January 25, 2000
Volume 6 -- Number 011

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
05 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

						
						
VERMONT MUTUAL INSURANCE COMPANY
VS.
MARTA CHIU

and

FIRST TENNESSEE NATIONAL CORPORATION (HOLDING COMPANY FOR FIRST
TENNESSEE BANK) NATIONAL ASSOCIATION and COMMERCIAL CREDIT PLAN,
INCORPORATED

Court:TCA

Attorneys:  


For Appellant                  For Appellee

JAMES R. WHEELER               M. STANLEY GIVENS
Cheek & Wheeler, PLC           Anderson, Fugate, Givens & Belisle
Johnson City, Tennessee        Johnson City, Tennessee  
                        

Judge: SUSANO

First Paragraph:

This declaratory judgment action was filed by Vermont Mutual Insurance
Company ("Vermont Mutual") against its insured, the defendant Marta
Chiu ("Chiu").  It was prompted by Chiu's filing of a claim following
a fire loss at her house.  A jury found that Chiu had made material
misrepresentations in her application for a homeowner's insurance
policy; however, the jury found that these misrepresentations were not
made with an intent to deceive.  The trial court then found that there
was insufficient evidence that Chiu's misrepresentations had increased
Vermont Mutual's risk of loss pursuant to T.C.A. S 56-7-103;
accordingly, the trial court found that Chiu's loss was covered under
the policy.  Vermont Mutual appeals, contending that the trial court
erred in finding that there was not an increase in the risk of loss as
a consequence of Chiu's misrepresentations.  We reverse.

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





KELLY RENEE TROUT CONNELL
VS.
BRIAN SUTHERLAND CONNELL

Court:TCA

Attorneys: 

For Appellant                 For Appellee

WILLIAM H. HORTON             SELMA CASH PATY
Horton, Maddox                Chattanooga, Tennessee
 & Anderson, PLLC    
Chattanooga, Tennessee                         

Judge: SUSANO

First Paragraph:

This is a post-divorce proceeding that addresses the custody of Chase
Sutherland Connell ("Chase") (DOB: July 11, 1990) and Dalis Paige
Connell ("Dalis") (DOB: May 16, 1992).  The custodial parent, Kelly
Renee Trout Connell ("Mother"), filed a motion seeking the trial
court's permission to move to California with the children.  Their
father, Brian Sutherland Connell ("Father"), resisted Mother's motion
and also filed a petition seeking a change of custody.  The trial
court granted Mother's request and, following a later hearing, denied
Father's petition, finding that Father had failed to prove a change of
circumstances warranting a change of custody.  Father appeals from
both orders, arguing that the trial court erred (1) in permitting
Mother to move with the children; and (2) in finding that he had
failed to prove a change of circumstances such as to require a change
in custody.  We affirm.

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





DON L. CULBREATH
VS.
FIRST TENNESSEE BANK NATIONAL ASSOCIATION

Court:TCA

Attorneys:   

Leo Bearman, Jr.,
John C. Speer,
Michael C. Patton,
BAKER, DONELSON, BEARMAN & CALDWELL, P.C., Memphis, Tennessee
Attorneys for Defendant/Counter-Plaintiff/Appellant



Seymour Rosenberg, 
LAW OFFICES OF SEYMOUR S. ROSENBERG, Memphis, Tennessee
R. Sadler Bailey,
Andrew M. Clarke,
C. Philip M. Campbell,
BAILEY & CLARKE, Memphis, Tennessee
Attorneys for Plaintiff/Counter-Defendant/Appellee                       

Judge: FARMER

First Paragraph:

This cause of action stems from the events leading to the execution of
a $150,000 loan and the assignment of a deed of trust to secure the
loan.  In the bifurcated trial below, the trial court entered judgment
against the defendant for $209,156 in compensatory damages and $9
million in punitive damages.  We affirm the award of compensatory
damages and reverse the award of punitive damages.

