She was sentenced to eleven months, twenty-nine days at seventy-five percent, all suspended except forty-eight hours in jail. She was also fined $350. In this direct appeal, the defendant challenges the sufficiency of the evidence. Upon our review of the record, we vacate the conviction. http://www.tba.org/tba_files/TCCA/scuderip_opn.WP6

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