July 12, 1999
Volume 5 -- Number 096

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
03 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


TAMMY DELYN LONG
VS.
TRI-CON INDUSTRIES, LTD.,                               
and HARTFORD ACCIDENT               
INDEMNITY COMPAN

Court:TSC

Attorneys:                          
For the Appellant:                  For the Appellees:

Ronald Thurman                      Lynn C. Peterson        
RONALD THURMAN & ASSOCIATES         NORTON & LUHN        
Cookeville, Tennessee               Knoxville, Tennessee

Judge:ANDERSON

First Paragraph:

We granted this workers' compensation motion for review to determine
whether the evidence preponderated against the trial court's finding
that the employee sustained a compensable injury to her back arising out
of and in the course of her employment.

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



KAREN SULLIVAN VS. BAPTIST MEMORIAL HOSPITAL Court:TSC Attorneys: For the Appellant: For Appellee: Paul E. Prather Stephen H. Biller Steven W. Likens Memphis, Tennessee KIESEWETTER WISE KAPLAN SCHWIMMER & PRATHER, PLC Sara L. Hall Memphis, Tennessee Memphis, Tennessee Judge:ANDERSON First Paragraph: We granted the appeal in this defamation case to determine whether the element of publication is satisfied when an employee is compelled to disclose to a prospective employer the reason given for termination by a former employer. The trial court granted summary judgment to defendants, concluding that the plaintiff's self-published statements failed to satisfy the publication element of defamation. The Court of Appeals reversed, adopting the minority view that self-publication satisfies the publication element when 1) the defendant can reasonably foresee that the plaintiff will be compelled to publish the defamatory statement and 2) the plaintiff is in fact compelled to publish the defamatory statement on subsequent employment applications. http://www.tba.org/tba_files/TSC/Sullivan_opn.WP6
RANDALL GRAHAM and CHARLES J. FYKE VS. LORAINE EDMONDSON Court:TCA Attorneys: David H. King; King, Turnbow & Brisby of Franklin For Appellants William Carter Conway of Franklin For Appellee Judge:CRAWFORD First Paragraph: This is an action to enforce restrictive covenants against a landowner. Plaintiffs/appellants, Randall Graham and Charles Fyke (Plaintiffs), appeal the order of the trial court granting summary judgment to defendant/appellee, Loraine Edmondson (Edmondson). http://www.tba.org/tba_files/TCA/Grahamra_opn.WP6
GRE INSURANCE GROUP VS. DOUGLAS KEITH "RON JON" REED, CHRISTOPHER LORANCE, WILLIE LORANCE, and JERRY A. JONES Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Barbara J Perutelli Christina Henley Duncan Marian L. Kohl Manchester, Tennessee Ashley N. Arnold Nashville, Tennessee Judge:CAIN First Paragraph: In this case, one of the insureds on an automobile liability insurance policy allowed a third party to use his vehicle. The third party then committed an intentional act while operating the vehicle. The insurance company sought declaratory judgment to determine whether its policy required it to defend and provide liability coverage for the insureds. The trial court held that the third party committed an intentional act which excluded coverage to him under the terms of the policy. The trial court also held that the insureds did not commit an intentional act, and that the insurer must provide a defense and liability coverage to the insureds. The insurer appeals as to the insureds; the issue is one of first impression in Tennessee. We affirm. http://www.tba.org/tba_files/TCA/Greinsur_opn.WP6
THOMAS E. MOREFIELD, II VS. O'BRIEN HEATING AND COOLING, INC., HAZEL ALBERT, in her official capacity as acting COMMISSIONER OF EMPLOYMENT SECURITY, AIR CONDITIONING SERVICE, INC., and LIBERTY HEALTHCARE Court:TCA Attorneys: ROBERT ORR, JR. 210 Third Avenue, North P. O Box 190683 Nashville, Tennessee 37219-0683 Attorney for Petitioner/Appellant PAUL G. SUMMERS Attorney General and Reporter DOUGLAS EARL DIMOND Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243-0499 Attorney for Respondents/Appellees Judge:CANTRELL First Paragraph: In this case the question is whether an employee's failure to return to work after an on-the-job injury is misconduct that disqualifies him for unemployment benefits. The Chancery Court of Davidson County affirmed the denial of benefits by the Department of Employment Security's Board of Review. We affirm. http://www.tba.org/tba_files/TCA/Morefite_opn.WP6
STATE OF TENNESSEE VS. CHRISTOPHER D. SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LAURIE S. ANDRIJESKI (at trial) PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 800 S. Gay Street, Suite 800 Knoxville, TN 37909 TODD R. KELLEY Assistant Attorney General ALBERT J. NEWMAN, JR. (on appeal) 425 Fifth Ave. N., 2d Floor Attorney at Law Nashville, TN 37243-0493 602 S. Gay Street, Suite 500 Knoxville, TN 37902 RANDALL E. NICHOLS District Attorney General ZANE SCARLETT Asst District Attorney General 400 Main, P.O. Box 1468 Knoxville, TN 37901-1468 Judge:WITT First Paragraph: The defendant, Christopher D. Smith, appeals from his jury convictions for burglary and attempted theft in the Knox County Criminal Court. See Tenn. Code Ann. SS 39-12-101(a), -14-103, -14-402(a)(1) (1997). The trial court imposed a twelve year sentence in the Tennessee Department of Correction for the burglary conviction and a concurrent six month sentence in the county jail for the attempted theft conviction. In this direct appeal, the defendant challenges the sufficiency of the convicting evidence. After a review of the record, the briefs of the parties, and the applicable law, we affirm. http://www.tba.org/tba_files/TCCA/Smithcd_opn.WP6
STATE OF TENNESSEE VS. JAMES RICHARD WATSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES M. CORN PAUL G. SUMMERS District Public Defender Attorney General & Reporter 53-A Central Avenue Cleveland, TN 37364 R. STEPHEN JOBE Assistant Attorney General WILLIAM C. DONALDSON 425 Fifth Ave. N., 2d Floor Assistant Public Defender Nashville, TN 37243-0493 110 _ Washington Avenue N.E. Athens, TN 37303 JERRY N. ESTES District Attorney General AMY REEDY Asst District Attorney General 130 Washington Avenue Athens, TN 37371 Judge:WITT First Paragraph: The defendant, James Richard Watson, appeals from his sentence imposed for aggravated assault, a Class C felony, in the McMinn County Criminal Court. See Tenn. Code Ann. S 39-13-102(a)(1)(B) (1997). The trial court imposed a five year sentence in the Tennessee Department of Correction. In this direct appeal, the defendant challenges the length of the sentence imposed and the manner of service. After a review of the record, the briefs of the parties, and the applicable law, we affirm the sentence. http://www.tba.org/tba_files/TCCA/Watsonjr_opn.WP6

 

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