October 25, 2000
Volume 6 -- Number 175

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
07 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


Court:TSC - Workers Comp Panel


William F. Kendall, III, Jackson, Tennessee, for the appellant, CNA
Insurance Company.

Ricky L. Boren, Jackson, Tennessee, for the appellee, Janice Forbes.                      

Judge: BELL

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The
defendants CNA Insurance Company and Day After Day Service, Inc.
appealed the judgment of the Chancery Court of Obion County awarding
plaintiff Janice Forbes, for deceased husband Jerry Forbes, death
benefits for the death of Jerry Forbes from a work-related heart
attack.  For the reasons stated in this opinion we affirm the judgment
of the trial court.


ROBERT E. BENNETT, et ux. v. PUTNAM COUNTY, TENNESSEE CORRECTION Court:TCA Attorneys: E. Jerome Melson; Robert H. Watson, Jr.; Nathan D. Rowell, Knoxville, for Appellant, Putnam County, Tennessee Jon E. Jones; Gwen D. Jones, Cookeville, For Appellees, Robert E. Bennett and Helen Bennett Judge: CRAWFORD First Paragraph: This appeal arises from a collision involving a Putnam County ambulance parked at the site of a previous automobile accident. Plaintiff, a bystander who stopped to assist the motorist in the original accident, was severely injured when he was pinned between the parked ambulance and an approaching vehicle. Plaintiff filed suit against the County, alleging that the paramedics who responded to the original accident were negligent in their placement of the ambulance and in failing to control the accident scene pending the arrival of law enforcement personnel. Plaintiff also alleged negligence per se based upon the ambulance driver's violation of T.C.A. S 55-8-158. The circuit court under doctrine of comparative negligence allocated ten percent fault to county based on common law negligence and negligence per se for violation of statute. County appeals. http://www.tba.org/tba_files/TCA/bennettrob.wpd
Fredric Blumberg v. Tennessee Department of Human Services Court:TCA Attorneys: Timothy L. Takacs, Hendersonville, Tennessee, for the appellant, Frederic Blumberg. Pamela A. Hayden-Wood, Nashville, Tennessee, for the appellee, Tennessee Department of Human Services. Judge: ASH First Paragraph: rederic Blumberg ("Blumberg") filed a petition against his wife in the Sumner County Circuit Court, seeking all his wife's marital assets and an increase in his minimum monthly maintenance needs allowance. On September 16, 1998, the Sumner County Circuit Court issued an Order requiring Mrs. Blumberg to pay as support for the benefit of Mr. Blumberg, all of her monthly income. Subsequently, Blumberg applied for Medicaid benefits on behalf of Mrs. Blumberg, administered by the Tennessee Department of Human Services ("DHS"), for which he was approved. On October 26, 1998, Blumberg received notice from DHS that his request for an income allocation was denied. Thereafter, Blumberg requested an administrative hearing appealing the denial of spousal allocations. On December 8, 1998, an administrative hearing with DHS was held, and Blumberg's appeal was denied. The Chancery Court affirmed the decision of the DHS, finding that the support order was not validly adjudicated because of lack of notice to DHS. This appeal followed. http://www.tba.org/tba_files/TCA/blumbergf.wpd
Ceilia F. Hall v. Metropolitan Government of Davidson County, Tennessee, et al Court:TCA Attorneys: Brenda Rhoton Little and Stephen C, Crofford, Nashville, Tennessee, for the appellant, Cecilia F. Hall. WM. Michael Safley, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County, Tennessee, et al. Judge: ASH First Paragraph: On September 11, 1997, Dr. Bill M. Wise, Director of Schools for the Metropolitan Nashville Public Schools, sent Appellant Cecilia F. Hall ("Ms. Hall") a letter informing her that he had presented charges against her to the Metropolitan Board of Public Education ("Board") recommending her dismissal. Ms. Hall requested in writing a hearing before the Board concerning the charges brought against her. The Board convened for the hearing on March 17, 1998. Before the hearing the two parties reached what they thought was an adequate settlement. However, the proposed settlement agreement was never signed by Ms. Hall. Subsequently, the Board terminated Ms. Hall on June 1, 1998. Ms. Hall filed a Petition for Writ of Certiorari with the Davidson County Chancery Court seeking judicial review pursuant to Tenn. Code Ann. S 49-5-513. http://www.tba.org/tba_files/TCA/hallcf.wpd
