March 13, 2000
Volume 6 -- Number 038

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):
01 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
06 New Opinion(s) from the Tennessee Court of Appeals
02 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

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.

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

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

Lucian T. Pera
Editor-in-Chief, TBALink





Nashville                   Nashville



First Paragraph:

We granted this appeal to address whether a hospital has a legal duty
to obtain the informed consent of a patient undergoing a surgical
procedure ordered and performed by a non-employee doctor.  We hold
that Tenn. Code Ann. S 29-26-118 does not require a hospital to obtain
the informed consent of a patient.  A hospital, however, may assume an
independent legal duty to obtain informed consent under certain
circumstances not present in this case.  The trial court's grant of
the defendant's motion for summary judgment is affirmed, and the case
is remanded.

TERRI ANN ADAMS VS. WILLIAM DAVID COOPER WITH PREVIOUSLY-POSTED CONCURRING OPINION Court:TCA Attorneys: JENNIFER DAVIS ROBERTS 106 CENTER AVENUE P.O. BOX 944 DICKSON, TENNESSEE 37055 ATTORNEY FOR PLAINTIFF/APPELLANT ROBERT L. PERRY, Jr. 102 FREY STREET P.O. BOX 82 ASHLAND CITY, TENNESSEE 37015 ATTORNEY FOR DEFENDANT/APPELLEE Judge: COTTRELL First Paragraph: This case involves a dispute over custody between parents who never married. In January 1997, the trial court herein awarded custody of the couple's two children to Terri Ann Adams ("Mother"), who was then living in Florida with the children. Mother, Father and the children had lived in Tennessee prior to the couple's separation and at the time of the initial requests for custody. CONCURRING OPINION:
BOBBY BLACKMON VS. TENNESSEE BOARD OF PAROLES, et al. Court:TCA Attorneys: BOBBY BLACKMON, #68314 Northwest Correctional Complex, Site II Route 1, Box 660 Tiptonville, Tennessee 38079 Pro Se/Petitioner/Appellant PAUL G. SUMMERS Attorney General and Reporter MARK A. HUDSON Senior Counsel 425 Fifth Avenue North Nashville, Tennessee 37243-0488 Attorney for Respondents/Appellees Judge: CANTRELL First Paragraph: A paroled prisoner who was returned to prison after being arrested on a drug charge petitioned the chancery court for a writ of certiorari. He claimed that the Board of Paroles violated his due process rights by not conducting a timely parole revocation hearing. The trial court dismissed the petition. We affirm the trial court.
MANUFACTURERS CONSOLIDATION SERVICE, INC. and C. O. TURNER, III VS. RICK RODELL, CORNERSTONE SYSTEMS, INC., TIM CLAY, PAT NIEMAN, JERRY RICE, BRUCE HALLMANN, JACK BILLINGSLEY, JIM CHALTAS, GREGG MITCHELL and ANGIE TAYLOR and RICARDO FERNANDEZ, GUY WALLACE and LARRY PRITCHETT Court:TCA Attorneys: Bruce S. Kramer, Jeffrey C. Smith, BOROD & KRAMER, P.C., Memphis, Tennessee Attorneys for Plaintiff/Appellant Manufacturers Consolidation Service, Inc., and Intervening Plaintiff/Appellant C. O. Turner, III. J. Alan Hanover, James R. Newsom, III, HANOVER, WALSH, JALENAK & BLAIR, PLLC, Memphis, Tennessee Attorneys for Defendants/Appellants Ricardo Fernandez, Guy Wallace and Larry Pritchett and for Defendants/Appellees Rick Rodell, Cornerstone Systems, Inc., Tim Clay, Pat Nieman, Jerry Rice, Bruce Hallmann, Jack Billingsley, Jim Chaltas, Gregg Mitchell and Angie Taylor. Judge: FARMER First Paragraph: In this consolidated appeal, the parties ask this court to review three separate orders of the trial court. Plaintiff Manufacturers Consolidation Service, Inc. (MCS), appeals the trial court's order dismissing its claims against Rick Rodell, Cornerstone Systems, Inc., and other named Defendants who are former employees of MCS. In the same order, the trial court dismissed the claims of Intervening Plaintiff C.O. Turner, III, against Defendant Rick Rodell, and Turner has appealed this order, as well as a later order of the trial court which granted Rodell's motion for summary judgment on a counterclaim against Turner. Finally, three of the individual Defendants, Ricardo Fernandez, Guy Wallace, and Larry Pritchett, appeal the trial court's order denying their motions to dismiss for lack of personal jurisdiction. We reverse the trial court's order of dismissal to the extent that it dismissed MCS's claims against the Defendants, and we reverse the trial court's order granting Rodell's motion for summary judgment against Turner; however, we affirm the trial court's orders in all other respects.
