November 14, 2000 Volume 6 -- Number 187 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 02 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 JIMMY L. LANE v. SCHERING-PLOUGH CORPORATION, et al. Court:TSC - Workers Comp Panel Attorneys: Paul G. Summers, Attorney General and reporter and E. Blaine Sprouse, Assistant Attorney General, of Nashville, Tennessee, for the Appellant, State Second Injury Fund. Ashley L. Ownby, of Cleveland, Tennessee, for the Appellee, Jimmy L. Lane. Judge: THAYER 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 State Second Injury Fund has appealed the trial court's ruling that it was not entitled to a credit or setoff for payment of temporary total disability benefits against that portion of the permanent disability award which it is responsible to pay. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/lane-jl.wpd RENTENBACH CONSTRUCTORS, INCORPORATED v. ELI BEN BOWEN, et al. Court:TCA Attorneys: Reggie D. Keaton, Knoxville, Tennessee, for the appellant, Rentenbach Constructor, Incorporated. Johanna J. McGlothlin, Knoxville, Tennessee, for the appellee, Ball Corporation. John W. Wheeler, Knoxville, Tennessee, for the appellee, Mathews Corporation. Judge: GODDARD First Paragraph: This appeal from the Jefferson County Chancery Court concerns whether the Chancery Court erred in determining that Appellant, Rentenbach Constructors, Incorporated is obligated to indemnify Appellees, Mathews Corporation and Ball Corporation under the terms of a construction contract entered into between Rentenbach and Ball. We reverse the decision of the Chancery Court in this respect and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against the Appellees, Ball Corporation and Mathews Corporation. http://www.tba.org/tba_files/TCA/rentenbachcon.wpd STACY'S CARPET STEAM CLEANING COMPANY d/b/a BENT NAIL CONSTRUCTION v. DAVID E. MCNEELY et al. Court:TCA Attorneys: Kenneth D. Hale, Bristol, Tennessee, for the appellant, Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction. Robert J. Jessee, Johnson City, Tennessee, for the appellees, David E. McNeely and Renee McNeely. Judge: GODDARD First Paragraph: Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien. http://www.tba.org/tba_files/TCA/stacycar.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