March 29, 2000 Volume 6 -- Number 048 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 01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 10 New Opinion(s) from the Tennessee Court of Appeals 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 07 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 KATHY MAE PERRY VS. TENNESSEE DISTRIBUTION, INC. Court:TSC Attorneys: For the Appellant: For the Appellee: Steven C. Rose Howell H. Sherrod, Jr. P. O. Box 1404 249 East Main Street Kingsport, TN 37662 Johnson City, TN 37604-5707 Judge: CATE 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/perry.wpd JAMES G. SPEARS VS. PATHWAY BELLOWS, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: James T. Shea, IV Roger L. Ridenour P. O, Box 1708 P. O. Box 530 Knoxville, TN 37901-1708 Clinton, TN 37717-0530 Judge: CATE 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/spears.wpd ALI AL-FATLAWY VS. CHICAGO INSURANCE COMPANY Court:TCA Attorneys: For Appellant For Appellee O. WADE NELSON TERRY R. CLAYTON Smith & Cashion, PLC Nashville, Tennessee Nashville, Tennessee Judge: SUSANO First Paragraph: We granted the Rule 9, T.R.A.P., application of Chicago Insurance Company ("the Insurance Company") in order to determine if the trial court erred when it denied the Insurance Company's motion to dismiss. We find and hold that the Insurance Company is entitled to summary judgment. Accordingly, we reverse the judgment below and remand to the trial court for the entry of an order dismissing the plaintiff's complaint to the extent that it seeks to recover against the Insurance Company. http://www.tba.org/tba_files/TCA/alfatlawya.wpd RONALD L. DAVIS VS. WARDEN FLORA J. HOLLAND, ASSOCIATE WARDEN DAVID RUSSELL, CLASSIFICATION COORDINATOR BOB ERVIN, JOB COORDINATOR CHARLES D. SZOSTECKI, WARDEN RICKY BELL, COMMISSIONER DONAL CAMPBELL, ASSISTANT COMMISSIONER CHARLES BASS, AND CLASSIFICATION DIRECTOR HOWARD COOK, Court:TCA Attorneys: FOR APPELLANT: FOR APPELLEES: RONALD L. DAVIS, PRO SE PAUL G. SUMMERS Turney Center Industrial Farm Attorney General & Reporter Route 1 Only, Tennessee 37140-9709 PAMELA S. LORCH Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 Judge: CANTRELL First Paragraph: A prisoner in the custody of the Department of Correction claimed that numerous employees of the Department violated his constitutional rights by refusing to assign him to a position as an inmate legal advisor. The trial court dismissed his claim for failure to pay the legal costs assessed against him in an earlier case. We affirm. http://www.tba.org/tba_files/TCA/davisrl.wpd ROBERT ALLEN FAHEY VS. FABIEN ELDRIDGE and ELDRIDGE AUTO SALES, INC. Court:TCA Attorneys: William Edward Farmer, Lebanon, Tennessee, Attorney for Plaintiff/Appellee. Chantel M. Eldridge and Samuel J. Harris, Cookeville, Tennessee, Attorneys for Defendants/Appellants. Judge: INMAN First Paragraph: A jury awarded the plaintiff substantial compensatory and punitive damages for personal injuries sustained by him during a violent altercation with the defendant Fabien Eldridge, whose employer, Eldridge Auto Sales, Inc. was also held liable under the doctrine of respondeat superior. Both defendants appeal, and present various issues for review, none of which we may consider because the motions for a new trial do not specify the grounds relied upon. http://www.tba.org/tba_files/TCA/fahey.wpd JOHNIE N. GIBSON VS. DOUGLAS TRANT and JERRY CUNNINGHAM Court:TCA Attorneys: BRUCE E. PASHLEY 436 Cove Drive Marietta, GA 30067 GERALD CHARLES RUSSELL 338 High Street Hightower Professional Office Maryville, Tennessee 37804 ATTORNEYS FOR PLAINTIFF/APPELLANT JEFFREY ALLEN WOODS 550 West Main Avenue Post Office, Box 2467 Knoxville, Tennessee 37901-2467 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: INMAN First Paragraph: This is a legal malpractice action, arising from an underlying criminal conviction. The plaintiff pleaded guilty in the U. S. District Court at Knoxville in 1989 to one count of a 103-count indictment charging a violation of federal drug laws. http://www.tba.org/tba_files/TCA/gibson.wpd STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES VS. SAMIKO MICHELLE HUNTER Court:TCA Attorneys: FOR APPELLEE: FOR APPELLANT: PAUL G. SUMMERS THOMAS H. MILLER Attorney General & Reporter Franklin, Tennessee ELIZABETH C. DRIVER Assistant Attorney General Nashville, Tennessee Judge: CANTRELL First Paragraph: The juvenile court terminated the parental rights of a mother of two minor children. The mother admitted that grounds for termination had been proven in the trial court by clear and convincing evidence, but argued that it was not in the children's best interests that her rights be terminated. We affirm the trial court. http://www.tba.org/tba_files/TCA/huntersm.wpd