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
 

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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

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