December 17, 1999
Volume 5 -- Number 171

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
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
06 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

MARGARET H. CRUZE
VS.
FORD MOTOR COMPANY
and 
DEBORAH BOWLIN

Court:TCA

Attorneys: 

For the Appellant:          For the Appellee            For the Appellee
                            Margaret H.  Cruze:         Deborah Bowlin:
J.  Randolph Bibb, Jr.      Sidney W.  Gilreath         Keith F.  Blue
Karyn C.  Bryant            Dianne E.  Lashmit          JENKINS & JENKINS
BOULT, CUMMINGS,            GILREATH & ASSOCIATES       Knoxville, TN 37929
 CONNERS & BERRY, PLC       Knoxville, TN 37902         
Nashville, TN 37219         
                            Charles R.  Terry
OF COUNSEL:                 TERRY, TERRY & STAPLETON
Craig A.  Morgan            Morristown, TN 37815-0724
Jessie A.  Amos
BROWN, McCARROLL &
 OAKS HARTLINE, LLP
Austin, TN 78701                         

Judge: SWINEY

First Paragraph:

This is a personal injury case arising out of a two-car collision
between Margaret Cruze (Plaintiff/Appellee) and Deborah Bowlin
(Defendant/Appellee).  Cruze sued Bowlin and Ford Motor Company
(Defendant/Appellant), alleging negligence by Bowlin in causing the
accident.  Cruze sued Ford under the theory of negligence and strict
product liability concerning alleged defects in Ford's passenger
restraint system on her 1994 Fort Escort.