STATE OF TENNESSEE, ex rel VS. KEITH GEORGE JACKSON Court:TCA Attorneys: Paul G. Summers Attorney General & Reporter Douglas Earl Dimond Assistant Attorney General Nashville, TN Attorney for Tonya Renee Jackson Keith George Jackson, pro se Murfreesboro, TN Judge: HIGHERS First Paragraph: This appeal arises from a petition to reduce child support filed in the Circuit Court of Williamson County. The trial court denied the petition, and for the reasons stated herein, we affirm that decision. http://www.tba.org/tba_files/TCA/jacksontonya.wpd ANN KING, TAMARA LITTLE and BRIAN LITTLE VS. DANEK MEDICAL, INC. and WARSAW ORTHOPEDIC, INC. Court:TCA Attorneys: ROY F. AMEDEE, JR., LaPlace, Louisiana LISA JUNE COX, Jackson, Tennessee Attorneys for Plaintiffs/Appellants SAM B. BLAIR, JR., Memphis, Tennessee MURRAY LEVIN, Philadelphia, Pennsylvania GEORGE LEHNER, Washington, D.C. Attorneys for Defendants/Appellees Judge: GLENN First Paragraph: The plaintiffs, Tamara Little, her husband, Brian Little, and Ann King brought this action against the defendants, Danek Medical, Inc. and Warsaw Orthopedic, Inc., alleging liability for the spinal system devices utilizing pedicle screws manufactured by the defendants. The Shelby County Circuit Court granted summary judgment as to the product liability claims and motions to dismiss as to the negligence per se claims. http://www.tba.org/tba_files/TCA/KINGA.wpd VALERIE ANN POOLE VS. CITY OF CHATTANOOGA, Court:TCA Attorneys: HERBERT A. THORNBURY, POOLE, THORNBURY, MORGAN & RICHARDSON, Chattanooga, for Amicus Curiae. KENNETH O. FRITZ and MICHAEL A. McMAHAN, City Attorney's Office, Chattanooga, for Defendant-Appellant. Judge: FRANKS First Paragraph: The City of Chattanooga ("City") appeals from the Trial Court's grant of a writ of habeas corpus to petitioner, Valerie Ann Poole. http://www.tba.org/tba_files/TCA/poolev.wpd ELVIN DWAYNE ROBINSON VS. NISSAN MOTOR MANUFACTURING CORPORATION, U.S.A., Court:TCA Attorneys: JOE BEDNARZ, JR, Suite 1400, Parkway Towers 440 James Robertson Parkway Nashville, Tennessee 37219 Attorney for Plaintiff/Appellant LARRY G. TRAIL, 107 North Maple Street, Murfreesboro, Tennessee 37130 Attorney for Defendant/Appellee Judge: INMAN First Paragraph: This is an action for damages for asserted discharge from employment in retaliation for filing a workers' compensation suit. The motion of the defendant for summary judgment was granted. This appeal followed. The sole issue is whether summary judgment was properly granted. http://www.tba.org/tba_files/TCA/robinson.wpd DONNIE FRANKLIN WHEELER VS. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: MICHAEL J. PASSINO 213 Fifth Avenue, North Nashville, Tennessee 37219 Attorney for Petitioner/Appellant PAUL G. SUMMERS Attorney General & Reporter JOHN R. MILES c/o Attorney General & Reporter 425 Fifth Avenue North Nashville, Tennessee 37243-0488 Attorney for Respondent/Appellee Judge: CANTRELL First Paragraph: A prisoner sentenced to life imprisonment for armed robbery escaped from custody and subsequently committed two felonies. After he was recaptured, the Department of Correction declared that he would have to serve the remainder of his life sentence without parole, in accordance with the provisions of Tenn. Code. Ann. S 40-28-123(b). The prisoner filed a petition for a declaratory judgment, arguing among other things that the application of the statute to his sentence was a violation of the ex-post facto prohibition. The trial court dismissed the petition. We affirm. http://www.tba.org/tba_files/TCA/wheelerdf.wpd Authority of Law Enforcement Officers to make Misdemeanor Arrests. Date: March 20, 2000 Opinion Number: 00-048 http://www.tba.org/tba_files/AG/OP48.pdf Home Schooling -- Parents'/Legal Guardians' Notification of Director of Schools by August 1 Date: March 20, 2000 Opinion Number: 00-049 http://www.tba.org/tba_files/AG/OP49.pdf Franklin County Constables Date: March 20, 2000 Opinion Number: 00-050 http://www.tba.org/tba_files/AG/OP50.pdf Sentence Credits pursuant to Tenn. Code Ann. S41-2-111 for inmates in county jails or workhouses Date: March 20, 2000 Opinion Number: 00-051 http://www.tba.org/tba_files/AG/OP51.pdf Scheduling Recall Election Date: March 22, 2000 Opinion Number: 00-052 http://www.tba.org/tba_files/AG/OP52.pdf Authority of County to Impose a Surcharge on Disposal of Municipal Solid Waste at a Privately Owned Disposal Facility Date: March 22, 2000 Opinion Number: 00-053 http://www.tba.org/tba_files/AG/OP53.pdf Service as UT Assistant General Counsel and Member of Judicial Selection Commission Date: March 23, 2000 Opinion Number: 00-054 http://www.tba.org/tba_files/AG/OP54.pdf PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! 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