DAVID PIKE d/b/a REALTY PARTNERS VS. JOHN MAHER BUILDERS, INC. Court:TCA Attorneys: Joseph F. Rosenberg, Nashville, Tennessee Attorney for Plaintiff/Appellant. Tom Corts, John C. Rochford, ORTALE, KELLEY, HERBERT & CRAWFORD, Nashville, Tennessee Attorneys for Defendant/Appellee. Judge: FARMER First Paragraph: In this action for breach of contract, Plaintiff David Pike d/b/a Realty Partners ("Mr. Pike") appeals an order of the trial court dismissing his complaint against Defendant John Maher Builders, Inc. ("Mr. Maher"). For the reasons set forth below, the ruling of the trial court is affirmed in part, reversed in part, and remanded.
WILLIAM J. REVIS VS. GRAHAM J. MCCLEAN, QUEBECOR PRINTING (USA) CORP., BILL MAHONEY and QUEBECOR PRINTING DICKSON, INC. Court:TCA Attorneys: ANN BUNTIN STEINER 214 Second Avenue North Nashville, Tennessee 37201-1644 Attorney for Plaintiff/Appellant W. STEPHEN GARDNER HEATHER R. GUNN One Commerce Square, Suite 2380 Memphis, Tennessee 38103 Attorneys for Defendants/Appellees Judge: CANTRELL First Paragraph: In this defamation action, the appellant filed suit against Quebecor Printing (USA) Corporation, Graham McClean, the President and Chief Operating Officer of the corporation, Quebecor Printing Dickson, Incorporated, and Bill Mahoney, the General Manager of Quebecor Dickson, for alleged defamatory statements made by Mr. McClean at a company meeting and in a letter posted in the Dickson plant. In granting the appellee's motion for summary judgment, the trial court found that the statements were not defamatory as a matter of law and that there was no publication of such statements under the law of defamation. For the reasons stated, we find the statements were not defamatory and affirm the judgment of the trial court.
MARJORIE ELNORA SPANGLER and husband THOMAS SPANGLER VS. EAST TENNESSEE BAPTIST HOSPITAL, a/k/a BAPTIST HEALTH SYSTEM, J. MICHAEL MCCOY, D.D.S. P.C., d/b/a UNIVERSITY ORAL SURGEONS, JAMES E. GLEAVES, JR., M.D., and T. PRESTON SHEPHERD, d/b/a KNOXVILLE UROLOGY CLINIC, P.C. Court:TCA Attorneys: J. MIKEL DIXON, Knoxville, for Plaintiffs-Appellants. R. FRANKLIN NORTON, GARY G. SPANGLER and CATHERINE B. COFFEY, NORTON & LUHN, P.C., Knoxville, for Defendant-Appellee Baptist Hospital of East Tennessee, Inc. DARRELL E. BAKER, JR. and DEBORAH WHITT BAKER, BAKER & WHITT, PLLC, Memphis, for Defendant-Appellee J. Michael McCoy, D.D.S. J. DOUGLAS OVERBEY and CYNTHIA K. MANCEBO, ROBERTSON, INGRAM & OVERBEY, Knoxville, for Defendant-Appellee James E. Gleaves,Jr., M.D. EDWARD G. WHITE and B. CHASE KIBLER, HODGES DOUGHTY & CARSON, Knoxville, for Defendant-Appellee, T. Preston Shepherd. Judge: FRANKS First Paragraph: In this action for medical malpractice, the Trial Judge granted all defendants summary judgments, after ruling that plaintiffs' expert was not qualified to testify as a medical expert witness in this case.
STATE OF TENNESSEE VS. KAWASKI DEVEL TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HAROLD R. GUNN PAUL G. SUMMERS P.O. Box 444 Attorney General and Reporter Humboldt, TN 38343 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 CLAYBURN PEEPLES District Attorney General 110 College Street, Suite 200 Trenton, TN 38382 Judge: WELLES First Paragraph: The Defendant, Kawaski Devel Taylor, seeks to appeal as of right from an order of the trial court denying a motion to set aside his guilty plea. Because we conclude that this issue is not properly before us, we dismiss that part of the appeal. We affirm the Defendant's sentence for second degree murder.
STATE OF TENNESSEE VS. JERRY WAYMAN TRAVIS Court:TCCA Attorneys: For Appellant: For Appellee: Teresa McCaig Marshall Paul G. Summers Attorney Attorney General and Reporter 308 W. Washington Street Paris, TN 38242 J. Ross Dyer Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 Robert "Gus" Radford District Attorney General Twenty-Fourth Judicial District P.O. Box 686 Huntingdon, TN 48344 Beth Boswell and Steve Garrett Assistant District Attorney General Camden, TN 38320 Judge: WADE First Paragraph: The defendant, Jerry Wayman Travis, was found guilty of selling a Schedule II controlled substance. Tenn. Code Ann. S 39-17-417(a). The trial court imposed a Range I sentence of three years, ordered a six-month period of continuous confinement, and directed that the balance of the sentence be served in a community corrections program. A fine of $2,000 was imposed.

Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

See the intrsuctions at the beginning of this edition of Opinion Flash.

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:

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:
2) In the SUBJECT of the message type:
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to:
2) In the SUBJECT of the message type:
3) Leave the body of the message blank


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

© Copyright 2000 Tennessee Bar Association