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   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 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 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. 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