May 11, 1999
Volume 5 -- Number 063

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):
 
02 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

STATE OF TENNESSEE
VS.
ABRAHAM GALMORE

Court:TSC

Attorneys:   
                       
FOR APPELLANT:              FOR APPELLEE:

A. C. WHARTON               JOHN KNOX WALKUP
PUBLIC DEFENDER             ATTORNEY GENERAL & REPORTER
MEMPHIS
                            MICHAEL E. MOORE
M. MARK WARD                SOLICITOR GENERAL
ASSISTANT PUBLIC DEFENDER
MEMPHIS                     MICHAEL J. FAHEY II
                            ASSISTANT ATTORNEY GENERAL
                            NASHVILLE

Judge:HOLDER

First Paragraph:

We granted this appeal to determine:  1)  whether the State may impeach
a defendant's credibility by referring to an unnamed felony conviction;
and 2)  if not, whether a non-testifying defendant must show that he did
not testify because of the trial court's ruling.  We hold that the trial
court erred in permitting the State to impeach the defendant's
credibility by referring to an unnamed felony conviction.  We further
hold that the defendant was not required to preserve his objection by
stating that he would have testified in his trial but for the trial
court's ruling or by making an offer of proof as to his proposed trial
testimony.   Although the ruling as to the admissibility of the prior
felony was improper, it does not mandate reversal in this case.

http://www.tba.org/tba_files/TSC/Galmorea_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

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

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