November 1, 1999
Volume 5 -- Number 150

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

						
WILLIAM KEITH EDDLEMON
VS. 
TECUMSEH PRODUCTS COMPANY

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:              For the Appellee:
Mitchell G. Tollison            Gregory D. Jordan
HAWKS & TOLLISON                Jeffery G. Foster
P. O. Box 630                   RAINEY, KIZER, BUTLER, REVIERE
Humboldt, TN 38343                & BELL, P.L.C.
                                P. O. Box 1147
                                105 South Highland Street
                                Jackson, TN 38302-1147                        

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.
The plaintiff received a workers' compensation lump sum award and,
upon his motion, the trial court awarded post-judgment interest for a
period of 32 days.  He appeals and argues that he is entitled to
post-judgment interest for 99 days, from the date the lump sum award
was approved by the trial court until the date he received payment.

http://www.tba.org/tba_files/TSC_WCP/Eddlemon.wpd





VIRGINIA MCCONNELL
VS.
TRAVELERS INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

FOR THE APPELLEE:               FOR THE APPELLANT:

GAYDEN DREW, IV                 MARC A. SORIN
Drew & Martindale, P.C.         Spicer, Flynn & Rudstrom, PLLC
470 North Parkway, Suite C      80 Monroe Avenue, Suite 500
Jackson, Tennessee  38305       Memphis, Tennessee  38103                         

Judge: TATUM

First Paragraph:

This workers' compensation appeal was referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court pursuant to Tennessee
Code Annotated S 50-6-225(e)(3) (Supp. 1998) for hearing and reporting
to the Supreme Court of findings of fact and conclusions of law.
This case arises from a back injury that plaintiff sustained on the
job.  The court found that plaintiff made a meaningful return to work
and gave her the maximum award of six (6) times the anatomical rating
(60 percent vocational disability to the body as a whole) pursuant to
Tennessee Code Annotated S 50-6-241(b), rather than limiting the award
to the two and one-half (2_) times cap found in S 50-6-241(a).

http://www.tba.org/tba_files/TSC_WCP/Mcconnel.wpd





CHARLES D. SCOTT
VS.
THE TRAVELERS INSURANCE COMPANY,
and SUE ANN HEAD, DIRECTOR OF THE
TENNESSEE DEPARTMENT OF LABOR

Court:TSC - Workers Comp Panel

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEES:

JEFFERY L. STIMPSON         PAUL G. SUMMERS
P. O. Box Drawer H          Attorney General and Reporter
Munford, Tennessee  38058                           
                            DIANNE STAMEY DYCUS
                            Deputy Attorney General
                            General Civil Division
                            425 Fifth Avenue North  
                            Nashville, Tennessee  37243

                            THOMAS F. PRESTON
                            Spicer, Flynn & Rudstrom, PLLC
                            80 Monroe Avenue, Suite 500
                            Memphis, Tennessee  38103                        

Judge: TATUM

First Paragraph:

This workers' compensation appeal was referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court pursuant to Tennessee
Code Annotated S 50-6-225(e)(3) (Supp. 1998) for hearing and reporting
to the Supreme Court of findings of fact and conclusions of law.
The plaintiff, Charles D. Scott, brought this suit against Travelers
Insurance Company, the workers' compensation insurance carrier for
Kraus Model Cleaners (Kraus Cleaners), and the Second Injury Fund. 
After hearing the evidence, the chancellor found that the plaintiff
did not prove by a preponderance of the evidence that his back injury
was caused or aggravated out of or in the course of his employment for
Kraus Cleaners and entered judgment for the defendants.

http://www.tba.org/tba_files/TSC_WCP/Scottcd.wpd





SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/CERTLIST_1101.wpd





STATE OF TENNESSEE
VS.
STEVEN MARSHALL DEADRICK

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

RICHARD A. TATE             PAUL G. SUMMERS
Assistant Public Defender   Attorney General and Reporter
P.O. Box 839
Blountville, TN 37617       MARVIN S. BLAIR, JR.
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            GREELEY WELLS
                            District Attorney General

                            J. LEWIS COMBS
                            Assistant District Attorney General
                            Blountville, TN 37617                        

Judge: WELLES

First Paragraph:

The Sullivan County Grand Jury indicted the Defendant, Steven Marshall
Deadrick, for the sale or delivery of 0.5 or more grams of cocaine and
for conspiracy to sell or deliver 0.5 or more grams of cocaine.  The
Defendant and his co-defendant, James Arthur Carnes, were tried
together, and a Sullivan County jury found the Defendant guilty of the
lesser included offense of facilitation of the sale of over one half a
gram of cocaine.  After considering the Defendant's criminal record
and other pertinent factors, the trial court sentenced him as a Range
III persistent offender to thirteen years incarceration and fined him
$2,000.00.  Pursuant to Rule 3 of the Rules of Appellate Procedure,
the Defendant now appeals both his conviction and his sentence.  We
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/DEADRICK.wpd





STATE OF TENNESSEE
VS.
DONALD MITCHELL GREEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

JULIE A. MARTIN             PAUL G. SUMMERS
P. O. Box 426               Attorney General and Reporter
Knoxville, TN  37901-0426
                            CLINTON J. MORGAN
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243

                            RANDALL E. NICHOLS
                            District Attorney General

                            ROBERT L. JOLLEY, JR.
                            Assistant Attorney General
                            City-County Building
                            Knoxville, TN  37902                         

Judge: SMITH

First Paragraph:

This is an appeal as of right from the judgment of the Knox County
Criminal Court.  On June 14, 1994, Appellant pleaded guilty to
aggravated robbery, misdemeanor theft, and failure to appear. 
Appellant received a thirty year sentence for aggravated robbery, to
be served concurrently with an eleven months and twenty nine day
sentence for misdemeanor theft. These sentences are to run
consecutively with the six year sentence for failure to appear.

http://www.tba.org/tba_files/TCCA/GREENDON.wpd

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