December 15 , 2000
Volume 6 -- Number 204

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
03 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
02 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

DARLENE CAMERON 
v. 
FIREMAN'S FUND INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:      

P. Richard Talley and Steven Douglas Drinnon, Dandridge, Tennessee,
for Appellant, Darlene Cameron.

J. Eric Harrison, Knoxville, Tennessee, for Appellee, Fireman's Fund
Insurance Company.

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 trial
court dismissed the claim for benefits finding the injury did not
arise out of and in the course of employment.  The court found the
employee was not required as part of her employment to attend a NASCAR
race sponsored by her employer and that her choice to attend was
voluntary and a fringe benefit to which she was entitled.  The
employee has appealed insisting the evidence preponderates against
this conclusion.  Judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TSC_WCP/cameron_wc.wpd


William Long v. Homecrest Corporation Court:TSC - Workers Comp Panel Attorneys: J. Timothy Bobo, Knoxville, Tennessee, for the appellant, Homecrest Corporation, Inc. Roger L. Ridenour, Clinton, Tennessee, for the appellee, William D. Long. Judge: BYERS 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. This is an appeal from the judgment of the trial court which awarded the plaintiff seventy percent permanent impairment to the right arm. The defendant contends the evidence preponderates against this finding. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/LONGwd.wpd
JO FRANCES LUEDTKE, surviving spouse of Richard Luedtke, deceased v. TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: Joseph M. Dalton and Catherine S. Hughes, Nashville, TN, for the Applicant, Jo Frances Leudtke. Sean Antone Hunt, Spicer, Flynn, & Rudstrom, PLLC Nashville, TN, for the Respondent, Travelers Insurance Company. Judge: DROWOTA First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e) for hearing and reporting findings of fact and conclusions of law. In this case, the plaintiff sued for benefits following the death of her husband, the employee. The employee died of a heart attack while at work. The trial court found that the employee was exerting himself, but that there was no causal connection between the exertion and his death. This Panel has concluded that the trial judge was incorrect in finding that the exertion was not linked to the employee's death. We find that death or disability arises out of and in the course of employment when the exertion of the employee's work causes the heart attack, or aggravates a preexisting condition. It makes no difference that the employee suffered from a preexisting heart disease or that the attack resulted from ordinary exertion of the employee's work. http://www.tba.org/tba_files/TSC_WCP/luedtke_opn.wpd
STATE OF TENNESSEE v. JOHN LEE DOCKERY Court:TCCA Attorneys: Glen B. Rutherford, Knoxville, Tennessee, for the appellant, John Lee Dockery. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Steve Garrett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, John Lee Dockery, was convicted after a bench trial of fourth offense driving under the influence (DUI) and driving on a revoked license. In this appeal as of right, the Defendant argues that the trial court erred by admitting into evidence statements the Defendant made to the arresting officer before Miranda warnings were given and that the evidence was insufficient to support the DUI conviction. We conclude that the statements made by the Defendant were properly admitted and that the evidence was sufficient to support the convictions. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/dockeryjl_opn.wpd
STATE OF TENNESSEE v. TREVA DIANNE GREEN Court:TCCA Attorneys: Steve Merritt, Maryville, Tennessee for the appellant, Treva Dianne Green, on appeal. Paul G. Summers, Attorney General and Reporter, Clinton J. Morgan, Nashville, Tennessee, Michael L. Flynn, District Attorney General, Edward P. Bailey, Jr., Assistant District Attorney General, Kirk Andrews, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant appeals from her Blount County Circuit Court conviction and sentence for driving under the influence, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days in the Blount County Jail, all of which was suspended except for service of eight days incarceration. The jury imposed a fine of $1,500. In this direct appeal, the defendant complains that the evidence is insufficient to support her conviction, that statements she made to the arresting officer should have been suppressed, that prosecutorial misconduct taints the verdict, that the jury should have been charged on reckless driving as a lesser-included offense, and that her sentence and fine are excessive. We affirm the judgment of the trial court, as modified. http://www.tba.org/tba_files/TCCA/greentd_opn.wpd

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