September 27, 2000
Volume 6 -- Number 155

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
02 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

JOYCE ANN BLEVINS v. CAMEL MANUFACTURING COMPANY, et al.

Court:TSC - Workers Comp Panel

Attorneys:

John E. McDonald, Oak Ridge, Tennessee, for the appellant, Joyce Ann
Blevins.

Imogene A. King, Knoxville, Tennessee, for the appellees, Camel
Manufacturing Company, et al.                          

Judge: LAFFERTY

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated S 50-6-225(e)(3) for hearing and reporting to the Supreme
Court of findings of fact and conclusions of law.  The petitioner
challenges the trial court's denial of the petitioner's motion to
re-open or set aside the trial court's previous judgment, where the
petitioner suffered additional injuries as a result of her workers'
compensation accident.  Also, the petitioner asserts that the trial
court erred in ruling that the petitioner was not entitled to
reimbursement for her medical expenses for treatment of additional
injuries under the future medical expenses provision of said judgment.
 After a complete review of the entire record, briefs of the parties
and applicable law, we affirm the trial court's judgment.

http://www.tba.org/tba_files/TSC_WCP/blevinsja.wpd





BARRY KING v.  CITY OF BELLE MEADE, and TML RISK MANAGEMENT POOL, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

Daniel Carlton Todd, Nashville, Tennessee, for the appellant, Barry
King.

Teresa Reall Ricks, Farrar & Bates, Nashville, Tennessee, for the
appellees, City of Belle Meade and TML Risk Management Pool, Inc.,
Appellees.                         

Judge: TURNBULL

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S50-6-225(e)(3) for hearing and reporting of findings of fact and
conclusions of law.  In this case, the employee contends the trial
court erred in failing to award workers' compensation disability
and/or medical benefits to the employee based upon his work-related
hypertension and heart disease.  As discussed below, the panel has
concluded the trial court's dismissal of the employees workers'
compensation claims should be affirmed.

http://www.tba.org/tba_files/TSC_WCP/kingbarry.wpd





WALTER E. EVERETTE, et al. v. HUBERT G. BERRY, et al.

Court:TCA

Attorneys: 

Kenneth S. Christiansen, Knoxville, Tennessee, for the appellants,
Hubert G. Berry and wife, Bonnie D. Berry

George W. Morton, Knoxville, Tennessee, for the appellees, Walter E.
Everette and wife, Barbara A. Everette                         

Judge: GODDARD

First Paragraph:

In this dispute over real estate, the Plaintiffs seek to have a quit
claim deed conveying certain property to the Defendants declared
spurious, as well as injunctive relief relative to rights-of-way
adjacent to their property.  The Chancellor granted the relief the
Plaintiffs sought, resulting in this appeal.  We affirm.

http://www.tba.org/tba_files/TCA/everettewal.wpd





JIMMY B. HILLARD, et al. v. BUDDIE RUTH FRANKLIN

Court:TCA

Attorneys:

Douglas T. Jenkins, Rogersville, Tennessee, for the appellant, Buddie
Ruth Franklin.

James S. MacDonald and Andrew J. Evans, Knoxville, Tennessee, for the
appellees, Jimmy B. Hillard and wife, Wilma J. Hillard.                          

Judge: SUSANO

First Paragraph:

This is a suit for specific performance.  The plaintiffs entered into
an agreement with the defendant to purchase certain real property for
$80,000.  Before the purchase was closed, a house on the property was
destroyed by fire, and the defendant collected $35,000 as proceeds
from her homeowners' insurance policy.  The purchase of the property
did not proceed to closing and the plaintiffs filed suit for specific
performance of the contract at a purchase price of $45,000 -- this
amount being the difference between the original purchase price and
the insurance proceeds collected by the defendant.  The trial court
granted the plaintiffs summary judgment.  The defendant appeals,
contending that this case is not ripe for summary judgment.  We
affirm.

http://www.tba.org/tba_files/TCA/hillardjb.wpd





WILSON PHARMACY, INC., v. GENERAL COMPUTER CORPORATION 

Court:TCA

Attorneys:

Olen G. Haynes, Johnson City, Tennessee, for Appellant Wilson
Pharmacy, Inc.

Ronald S. Range, Jr., and Matthew D. Davison, Johnson City, Tennessee,
for Appellee General Computer Corporation                          

Judge: GODDARD

First Paragraph:

The origin of this appeal is a complaint filed by Plaintiff Wilson
Pharmacy, Inc., against Defendant General Computer Corporation,
seeking damages for allegedly furnishing defective computer hardware
and software programs pursuant to contracts entered into between the
parties.  The Trial Court found that the provision providing suit must
be brought within one year after accrual of the action barred Wilson
Pharmacy's claim.  Wilson Pharmacy appeals, contending the contract
they entered into was one of adhesion, rendering the contract
limitation period ineffective.  We affirm.

http://www.tba.org/tba_files/TCA/wilsonpha.wpd

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!
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: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
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: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

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


© Copyright 2000 Tennessee Bar Association