July 7, 2000 Volume 6 -- Number 107 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):   00 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 03 New Opinion(s) from the Tennessee Court of Appeals 00 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 BRENT BROWN VS. CONTINENTAL BAKING COMPANY Court:TSC - Workers Comp Panel Attorneys: Brent Brown, Memphis, Tennessee, Pro Se. Karen R. Cicala, Memphis, Tennessee, for the appellee, Continental Baking Company. Judge: TATUM First Paragraph: This case involves a work-related injury to the plaintiffÕs left shoulder on August 17, 1992. The trial court heard the evidence on July 2, 1998, and found that the plaintiff sustained a compensable 12.5 percent permanent partial disability to the left shoulder but that the injury he claimed to the right shoulder was not work-related. The trial court also rejected the plaintiffÕs argument that he did not have a meaningful return to work and found that the two and one-half (2.5) times cap in Tennessee Code Annotated ¤ 50-6-241(a) applied. The plaintiff appealed pro se and raised the following issues for our review: (1) whether the plaintiffÕs right shoulder injury was work- related; (2) whether the plaintiff should be compensated for a second surgery on the right shoulder and both feet; (3) whether the original complaint was not re-filed properly; (4) whether there should have been a court reporter present at the hearing; and (5) whether evidence was improperly withheld from the court in his case. After careful review, we find that we must affirm the trial court's judgment. http://www.tba.org/tba_files/TSC_WCP/brownb.wpd CHARLES KENNETH BRANCH VS. VIRGINIA LOUISE THOMPSON Court:TCA Attorneys: R. Eddie Davidson, Nashville, for Defendant-Appellant Charlotte U. Flemming, Springfield, for Plaintiff-Appellee Judge: CRAWFORD First Paragraph: In this case, the minor children of the parties have been declared dependent and neglected in juvenile court, and custody was awarded to Mother. Subsequently, the parties were divorced in circuit court, and Mother was awarded custody and Father was ordered to pay child support. Mother filed a petition in circuit court to hold Father in contempt for his failure to pay child support, and Father filed a cross petition seeking, among other things, to change custody. At the conclusion of an evidentiary hearing, the circuit court awarded custody of the children to Father. Mother has appealed, and we vacate the order changing custody because of lack of subject matter jurisdiction. http://www.tba.org/tba_files/TCA/branchcha.wpd GLENDA CLICK, as next of kin to CURTIS HUGH CLICK, deceased VS. NELSON J. MANGIONE, et al. Court:TCA Attorneys: Hugh P. Garner, Chattanooga, Tennessee, for the appellant, Glenda Click. Michael A. Geracioti, Nashville, Tennessee, for the appellees, Nelson J. Mangione, Douglas A. Waldo, and Douglas A. Waldo, M.D., P.C. Judge: LILLARD First Paragraph: This is a medical malpractice case. The plaintiffÕs husband died of a cardiac rupture while in the care of the defendant physicians. The plaintiff filed a wrongful death suit, asserting medical malpractice in the care of her husband. The trial court granted summary judgment to the defendant doctors, finding that the plaintiffÕs expertÕs testimony failed to show that a breach of the standard of care by the defendants caused the death of the plaintiffÕs husband. The plaintiff appeals. We affirm, finding that the plaintiff did not present evidence that, to a reasonable degree of medical certainty, a breach of the standard of care by the defendants caused the death of the decedent. http://www.tba.org/tba_files/TCA/ClickG.wpd RAYMOND DAVIS VS. CITY OF CLARKSVILLE Court:TCA Attorneys: W. Timothy Harvey, Clarksville, Tennessee for the Appellant, City of Clarksville. Stacy A. Turner, Clarksville, Tennessee, for the Appellee, Raymond Davis. Judge: LILLARD First Paragraph: This is a negligence suit under the Tennessee Governmental Tort Liability Act. The plaintiff is a city police officer who was injured while rushing an armed robbery suspect. The plaintiff rushed the robbery suspect when he moved from a position of cover to a position closer to the suspect, after his supervisor motioned him to move forward. The plaintiff sued the city, alleging that his injuries were caused by his supervisor's negligence. The trial court found that the supervisor was negligent and awarded the plaintiff $45,000 in damages. The city appeals. We reverse, finding that the evidence does not support a finding that the supervisor was negligent. http://www.tba.org/tba_files/TCA/davisr.wpd PLEASE FORWARD THIS E-MAIL! 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