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
 

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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

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