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





DAVID W. KENT
VS.
EDWARDS & ASSOCIATES, INC., AERONAUTICAL ACCESSORIES, INC., 
AERONAUTICAL PLASTICS, INC., AERONAUTICAL ROTOR BLADES, 
INC., GLORIA M. WOLFE, EXECUTRIX OF THE ESTATE OF JAMES A. WOLFE,
and ROBERT B. McNAB

Court:TCA

Attorneys: 

For the Appellant:              For the Appellees:
Cecil W. Laws, Kingsport        Robert D. Van de Vuurst, Johnson City
Franklin L. Slaughter, Bristol  Alice K. Corker, Johnson City
                                Carl McAfee, Norton, Virginia                         

Judge: SWINEY

First Paragraph:

This is an appeal by David W. Kent ("Plaintiff") under T.R.A.P. Rule 9
alleging error in the Trial Court's ruling on a Motion for Summary
Judgment filed by Defendants/Appellees, related corporations and two
individuals who were the shareholders, directors and officers of the
companies.  Plaintiff was an employee of one or more of the Defendant
companies, and filed suit after his employment was terminated for
outrageous conduct, interference with employment contract, conspiracy
to interfere with employment contract, retaliatory discharge, and
conspiracy relating to retaliatory discharge.

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





MARSHA McDONALD
VS.
SAMUEL CLINTON COWAN

Court:TCA

Attorneys: 

STEPHEN R. LEFFLER
Memphis, Tennessee
Attorney for Appellant

STEVAN L. BLACK
VICKIE HARDY JONES
Memphis, Tennessee
Attorneys for Appellee                         

Judge: HIGHERS

First Paragraph:

Samuel Cowan appeals from two orders of the Circuit Court of Shelby
County which set the amount of child support arrearages owed by Mr.
Cowan.  For the reasons stated herein, we vacate the judgment of the
trial court and remand the case for further proceedings.

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





STATE OF TENNESSEE
VS.
JOHN MICHAEL BANE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:      FOR THE APPELLEE:

JOSEPH S. OZMENT        PAUL G. SUMMERS
369 Main Street         Attorney General and Reporter
Memphis, TN 38103                                   
                        AMY L. TARKINGTON
Charles S. Kelly        Assistant Attorney General
802 Troy Avenue         425 Fifth Avenue North
Dyersburg, TN 38025     Nashville, TN 37243
                        
                        WILLIAM L. GIBBONS
                        District Attorney General
                            
                        THOMAS D. HENDERSON 
                        KEVIN R. RARDIN
                        Assistant District Attorneys General
                        Criminal Justice Complex, Suite 301
                        201 Poplar Avenue
                        Memphis, TN 38103                        

Judge: WELLES

First Paragraph:

This is an appeal from a new sentencing hearing ordered by the
Tennessee Supreme Court.  The appellant was originally convicted of
murder during the perpetration of a robbery.  The jury sentenced the
appellant to death, finding that the murder was especially heinous,
atrocious or cruel and that the murder was committed during the
perpetration of a felony.

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





WALTER BLAIR
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:


PAMELA J. DREWERY           PAUL G. SUMMERS
102 E. Baltimore, Ste 121   Attorney General & Reporter
Jackson, TN   38301
                            R. STEPHEN JOBE
                            Asst. Attorney General
                            425 Fifth Ave. North        
                            Nashville, TN  37243-0493
                
                            CLAYBURN L. PEEPLES
                            District Attorney General

                            LARRY HARDISTER
                            Asst. District Attorney General
                            110 College St., Suite 200
                            Trenton, TN   38382                         

Judge: PEAY

First Paragraph:

The petitioner, Walter Blair, pled guilty to second-degree murder.  As
part of the plea agreement, he was sentenced as a Range III persistent
offender to forty-five years; absent the plea agreement, petitioner
would have been classified as a Range I offender.  Petitioner filed
for post-conviction relief, which was denied after a hearing.

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

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