http://www.tba.org/tba_files/TCA/CruzeMargaret.wpd



MEDICAL EDUCATION ASSISTANCE VS. STATE OF TENNESSEE, through the EAST TENNESSEE STATE UNIVERSITY QUILLEN COLLEGE OF MEDICINE VS. ASHOK V. MEHTA, M.D. Court:TCA Attorneys: For the Appellant For the Appellee For the Intervenor Ashok V. Mehta, M.D.: Medical Education State of Tennessee - Assistance Corp: ETSU Quillen College of Medicine: Thomas C. Jessee Jack Tallent, II Edward J. Kelly Johnson City, TN 37605 Knoxville, TN 37902 Johnson City, TN 37614 Judge: SWINEY First Paragraph: This is an appeal of the Trial Court's enforcement of a covenant not to compete against Ashok V. Mehta, M.D. ("Dr. Mehta"), a pediatric cardiologist, in favor of Medical Education Assistance Corporation ("MEAC"), and the State of Tennessee through East Tennessee State University Quillen College of Medicine ("ETSU"). The Trial Court enjoined Dr. Mehta from practicing medicine in a seven county area for five years, and awarded damages of $358,265 to MEAC. http://www.tba.org/tba_files/TCA/MEAC.wpd
ALDRIDGE LYNN SHOCKLEY VS. ELLA MAE SHOCKLEY Court:TCA Attorneys: JOHNNY V. DUNAWAY, LaFollette, for Defendant-Appellant. DENISE TERRY STAPLETON, Morristown, for Plaintiff-Appellee. Judge: FRANKS First Paragraph: In this divorce action, the husband appeals from the Chancellor's division of marital property and the award of alimony to the wife. http://www.tba.org/tba_files/TCA/shockleyA.wpd
STATE OF TENNESSEE VS. STEPHEN CRAIG DILLARD Court:TCCA Attorneys: For the Appellant: For the Appellee: Julie A. Rice Paul G. Summers Contract Appellate Defender Attorney General and Reporter P. O. Box 426 Knoxville, TN 37901-0426 Ellen H. Pollack Assistant Attorney General and Criminal Justice Division 425 Fifth Avenue North Richard A. Tate 2d Floor, Cordell Hull Building Assistant Public Defender Nashville, TN 37243-0493 Blountville, TN 37617 H. Greeley Wells, Jr. District Attorney General Robert Montgomery, Jr. Asst. District Attorney General Blountville, TN 37617 Judge: HAYES First Paragraph: The appellant, Stephen Craig Dillard, appeals the sentencing decision of the Sullivan County Criminal Court. In November 1998, the appellant entered nolo contendere pleas to vehicular homicide, vehicular assault, and driving on a revoked license. Pursuant to the plea agreement, the trial court imposed an eight year sentence for class B vehicular homicide, a two year sentence for class D vehicular assault, and a six month sentence for driving on a revoked license. The manner of service of the sentences was to be determined by the trial court. After a sentencing hearing, the trial court ordered the sentences to be served concurrently in the Tennessee Department of Correction. The appellant appeals the trial court=s denial of an alternative sentence. After review of the record, we affirm. http://www.tba.org/tba_files/TCCA/DillardSC.wpd
WILLIAM FREDRICK LUTTRELL VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: W. Douglas Collins Paul G. Summers Post Office Box 1754 Attorney General of Tennessee Morristown, TN 37816 and Clinton J. Morgan Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243 C. Berkeley Bell, Jr. District Attorney General and John F. Dugger, Jr. Assistant District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 Judge: TIPTON First Paragraph: The petitioner, William Frederick Luttrell, appeals as of right from the Hamblen County Criminal Court's denial of his petition for post-conviction relief. He seeks relief from his 1997 guilty pleas to three counts of delivery of less than one-half gram of cocaine, a Class C felony; one count of possession of cocaine; and two counts of passing worthless checks. http://www.tba.org/tba_files/TCCA/LuttrellWF.wpd
STATE OF TENNESSEE VS. MOLLY L. MILES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARY KATHERINE LONGWORTH PAUL G. SUMMERS 303 Cedar Street Attorney General & Reporter P. O. Box 501 Loudon, TN 37774 MARVIN S. BLAIR, JR. (At Trial and On Appeal) Assistant Attorney General 425 Fifth Avenue North PEGGY J. S. MONGER Nashville, TN 37243-0493 303 Cedar Street P. O. Box 501 CHARLES HAWK Loudon, TN 37774 District Attorney General (On Appeal Only) DARYL ROGER DELP JAMES H. SIMPSON Assistant District Attorney General Third National Bank, Suite 300 P. O. Box 626 FRANK A. HARVEY Lenoir City, TN 37771-0626 Assistant District Attorney General (At Trial Only) P. O. Box 703 Kingston, TN 37763-0703 Judge: GLENN First Paragraph: The Loudon County Grand Jury indicted the defendant, Molly L. Miles, for first degree murder in the shooting death of Steven Dotson. She pleaded nolo contendere to voluntary manslaughter, a Class C felony, and was sentenced to four years in the Tennessee Department of Correction as a Range I standard offender. http://www.tba.org/tba_files/TCCA/milesml.wpd
TERRY FRANKLIN STOGDILL, VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: TERRY STOGDILL (pro se) P.O. Box 2000 Wartburg, TN 37887 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General & Reporter CLINTON J. MORGAN Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 WILLIAM PAUL PHILLIPS District Attorney General P.O. Box 10 Huntsville, TN 37756-0010 Judge: WITT First Paragraph: The petitioner, Terry Stogdill, appeals the Claiborne County Criminal Court's dismissal of his petition for post-conviction relief. Stogdill is currently serving an effective twenty year sentence for convictions of rape of a child and incest. State v. Terry Franklin Stogdill, No. 03C01-9507-CC-00188 (Tenn. Crim. App., Knoxville, June 10, 1998), perm. app. denied (Tenn. 1999) (concurring in results only). http://www.tba.org/tba_files/TCCA/Stogdill.wpd
STATE OF TENNESSEE VS. RONALD M. WHITE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JULIE A. RICE PAUL G. SUMMERS P.O. Box 426 Attorney General & Reporter Knoxville, Tennessee 37901-0426 ELIZABETH B. MARNEY MACK GARNER Assistant Attorney General District Public Defender 425 Fifth Avenue North 419 High Street Nashville, Tennessee 37243 Maryville, Tennessee 37804 WILLIAM REED Assistant District Attorney Blount County Courthouse 363 Court Street Maryville, Tennessee 37804 Judge: WALKER First Paragraph: Appellant appeals as of right from the jury verdict finding him guilty of driving under the influence, third offense, and leaving the scene of an accident. http://www.tba.org/tba_files/TCCA/whiterm.wpd
FREDRICK B. ZONGE VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Joe H. Walker Paul G. Summers District Public Defender Attorney General of Tennessee and and Susan Corea Fuller Ellen H. Pollack Assistant District Public Defender Assistant Attorney General Post Office Box 334 425 Fifth Avenue North Harriman, Tennessee 37748-0334 Nashville, Tennessee 37243 J. Scott McCluen District Attorney General Post Office Box 703 Kingston, Tennessee 37763-0703 Judge: TIPTON First Paragraph: The petitioner, Fredrick B. Zonge, appeals as of right from the Morgan County Criminal Court's dismissal of his petition for a writ of habeas corpus. He is presently in the Department of Correction serving an effective thirty-five-year sentence as a Range II offender for his 1994 convictions for especially aggravated kidnapping, especially aggravated burglary, aggravated assault, and theft of property valued at over one thousand dollars. http://www.tba.org/tba_files/TCCA/zongFB.wpd

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