July 20, 2000 Volume 6 -- Number 114 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 03 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 TROY C. LEDBETTER v. BATESVILLE CASKET COMPANY JUDGMENT Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon motion for review of Troy C. Ledbetter pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; http://www.tba.org/tba_files/TSC/ledbetter.wpd HOPE COBB v. ADVANTAGE MANUFACTURING CORPORATION Court:TSC - Workers Comp Panel Attorneys: Michael A. Jaynes, Jackson, Tennessee for the appellant, Hope Cobb William F. Kendall, III and B. Duane Willis, Jackson, Tennessee for appellee, Advantage Manufacturing Corporation. Judge: WEATHERFORD First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee, Hope Cobb, insists that the trial court erred in dismissing her claim at the conclusion of a bench trial on the grounds that she failed to carry the burden of proof that she had given proper notice of her injury to her employer, Advantage Manufacturing Corporation. The employer moves that we find this appeal to be frivolous and grant attorney fees and expenses incurred as a result of this appeal. For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/cobbhope.wpd ANN PHILLIPS v. MARVIN WINDOWS Court:TSC - Workers Comp Panel Attorneys: J. Arthur Crews, II, Jackson, Tennessee, for the appellant, Marvin Windows. Donna Brown Wilkerson, Jackson, Tennessee, for the appellee, Ann Phillips. Judge: MALOAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Marvin Windows (Marvin), appeals the judgment of the Lauderdale Chancery Court awarding the plaintiff, Ann Phillips (Phillips), permanent partial disability of seventeen percent (17%) to the body as a whole. http://www.tba.org/tba_files/TSC_WCP/phillipa.wpd VOLUNTEER EXPRESS v. PATRICIA WADE Court:TSC - Workers Comp Panel Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. http://www.tba.org/tba_files/TSC_WCP/volunteerexp.wpd LAURA COFFEY, et al. v. CHEROKEE AVIATION, INC. Court:TCA Attorneys: Robert J. English, Knoxville, Tennessee, for the appellant, Laura S. Coffey, and Rufus Beamer, Knoxville, Tennessee, for the appellant, Peter R. Cowan William A. Simms and Chris T. Cain, Knoxville, Tennessee, for the appellee, Cherokee Aviation, Inc. Judge: GODDARD First Paragraph: This is an appeal from a jury verdict finding Cherokee Aviation, Inc. not liable for the deaths of Steven Coffey and Peggy Cowan in a plane crash. Laura Coffey and Peter Cowan, the surviving spouses of the deceased, moved for a new trial on the basis of certain testimony which was admitted or denied admission by the Circuit Court during trial. The Circuit Court denied the motion for a new trial and this appeal ensued. We affirm. http://www.tba.org/tba_files/TCA/coffeylau.wpd FIRST UTILITY DISTRICT OF KNOX COUNTY, TENNESSEE v. ELEANOR JO JARNIGAN-BODDEN Court:TCA Attorneys: Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellant, Eleanor Jo Jarnigan-Bodden. John A. Lucas, Knoxville, Tennessee, and Nash E. Long, III, Charlotte, North Carolina, for the appellee, First Utility District of Knox County, Tennessee. Judge: SWINEY First Paragraph: The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking. http://www.tba.org/tba_files/TCA/FirstUtility.wpd WATAUGA INDUSTRIES, INC. v. HARRY W. GREENWELL, et al WITH CONCURRING OPINION Court:TCA Attorneys: Michael S. Lattier, Kingsport, for the Appellant, Watauga Industries, Inc. D. Bruce Shine, Kingsport, for the Appellees, Harry W. Greenwell, et al. Paul G. Summers and Douglas Earl Dimond, Nashville, for the Appellee, Commissioner of the Tennessee Department of Labor and Workforce Development. Judge: SWINEY First Paragraph: Watauga Industries, Inc. appeals three cases consolidated in the Carter County Chancery Court involving unemployment benefits awarded to certain of its employees. In the first case ("Greenwell"), the Board of Review of the Department of Labor, Employment Security Commission, found the employees were entitled to unemployment compensation after they were locked out of the plant by Watauga during a labor dispute. The Chancery Court upheld that decision. Watauga appeals the Chancery Court's judgment. The Chancery Court lacked jurisdiction to hear Watauga's Petition for Certiorari because Watauga did not file its Complaint in Chancery Court within the statutorily mandated 30 days after the decision of the Board of Review became final. http://www.tba.org/tba_files/TCA/Wataugaind_opn.wpd WITH CONCURRING OPINION http://www.tba.org/tba_files/TCA/wataugaind_con.wpd PLEASE FORWARD THIS E-MAIL! 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