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February 22, 2000
Volume 6 -- Number 027
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.
- This Issue (IN THIS ORDER):
-
| 03 |
New Opinion(s) from the Tennessee Supreme Court |
| 00 |
New Opinion(s) from the Tennessee Supreme Court Workers' Compensation
Panel |
| 01 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme
Court |
| 07 |
New Opinion(s) from the Tennessee Court of Appeals |
| 05 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 00 |
New Opinion(s) from the Tennessee Attorney General (PDF format)
|
| 00 |
New Judicial Ethics Opinion(s) |
| 00 |
New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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-
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will allow you to download the original document.
Lucian T. Pera
Editor-in-Chief, TBALink
MICHAEL C. GLEAVES
VS.
CHECKER CAB TRANSIT CORPORATION, INC.
Court:TSC
Attorneys:
For Appellant: For Appellee:
WILLIAM D. LEADER, JR. STEVEN D. PARMAN
JULIE C. MURPHY MATTHEW A. BOYD
Nashville, TN Nashville, TN
Judge: BIRCH
First Paragraph:
We granted this appeal in order to determine whether S 6.72.210 of the
Code of the Metropolitan Government of Nashville and Davidson County
(Metro. Code) and the required Taxicab Liability Insurance Agreement
(Agreement) impose liability upon Checker Cab Transit Corporation,
Inc. (Checker) for injuries to a third party caused by the negligence
of one of Checker's contract drivers who was "off-duty" at the time of
the incident. Because we find that the ordinance and the Agreement
impose liability on the taxicab company regardless of the status
(on-duty/off-duty) of the driver, the decision of the Court of
Appeals is reversed, and the judgment entered by the trial court is
reinstated.
http://www.tba.org/tba_files/TSC/Gleavesm.wpd
EARL McCOY
VS.
T.T.C.. ILLINOIS INCORPORATED
Court:TSC
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
G. Brent Burks James T. Williams
McMAHAN & ASSOCIATES W. Anthony Hullender
Chattanooga, Tennessee Chattanooga, Tennessee
Judge: DROWOTA
First Paragraph:
In this worker's compensation action, the employee, Earl McCoy
("McCoy"), appeals from a judgment of the Chancery Court of Hamilton
County which awarded him forty-five percent permanent partial
disability benefits to the body as a whole but held that the employer,
T.T.C. Incorporated of Illinois ("TTC") was entitled to an offset
against the worker's compensation award in an amount equal to one-half
of McCoy's monthly Social Security old age insurance benefit payments.
http://www.tba.org/tba_files/TSC/mccoye.wpd
PAUL D. SMITH
VS.
U.S. PIPE & FOUNDRY CO.
and
LARRY BRINTON, Director of the Division of Workman's Compensation
TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND
Court:TSC
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant
Paul D. Smith U.S. Pipe & Foundry Company
ROBINSON & ASSOCIATES THE FLEISSNER FIRM
Samuel F. Robinson, Jr. Phillip A. Fleissner
Keith A. Black David C. Nagle
Chattanooga, Tennessee Chattanooga, Tennessee
For the Defendant/Appellee
Second Injury Fund
Paul G. Summers
Attorney General & Reporter
E. Blaine Sprouse
Assistant Attorney General
Nashville, Tennessee
Kathleen W. Stratton
Assistant Attorney General
Nashville, Tennessee
Judge: DROWOTA
First Paragraph:
We granted the motion for review in this worker's compensation action
to consider the following two issues: (1) whether the employer is
entitled to an offset against the workers' compensation award of
scheduled member benefits in an amount equal to fifty percent of the
Social Security old age insurance benefits received by the employee;
and (2) whether permanent total disability benefits begin accruing on
the date of injury or on the date of maximum medical improvement.
http://www.tba.org/tba_files/TSC/smithpaul.wpd
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0222.wpd
ANJUM D. ALI
VS.
PROFESSIONAL REAL ESTATE DEVELOPERS, INC.
VS.
MIR AHMED IFTEKAR ALI
Court:TCA
Attorneys:
Stewart F. Kresge, Nashville, Tennessee
Attorney for Plaintiff/Counter-Defendant/Appellant.
Marshall L. Hix,
James David Nave,
HIX GRAY & NAVE, PLLC, Nashville, Tennessee
Attorneys for Defendant/Counter-Plaintiff/Third Party
Plaintiff/Appellee.
Judge: FARMER
First Paragraph:
In this action to determine the rights of the parties with respect to
a piece of real property located at 736 McGavock Pike in Nashville,
Tennessee ("the McGavock property"), the trial court declared that
Defendant Professional Real Estate Developers, Inc. ("PRD") is the
owner of the disputed real property in fee simple and ordered
Plaintiff Anjum D. Ali and Third Party Defendant Mir Ahmed Iftekar Ali
to pay PRD damages in the amount of $10,000.00. For the reasons set
forth below, we affirm the ruling of the trial court.
http://www.tba.org/tba_files/TCA/Aliad.wpd
DONALD JAMES ALEXANDER
VS.
