March 25, 1999
Volume 5 -- Number 40

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):
 
03 New Opinion(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 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



INTERMODAL CARTAGE, INC., and   
SIGNA PROPERTY & CASUALTY CO.
VS.
ROGER DALE CHAMBLISS 

JUDGMENT ORDER

Court:TSC


Judge:GAYDEN

First Paragraph:

This case is before the Court upon defendants' motion for review
pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record,
including the order of referral to the Special Workers' Compensation
Appeals Panel, and the Panel's Memorandum Opinion setting forth its
findings of fact and conclusions of law, which are incorporated herein
by reference;

http://www.tba.org/tba_files/TSC/Intermod_jo.WP6.WP6



JAMES R. SIMPSON VS. LIVINGSTON LIMESTONE CO., INC. JUDGMENT ORDER Court:TSC Judge:MADDUX First Paragraph: This case is before the Court upon defendants' motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; http://www.tba.org/tba_files/TSC/Simpsonj_jo.WP6
LINDA TRUEBLOOD STURDIVANT VS. ROBERT WILLS STURDIVANT, JR. Court:TSC Attorneys: ROBERT TODD JACKSON Jackson Law Office 222 Second Avenue North, Suite 419 Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLEE M. T. TAYLOR, JR. 339 Main Street Franklin, Tennessee 37064 ATTORNEY FOR DEFENDANT/APPELLANT Judge:CAIN First Paragraph: This is an appeal from a divorce decree in which the only issue raised by the appellant husband is the action of the trial court in granting permanent alimony, rather than rehabilitative alimony. In addition, the appellee wife seeks attorney fees relative to the appeal. While we affirm the decision of the trial court to grant permanent alimony, we vacate the amount set by the trial court for reasons which follow. http://www.tba.org/tba_files/TSC/Sturdivl_opn.WP6
VELMA BRADLEY VS. DEROYAL INDUSTRIES, INC. AND LIBERTY MUTUAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: James T. Shea IV David H. Dunaway P.O. Box 1708 100 South Fifth Street Knoxville, Tenn. 37901 P.O. Box 231 LaFollette, Tenn. 37766 Judge:THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/bradleyv_wc.WP6
THELMA E. SEIBER VS. METHODIST MEDICAL CENTER OF OAK RIDGE Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Robert W. Knolton Mark E. Floyd 105 Donner Drive, Suite B PRYOR, FLYNN, PRIEST & HARBER P. O. Box 4459 625 S. Gay Street, Suite 600 Oak Ridge, TN 37831-4459 P. O. Box 870 Knoxville, TN 37902 Judge:INMAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/Seiber-t_wc3.WP6
JACKIE W. SMITH VS. GEORGIA PACIFIC CORPORATION Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: William G. McCaskill, Jr. Bert Bates 2908 Poston Ave. P.O. Box 177 Nashville, Tenn. 37203 Cleveland, Tenn. 37364-0177 Judge:THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/Smithjac_wc.WP6
ROBERT E. TIMBS VS. TRANSPORTATION INSURANCE COMPANY and SUE ANN HEAD, Director of Workers' Compensation Division, Department of Labor, Second Injury Fund Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: James A. Hamilton, III Michael W. Whitaker Farmer, Jones, Hamilton P.O. Box 1024 & Lay, P.L.C. Covington, TN 38019 P.O. Box 763 Dyersburg, TN 38023-0763 John Knox Walkup Attorney General and Reporter Kathleen W. Stratton Assistant Attorney General Civil Division 425 Fifth Avenue North 2nd Floor, Cordell Hull Bldg. Nashville, TN 37243 Judge:BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/timbsrob_opn.WP6
CHARLOTTE L. TOWNSEND VS. STATE OF TENNESSEE Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Steve Taylor John Knox Walkup Kim, Willcox, McArthur & Taylor Attorney General and Reporter 6263 Poplar Avenue Suite 601 Mary Byrd Ferrara Memphis, TN 38119 Assistant Attorney General Civil Rights & Claims Division Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, TN 37243 Judge:BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/townsend_opn.WP6
JERRY CAMMUSE VS. DAVIDSON COUNTY DISTRICT ATTORNEY, et al Court:TCA Attorneys: JERRY CAMMUSE, Pro Se Turney Center 4B/60 Route One Only, Tennessee 37140-9709 JOHN KNOX WALKUP Attorney General & Reporter MICHAEL E. MOORE Solicitor General MEREDITH DEVAULT Cordell Hull Building, Second Floor 425 Fifth Avenue, North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:CAIN First Paragraph: This case represents an appeal from the dismissal of an inmate/Petitioner's request under the Tennessee Pubic Records Act to obtain access to documents used in his criminal prosecution. http://www.tba.org/tba_files/TCA/Cammusej_opn.WP6
FREDERIC R. HARRIS, INC. VS. THE METROPOLITAN GOVERNMENT OF NASHVILLE and DAVIDSON COUNTY, TENNESSEE, Court:TCA Attorneys: PETER H. CURRY Tuke Yopp & Sweeney NationsBank Plaza, Suite 1100 414 Union Street Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT JOHN L. KENNEDY Metropolitan Attorney The Department of Law of The Metropolitan Government of Nashville and Davidson County 204 Metropolitan Courthouse Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/APPELLEE Judge:CAIN First Paragraph: Frederic R. Harris, Inc. (FRH), formerly PRC Engineering, Inc., entered into a contract with the Metropolitan Government of Nashville and Davidson County (Metro), whereby FRH agreed to provide computer design services to Metro on a cost-plus-fee basis. FRH promised to provide engineering services for the design and implementation of a Computerized Traffic Signal System for Metro. The original contract, dated October 21, 1985, provided for the compensation and performance of one "System Design Phase" with an option to continue the relationship over five additional phases. The eventual goal was that this new system would utilize a special type of software to control traffic at five hundred and fifty (550) intersections throughout the city of Nashville. http://www.tba.org/tba_files/TCA/Harrisfr_opn.WP6
JAMES R. MILLER VS. ENNESSEE BOARD OF PAROLES Court:TCA Attorneys: JAMES R. MILLER, #135058 South Central Correctional Facility P. O. Box 279 Clifton, Tennessee 38425-0279 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General & Reporter PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 Attorney for Respondent/Appellee Judge: CANTRELL First Paragraph: An inmate in the custody of the Department of Correction filed a petition for writ of certiorari, claiming that the Board of Paroles acted unconstitutionally in refusing to parole him. The chancery court dismissed the petition. We affirm the chancery court. http://www.tba.org/tba_files/TCA/Millerjr_opn.WP6

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