Allie Mae Hunt v. Thomas Claybrooks d/b/a Best Way Tire and James Goodner Court:TCA Attorneys: David E. Danner, Nashville, Tennessee, for the appellant, James Goodner. C. Bennett Harrison, Nashville, Tennessee, for the appellee, Allie Mae Hunt. Judge: ASH First Paragraph: This litigation began as a pro bono case. Defendant/Appellant James Goodner ("Goodner") represented himself pro se on October 22, 1997 at the General Sessions Court and received a judgment against him. Goodner timely appealed the decision to the Circuit Court. Plaintiff/Appellee Allie Mae Hunt ("Hunt") died after the case was appealed from the General Sessions Court to the Circuit Court for Davidson County, Tennessee. Thereafter, the trial court dismissed Goodner's appeal and this case took on a different character. David E. Danner ("Danner") filed a Rule 60.02 motion to get the case reinstated, allegedly accusing Hunt's attorney, C. Bennett Harrison ("Harrison") of "fraud, misrepresentation or other misconduct." Harrison filed a response to the motion containing a motion for Rule 11 sanctions against Danner. Subsequently, Danner asked for sanctions against Harrison, which were denied. Hunt's case was reinstated, but the trial court ordered Danner to pay attorney fees of $100 to Harrison as a sanction of Rule 11. We affirm and modify the trial court's decision. http://www.tba.org/tba_files/TCA/huntam.wpd
DOLLY JULIET RAKIRO MADU v. FIDELIS OBI MADU Court:TCA Attorneys: Randle W. Hill, Jr., Nashville, Tennessee, for the appellant, Dolly Juliet Rakiro Madu. Dan R. Alexander, Nashville, Tennessee, for appellee, Fidelis Obi Madu. Judge: KOCH First Paragraph: This appeal involves the dissolution of a three-year marriage between a naturalized citizen and a foreign national attending school on a temporary student visa. Soon after the parties were divorced by agreement in the Circuit Court for Davidson County, the foreign national sought to set the divorce aside because of its effect on her efforts to remain in the United States. The trial court declined to set the divorce aside. The foreign national asserts on this appeal that the trial court should not have declared the parties divorced and that the trial court erred by denying her motion for a new trial based on newly discovered evidence. We have determined that the record supports the trial court's decision to declare the parties divorced and that the trial court did not err when it denied the foreign national's post-trial motion. Accordingly, we affirm the judgment. http://www.tba.org/tba_files/TCA/madudjr.wpd
DORIS RACKLEY, et al. v. DEKALB COUNTY FIRE DEPARTMENT, et al. Court:TCA Attorneys: Frank Buck and Lena Ann Buck, Smithville, Tennessee, for the appellants, Doris Rackley, Hazel Maynard, Virginia Rackley, and the heirs at law of the late Mary Emma Rackley Johnson, and Pat Farler, Eva Cooper, Barbara Knupp, and the heirs at law of Norval Rackley. Michael E. Evans, Nashville, Tennessee, for the appellee, DeKalb County Fire Department, an agency of DeKalb County, Tennessee. Judge: CANTRELL First Paragraph: A purchaser of real property invited the DeKalb County Volunteer Fire Department to burn down a house on the property for training purposes. After the house was destroyed, the seller re-took possession of the property, because the buyer failed to pay the rest of the purchase price. The seller brought suit against the County for inverse condemnation and trespass. The trial court dismissed the complaint. We affirm. http://www.tba.org/tba_files/TCA/rackleyd.wpd
Tracy Simmons v. James L. Harris Court:TCA Attorneys: Tracy Simmons, Nashville, Tennessee, for the appellant, pro se. Lawrence Wilson, Nashville, Tennessee, for the appellee, James L. Harris. Judge: ASH First Paragraph: The basis of this litigation began as a discrimination suit filed against Middle Tennessee State University ("MTSU") on March 2, 1995. The Appellant Tracy Simmons ('Simmons") hired the Appellee James Harris ("Harris") to represent him in his action against MTSU. The discrimination suit was ultimately dismissed on May 10, 1995. Simmons then appealed to the Sixth Circuit Court of Appeals, and on July 11, 1997, the Court of Appeals affirmed the dismissal. Simmons subsequently filed a complaint against Harris with the Board of Professional Responsibility, which was later dismissed. Harris then brought an action against Simmons for attorney's fees. The controversy now before us concerns the suit brought by Simmons alleging legal malpractice, malicious prosecution, and abuse of process against Harris. On October 14, 1999, Harris filed a Motion for Summary Judgment and on December 14, 1999, the trial court granted Harris' motion, dismissing claims for malicious prosecution, abuse of process, and legal malpractice. Thereafter, Simmons submitted a Motion to Reconsider, which was denied. This appeal ensued. http://www.tba.org/tba_files/TCA/simmonst.wpd

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