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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