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
 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.

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

PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1999 Tennessee Bar Association