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00	New Opinion(s) from the Tennessee Supreme Court
00	New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
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02	New Opinion(s) from the Tennessee Court of Appeals
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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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