CAROLYN PAXTON ALEXANDER
Court:TCA
Attorneys:
For Appellant For Appellee
GLENNA M. RAMER PHILLIP C. LAWRENCE
Chattanooga, Tennessee Lawrence, Lawrence & Gerbitz, PLLC
Chattanooga, Tennessee
Judge: SUSANO
First Paragraph:
This is a post-divorce case that presents numerous and difficult
questions relating to the interpretation and application of the Child
Support Guidelines ("Guidelines") promulgated by the Department of
Human Services, Child Support Services Division, pursuant to the
authority of T.C.A. S 36-5-101(e)(2). The original defendant, Carolyn
Paxton Morrow ("Mother") -- formerly Alexander -- filed a petition on
September 4, 1997, seeking an increase in the general child support
obligation of her former husband, Donald James Alexander ("Father").
http://www.tba.org/tba_files/TCA/alxnderdj.wpd
ESTATE OF: CONNIE S. BLIGH, Decedent
MICHAEL S. BLIGH, Executor
VS.
LURANA SNIDER
Court:TCA
Attorneys:
MICHAEL BRIEN BLIGH
392 Harding Place, Suite 215
Nashville, Tennessee 37211
Attorney for Plaintiff/Appellant
PAUL R. WHITE
Suite 400, Washington Square
214 Second Avenue North
Nashville, Tennessee 37201
Attorney for Defendant/Appellee
Judge: CANTRELL
First Paragraph:
This is an action by the executor of an estate to collect two loans
made by the decedent to the defendant and to recover the funds
represented by a certificate of deposit withdrawn by the defendant
before the decedent's death. The Probate Court of Davidson County
held that the loans had been repaid and that the certificate of
deposit represented a gift to the defendant. We affirm.
http://www.tba.org/tba_files/TCA/blighcs.wpd
NEIL PRICE
VS.
TONI PRICE
Court:TCA
Attorneys:
JAMES G. MARTIN, III
GREGORY D. SMITH
Farris, Warfield & Kanaday
424 Church Street, Suite 1900
Nashville, Tennessee 37219
ATTORNEY FOR PLAINTIFF/APPELLANT
ROBERT L. JACKSON
STANLEY A. KWELLER
Jackson, Kweller, McKinney & Badger
One Washington Square, Suite 103
214 Second Avenue North
Nashville, Tennessee 37201
ATTORNEYS FOR DEFENDANT/APPELLEE
Judge: CAIN
First Paragraph:
This case involves the dissolution of a seventeen-year long marriage.
The parties have raised on appeal issues involving spousal support,
child support, their partial marital dissolution agreement and
attorney fees. Upon a review of the record and the relevant law, we
find that the decision of the trial court should be reversed in part
and affirmed in part.
http://www.tba.org/tba_files/TCA/pricen.wpd
KIMBERLY ROSS
VS.
VANDERBILT UNIVERSITY MEDICAL CENTER
Court:TCA
Attorneys:
JOE BEDNARZ, SR.
JOE BEDNARZ, JR.
Bednarz & Bednarz
Suite 1400, Parkway Towers
404 James Robertson Parkway
Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLANT
STEVEN E. ANDERSON
ANNE E. S. HAMER
Bass, Berry & Sims
2700 First American Center
Nashville, Tennessee 37238-2700
ATTORNEYS FOR DEFENDANT/APPELLEE
Judge: CAIN
First Paragraph:
The issues in this case are based upon the trial court's charge to the
jury involving the sudden emergency doctrine. On appeal, we find no
error in the jury instructions. Accordingly, we affirm the decision
of the trial court in all respects.
http://www.tba.org/tba_files/TCA/rosskimb.wpd
KEN STEPHENS
VS.
ROANE STATE COMMUNITY COLLEGE
Court:TCA
Attorneys:
JERROLD L. BECKER
SAMUEL W. BROWN
BECKER, THOMFORDE, BROWN, KNIGHT & HESTER, P.C.
P.O. BOX 1710
KNOXVILLE, TENNESSEE 37901-1710
ATTORNEYS FOR PETITIONER/APPELLANT
PAUL G. SUMMERS
ATTORNEY GENERAL
WILLIAM J. MARETT, JR.,
ASSISTANT ATTORNEY GENERAL
CORDELL HULL BUILDING
525 5TH AVENUE, NORTH
NASHVILLE, TENNESSEE 37243
ATTORNEYS FOR RESPONDENT/APPELLEE
Judge: COTTRELL
First Paragraph:
Appellant Ken Stephens is a tenured professor at Appellee Roane State
Community College ("Roane State") who was suspended for six months
without pay for violating the sexual harassment policies of the
Tennessee Board of Regents and Roane State. Professor Stephens seeks
appellate review of the trial court's affirmance of the administrative
decision to suspend him. Because the trial court reviewed this case
by applying the judicial review standards provided under the Uniform
Administrative Procedures Act ("UAPA"), Tenn. Code Ann. S 4-5-101, et
seq., rather than the more specific provisions of Tenn. Code Ann. S
49-8-304, we vacate its decision and remand this case.
http://www.tba.org/tba_files/TCA/stephensk.wpd
NIKOLAS DEAN WELCH, Minor,
CHANNON MARIE TUCKER WELCH and Husband, MICHAEL TODD WELCH
VS.
