January 25, 1999
Volume 5 -- Number 011

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):
04 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
00 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





Erich M. Shultz                 Richard D. Click            
Memphis, TN                     Bradley G. Kirk         
                                Bateman & Childers
                                Memphis, TN                        


First Paragraph:

In this workers' compensation case, we consider for the first time
whether an employee who has been sexually harassed by a supervisor in
the course of employment may recover workers' compensation benefits
from the employer.  Finding that the plaintiff's alleged injury did
not arise out of her employment, the Chancery Court of Shelby County
granted summary judgment to the employer and its insurance carrier,
the defendants.  The Special Workers' Compensation Appeals Panel, upon
reference for findings of fact and conclusions of law in accordance
with Tenn. Code Ann. S 50-6-225(e)(5) (Supp. 1998), reversed and
remanded the case for a determination of factual issues.  For the
reasons that follow, we affirm the decision of the trial court
granting summary judgment to the defendants.


THURSTON ANDREW HELMS VS. TENNESSEE DEPARTMENT OF SAFETY Court:TSC Attorneys: For the Appellant: For the Appellee: E.E. Edwards, III & John Knox Walkup James A. Simmons Attorney General & Reporter Edwards & Simmons Nashville, Tennessee Michael E. Moore Solicitor General Albert T. Partee, III Senior Counsel Paula D. Godsey Assistant Attorney General Judge:BARKER First Paragraph: We granted this appeal to determine if Article I, section 6 of the Tennessee Constitution affords the right to a jury trial in cases under Tenn. Code Ann. S 53-11-451 (Supp. 1992), involving the forfeiture of personal property. The Court of Appeals held that Thurston Andrew Helms, the appellant and owner of the forfeited property in this action, was not entitled to a jury trial. We affirm the judgment of the court below and conclude that in Tennessee there is no right to a jury trial in statutory proceedings involving the forfeiture of personal property. http://www.tba.org/tba_files/TSC/Helmstah_opn.WP6
MARTHA P. JORDAN, Administratrix of the Estate of Mary Sue Douglas, Deceased VS. BAPTIST THREE RIVERS HOSPITAL, MARK W. ANDERSON, M.D., NOEL DOMINGUEZ, M.D., AND PATRICK J. MURPHY, M.D. Court:TSC Attorneys: FOR PLAINTIFF/APPELLANT: DAVID RANDOLPH SMITH ROBERT BLAKE MENZEL Nashville FOR DEFENDANT/APPELLEE, BAPTIST THREE RIVERS HOSPITAL: GAYLE MALONE, JR. KATHRYN J. LADD KARA E. SHEA Nashville FOR DEFENDANT/APPELLEE, MARK W. ANDERSON, M.D.: DAN L. NOLAN SUZANNE M. PEARSON Clarksville FOR DEFENDANT/APPELLEE, NOEL DOMINGUEZ, M.D.: THOMAS F. RAINEY Jackson FOR DEFENDANT/APPELLEE, PATRICK J. MURPHY, M.D.: ROBERT E. HOEN JOHN R. CALLCOTT Nashville FOR AMICUS CURIAE, STEFFONE McCLENDON: H. NAILL FALLS JR. JAMES B. JOHNSON Nashville FOR AMICUS CURIAE, TENNESSEE TRIAL LAWYERS ASSOCIATION: JOHN A. DAY DONALD CAPPARELLA Nashville STEVEN W. TERRY Morristown Judge:HOLDER First Paragraph: We granted this appeal to determine whether spousal and parental consortium losses should be permissible in wrongful death actions. Tennessee law previously permitted the anomalous result of allowing spousal consortium losses in personal injury cases but not in cases of wrongful death. Upon review of the modern trend of authority and careful scrutiny of our statutory scheme, we hold that loss of consortium claims should not be limited to personal injury suits. We hold that the pecuniary value of a deceased's life includes the element of damages commonly referred to as loss of consortium. http://www.tba.org/tba_files/TSC/Jordanmp_opn.WP6
STATE OF TENNESSEE VS. JABBAUL PETTUS Court:TSC Attorneys: For Appellant: For Appellee: MICHAEL R. JONES JOHN KNOX WALKUP Clarksville, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General LISA A. NAYLOR Assistant Attorney General Nashville, TN JOHN WESLEY CARNEY, JR. District Attorney General WILLIAM M. CLOUD, JR. Assistant District Attorney General Clarksville, TN Judge:BIRCH First Paragraph: Jabbaul Pettus, the appellant, pleaded guilty to the unlawful possession of a Schedule II substance (cocaine) with intent to sell. Omitted from the indictment, however, was any reference to the amount of substance possessed. This omission notwithstanding, the offense was treated as a Class B felony and Pettus acquiesced in an eight-year sentence to community corrections--a term well within the range provided for Class B felonies. While on community corrections for the drug offense, Pettus committed additional offenses which resulted in his guilty plea to attempted aggravated robbery. For this new offense, the trial court imposed a six-year sentence to the Department of Correction. During the same hearing, the trial court revoked the community corrections sentence and replaced it with a ten-year term to the Department of Correction. Based on the provisions of Tenn. Code Ann. S 40-35-115(b)(6) (Supp. 1994), the trial court ordered the sentences to be consecutively served. http://www.tba.org/tba_files/TSC/Pettusj_opn.WP6

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