October 4, 2000
Volume 6 -- Number 160

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):
 
03 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
01 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

JAMES CARROLL, et al.  v.  CAROLYN WHITNEY, M.D., et al.
WITH DISSENTING OPINION

Court:TSC

Attorneys: 

Robert L.J. Spence, Jr. and Chapman Sellers Morrow, Memphis,
Tennessee, for the appellants, Carolyn Whitney, M.D., and Grover W.
Barnes, M.D., P.C.; Thomas R. Prewitt, Robertson M. Leatherman, and
Parke S. Morris, Memphis, Tennessee, for the appellant, LeBonheur
Children's Medical Center, Inc.

Carl I. Jacobson and Ross Higman, Memphis Tennessee, for the
appellees, James Carroll, Forestine Carroll, and James Carroll and
Forestine Carroll for the use and benefit of the estate of Jessica
Renee Carroll, a minor, deceased.

Jerry E. Mitchell and John H. Dotson, Memphis, Tennessee, for the
Amicus Curiae, UT Medical Group, Inc.                         

Judge: BARKER

First Paragraph:

This is an appeal from the Circuit Court for Shelby County which
allowed a jury, in an action alleging malpractice, to allocate fault
to resident physicians who were immune from suit.  The Court of
Appeals reversed the judgment of the trial court and concluded that
the trial court should not have permitted the jury to apportion fault
to the residents because they were immune.  We then granted this
appeal to decide whether the trial court erred in allowing nonparties
who were immune from suit to appear on a jury verdict form.  After
examining the record, considering the arguments of the parties and
amicus curiae, and analyzing the applicable law, we conclude that the
trial court did not err in allowing the immune nonparties to appear on
the jury verdict form.  Accordingly, for the reasons herein, we
reverse the Court of Appeals and reinstate the judgment of the trial
court.

http://www.tba.org/tba_files/TSC/carrollj_opn.wpd


DISSENTING OPINION
http://www.tba.org/tba_files/TSC/carrollj_dis.wpd


JEAN CAROLYN DOTSON v. AMANDA B. BLAKE, DAN BLAKE, AND THE ESTATE OF ELVIS C. MADDOX, SR., AND MARTIN MANOR ASSOCIATES, LTD. WITH DISSENTING AND CONCURRING OPINION Court:TSC Attorneys: Marianna Williams and Anthony Williams, Dyersburg, Tennessee, for the Defendant-Appellant, Martin Manor Associates, Ltd. Donald E. Parish, Huntingdon, Tennessee, for the Plaintiff-Appellee, Jean Carolyn Dotson Judge: DROWOTA First Paragraph: This is an appeal from the Circuit Court of Weakley County, which refused to permit the jury in a personal injury case to allocate fault to tortfeasors who successfully asserted a statute of repose defense. The Court of Appeals affirmed the trial court. We granted review to decide whether fault may be attributed to tortfeasors who cannot be held liable because of a statute of repose. After examining the record, considering the arguments of the parties, and analyzing the applicable law, we conclude that the courts below erred in not allowing fault to be assigned to the tortfeasors who successfully asserted a statute of repose to the claims against them. Accordingly, for the reasons explained hereafter, the lower courts are reversed. http://www.tba.org/tba_files/TSC/dotsonjc_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TSC/dotsonjc_dis.wpd CONCURRING OPINION http://www.tba.org/tba_files/TSC/dotsonjc_con.wpd
STATE OF TENNESSEE v. MICHAEL ELMORE ROBINSON Court:TSC Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, Michael Elmore Robinson. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Daryl J. Brand, Associate Solicitor General; William C. Whitesell, Jr., District Attorney General; and John W. Price, III, Assistant District Attorney, for the appellee, State of Tennessee. Judge: ANDERSON First Paragraph: This is an appeal from the judgment of the Rutherford County Criminal Court where the defendant was convicted and sentenced for his third offense of driving under the influence. Tenn. Code Ann. S 55-10-401(a) (1998). After determining that the defendant was a repeat offender, the trial court instructed the jury that intoxication may be inferred from a blood alcohol content of .08%. On appeal, the Court of Criminal Appeals rejected the defendant's argument that Tenn. Code Ann. S 55- 10-408(b) violated the equal protection provisions of the state and federal constitutions. We conclude that the statute does not violate equal protection because it is rationally related to the State's legitimate interest in deterring repeat offenders. Accordingly, we affirm the judgment of the Court of Criminal Appeals. http://www.tba.org/tba_files/TSC/robinsnm.wpd
STATE OF TENNESSEE v. RICHARD EUGENE TRIVETTE Court:TCCA Attorneys: Richard A. Spivey, Kingsport, Tennessee, for the appellant, Richard Eugene Trivette. Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe, Assistant Attorney General; Greeley Wells, District Attorney General; and Greg Newman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant was convicted of two counts of sexual battery. His plea agreement provided for concurrent sentences of two years for his convictions, with the manner of service of the sentences to be determined by the trial judge. The trial judge ordered that the Defendant serve 280 days of his sentences in the county jail, with the balance to be served on intensive probation. On appeal, the Defendant argues that the trial judge erred by ordering him to serve 280 days in jail. We modify the sentences imposed by the trial court. http://www.tba.org/tba_files/TCCA/trivettere.wpd

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