JIMMY D. HILL
Court:TCA
Attorneys:
TIMOTHY V. POTTER
102 Highway 70 East, Unit 1
P. O. Box 66
Dickson, Tennessee 37056
ATTORNEY FOR PLAINTIFFS/APPELLANTS
JEFFREY L. LEVY
First American Center, 20th Floor
315 Deaderick Street
Nashville, Tennessee 37238-2075
ATTORNEY FOR DEFENDANT/APPELLEE
Judge: CAIN
First Paragraph:
This case involves a mother's petition to terminate the parental
rights of a father. Channon Marie Tucker Welch and Jimmy D. Hill are
the biological parents of Nikolas Dean Hill. Ms. Welch and her
husband, Michael Todd Welch, appeal from the refusal of the chancery
court to terminate the parental rights of Mr. Hill.
http://www.tba.org/tba_files/TCA/welchcmt.wpd
STATE OF TENNESSEE
VS.
SHANNON BENEDICT
Court:TCCA
Attorneys:
For Appellant For Appellee
Frank J. Runyon, III Paul G. Summers
Runyon & Runyon, PLLC Attorney General and Reporter
301 Main Street 425 Fifth Avenue North
Clarksville, TN 37040 Nashville, TN 37243-0493
Mark E. Davidson
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Judge: OGLE
First Paragraph:
The appellant, Shannon Benedict, appeals the sentences imposed by the
Stewart County Circuit Court pursuant to his pleas of guilt on May 20,
1998, to the offenses of aggravated burglary and theft. Following a
sentencing hearing on September 29, 1998, the trial court sentenced
the appellant as a standard, Range I offender, to five years
incarceration for the aggravated burglary conviction and two years
incarceration for the theft conviction. The trial court further
ordered consecutive service of the sentences. On appeal, the
appellant challenges the length of his sentences.
http://www.tba.org/tba_files/TCCA/benedictsh.wpd
ROBERT W. BREEDEN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Albert J. Newman, Jr. Paul G. Summers
Attorney Attorney General and Reporter
Suite 500, Burwell Building
602 South Gay Street R. Stephen Jobe
Knoxville, TN 37902 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Robert L. Jolley, Jr.
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge: WADE
First Paragraph:
The petitioner, Robert W. Breeden, appeals the trial court's dismissal
of his petition for post-conviction relief. In this appeal of right,
the single issue presented for review is whether the petitioner was
denied the effective assistance of counsel at trial.
http://www.tba.org/tba_files/TCCA/Breedenrb.wpd
THOMAS ALLEN CLARK
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Albert J. Newman, Jr. Paul G. Summers
Attorney Attorney General and Reporter
Suite 500, Burwell Building
602 South Gay Street R. Stephen Jobe
Knoxville, TN 37902 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Robert L. Jolley
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge: WADE
First Paragraph:
The petitioner, Thomas Allen Clark, appeals the trial court's denial
of post-conviction relief. The single issue presented for review is
whether the petitioner was denied the effective assistance of counsel.
http://www.tba.org/tba_files/TCCA/Clarkta.wpd
STATE OF TENNESSEE
VS.
WALTER PATRICK DOOLEY
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
BRANDT DAVIS PAUL G. SUMMERS
1707 Cove Creek Attorney General & Reporter
Knoxville, TN 37919
MARVIN S. BLAIR, JR.
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
RANDALL E. NICHOLS
District Attorney General
ROBERT JOLLEY
Assistant District Attorney
City-County Building
Knoxville, TN 37902
Judge: SMITH
First Paragraph:
A Knox County jury convicted the appellant, Walter Patrick Dooley, of
one (1) count of second degree murder. The trial court sentenced him
as a Repeat Violent Offender to life imprisonment without parole.
http://www.tba.org/tba_files/TCCA/dooleypatrick.wpd
STATE OF TENNESSEE
VS.
DONALD WAYNE MARSHALL
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Stephen M. Wallace Paul G. Summers
District Public Defender Attorney General of Tennessee
and and
Gale K. Flanary Michael J. Fahey, II
Assistant Public Defender Assistant Attorney General of Tennessee
Post Office Box 839 425 Fifth Avenue North
Blountville, TN 37617-0839 Nashville, TN 37243
(AT TRIAL)
H. Greeley Welles, Jr.
Mark H. Toohey District Attorney General
158 Cherokee Street and
Kingsport, TN 37660 Barry P. Staubus
(ON APPEAL) Assistant District Attorney
and
Gregory A. Newman
Assistant District Attorney
Post Office Box 526
Blountville, TN 37617-0526
Judge: TIPTON
First Paragraph:
The defendant, Donald Wayne Marshall, appeals as of right from his
conviction by a jury in the Sullivan County Criminal Court for
aggravated rape, a Class A felony. The defendant was sentenced as a
Range II, multiple offender to forty years confinement in the custody
of the Department of Correction.
http://www.tba.org/tba_files/TCCA/marshalldw.wpd
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