January 13, 2000
Volume 6 -- Number 006

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


THOMAS RICHARD CATE
VS.
CHARLES TOOLEY, d/b/a TOOLEY AUTOMATIC TRANSMISSION SERVICE
Court:TSC - Workers Comp Panel
Attorneys: 
For the Appellant:              For the Appellee:
Richard Baker                   Robert M. Shelor
P.O. Box 31347                  Kristi D. McKinney
Knoxville, Tennessee 37930      Kennerly, Montgomery & Finley, P.C.
                                4th Floor, NationsBank Center
                                P.O. Box 442
                                Knoxville, Tennessee 37901                         

Judge:  PEOPLES

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. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.   The
employee appeals the dismissal of his claim for workers' compensation
benefits.  The trial court found (1) that Thomas Richard Cate was not
acting in the course and scope of his employment with Charles Tooley
d/b/a Tooley Automatic Transmission Service (hereafter "Charles
Tooley") when he was injured, and (2) that Mr. Cate failed to give the
required statutory notice of the injury to his employer.  We affirm.

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



JUDY ANN WALKER VS. KINGSTON WARREN CORPORATION and HARTFORD CASUALTY INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: Lynn C. Peterson James M. Davis Norton & Luhn, P. C. 214 North Jackson Street 550 Main Avenue, Suite 900 Morristown, Tenn. 37814 P. O. Box 2467 Knoxville, Tenn. 37901-2467 Judge: THAYER 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. http://www.tba.org/tba_files/TSC_WCP/walkerja_wc.wpd
STATE OF TENNESSEE VS. RAYMOND PAUL DUNCAN Court:TCCA Attorneys: For the Appellant: For the Appellee: John T. Milburn Rogers John Knox Walkup Jerry Laughlin Attorney General of Tennessee 100 South Main Street and Greeneville, TN 37743 Sandy C. Patrick Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN 37601 Michael Laguardia Assistant District Attorney General P.O. Box 38 Jonesborough, TN 37659 Judge: TIPTON First Paragraph: The defendant, Raymond Paul Duncan, appeals as of right from his conviction upon a guilty plea in the Washington County Criminal Court for voluntary manslaughter, a Class C felony. He was sentenced as a Range I, standard offender to five years confinement to be served in the custody of the Department of Correction.

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