January 05 , 2001 Volume 7 -- Number 004 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 04 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 04 New Opinion(s) from the Tennessee Court of Appeals 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 03 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 TERRI L. CARTER v. CMH MANUFACTURING, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Garry W. Ferraris, Knoxville, Tennessee, for the appellant, Terri L. Carter. Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellee, CMH Manufacturing, Inc. Paul G. Summers, Attorney General and Reporter; E. Blaine Sprouse, Assistant Attorney General, for the appellee, Dina Tobin, Worker's Compensation Division of the Tennessee Department of Labor/Second Injury Fund. Judge: INMAN 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. This action seeking benefits for total and permanent disability attributable to a disputed diagnosis of carpal tunnel syndrome superimposed upon pre-existing injuries was dismissed. The plaintiff appeals and presents for review the issues of whether the plaintiff proved that she suffered a job-related injury, or that she suffered a vocational disability. We affirm the judgment. http://www.tba.org/tba_files/TSC_WCP/carter.wpd KAREN HENSON v. FINELLI, HAUGE, SANDERS and RAGLAND, M.C., P.C. Court:TSC - Workers Comp Panel Attorneys: Kimberlee A. Waterhouse, Lenoir City, Tennessee, for the appellant, Karen Henson. James T. Shea, IV, Knoxville, Tennessee, for the appellee, Finelli, Hauge, Sanders and Ragland, M.C., P.C. Judge: INMAN 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. This is a Rule 60 case. The plaintiff alleges that after her claim for workers' compensation benefits for a cervical spine and shoulder injury was settled and judicially approved she continued to suffer pain and discomfort owing to a torn rotator cuff and nerve impingement which was not discovered by her treating physician, thus implicating Rule 60.02. http://www.tba.org/tba_files/TSC_WCP/henson.wpd JANICE S. HOSKINS (BREWER) v. SEAMAN CORPORATION Court:TSC - Workers Comp Panel Attorneys: Michael E. Large, Bristol, Tennessee, for the appellant, Janice S. Hoskins (Brewer). Jack M. Vaughn, Kingsport, Tennessee, for the appellee, Seaman Corporation. Judge: INMAN 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 plaintiff was laid off 66 months after returning to work following settlement of her claim for workers' compensation benefits. After the lay-off she filed this action to recover additional benefits. http://www.tba.org/tba_files/TSC_WCP/hoskinsbrewer.wpd CARROLL EDWARD MUMPOWER v. CITY OF ERWIN, TENNESSEE Court:TSC - Workers Comp Panel Attorneys: J. Wesley Edens, Bristol, Tennessee, for the appellant, Carroll Edward Mumpower. John Rambo, Johnson City, Tennessee, for the appellee, City of Erwin, Tennessee. Judge: INMAN 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 issue raised on appeal is whether the filing of a complaint by plaintiff Mumpower within one year after discovering his current medical condition to be causally related to an earlier accident is time-barred and cause for dismissal of this suit. The trial court found equitable estoppel not implicated and the fact that in 1998 plaintiff received additional information that his 1992 injury was worse than originally believed did not serve to extend the operation of the statute of limitations. We affirm the judgment of the court. http://www.tba.org/tba_files/TSC_WCP/mumpower.wpd FRED BIRDSALL, et al. v. FLOYD BIRDSALL Court:TCA Attorneys: Fred Birdsall and Wanda Birdsall, Lafollette, Tennessee, Pro Se. Floyd Birdsall, Lafollette, Tennessee, Pro Se. Judge: SWINEY First Paragraph: Plaintiffs/Appellants sought the return of several items, including a shotgun, tiller and lawn mower, as well as $1,500 in damages to a 1980 Ford pick-up truck, from Defendant/Appellee. The Trial Court found the matter too speculative and dismissed the case. We have no transcript and no Statement of the Evidence. Accordingly, we must assume that the record, had it been preserved, would have contained sufficient evidence to support the Trial Court's factual findings. Judgment of the Trial Court affirmed. http://www.tba.org/tba_files/TCA/birdsallf.wpd JAMI ALLYSON ROSS CARTER v. GUY MARSHALL CARTER Court:TCA Attorneys: Robert D. Arnold, Johnson City, Tennessee, for the appellant, Jami Allyson Ross Carter. Lois B. Shults-Davis, Erwin, Tennessee, for the appellee, Guy Marshall Carter. Judge: GODDARD First Paragraph: This appeal from the Washington County Chancery Court concerns whether the Trial Court erred in refusing to allow the testimony of an expert witness in accordance with a local rule. The Appellant, Jami Allyson Ross Carter, appeals the decision of the Chancery Court. We vacate the decision of the Trial Court. http://www.tba.org/tba_files/TCA/carterjami.wpd HARRY FLETCHER, et al. v. ANTHONY EDWIN BICKFORD, et al. Court:TCA Attorneys: Michael R. Campbell, Chattanooga, Tennessee, for Appellants Anthony Edwin Bickford and Robert Gamble. G. Brent Burks, Chattanooga, Tennessee, for Appellees Harry Fletcher and Phyllis Fletcher. Ronald D. Wells, Chattanooga, Tennessee for Nationwide Insurance Company. Gary W. Starnes, Chattanooga, Tennessee for Blue Cross & Blue Shield of Tennessee. Judge: SWINEY First Paragraph: Plaintiff's car was caught between the minivan in front of him and the dump truck behind him when the minivan and Plaintiff's car stopped to avoid an obstruction in the roadway. The dump truck was unable to stop and hit Plaintiff's car. The jury returned a verdict for Plaintiff for $225,000. The jury allocated 80 percent of the fault against the dump truck driver and owner and 20 percent of the fault against Plaintiff's uninsured motorist insurance carrier on behalf of the unknown driver of a truck which dropped the obstruction onto the road. The dump truck driver and owner appeal, raising issues of law including the introduction of claimed inadmissible evidence, prejudicial final argument, improper and incomplete jury instructions, jury misconduct and the failure of the Trial Court to grant Defendants' motions for directed verdict and judgment notwithstanding the verdict. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/fletcherh.wpd TINDELL'S, INCORPORATED v. MARY AVA PARTIN Court:TCA Attorneys: David A. Winchester, LaFollette, Tennessee, for the Appellant, Mary Ava Partin Edward L. Summers, Knoxville, Tennessee, for the Appellee, Tindell's, Incorporated Judge: GODDARD First Paragraph: This is a suit to recover the sales price of certain materials sold to the Defendant and to enforce a lien against certain property if the judgment rendered is not paid. The Trial Court found in favor of the Plaintiff, resulting in this appeal, wherein the Defendant questions the introduction of certain proof and insists the preponderance of the evidence is contrary to the Trial Court's determination. We affirm. http://www.tba.org/tba_files/TCA/tindellinc.wpd Salary of Jackson County General Sessions Judge Date: December 20, 2000 Opinion Number: 00-190 http://www.tba.org/tba_files/AG/OP190.pdf Authority to request the POST Commission to suspend or revoke the certification of a police officer Date: December 20, 2000 Opinion Number: 00-191 http://www.tba.org/tba_files/AG/OP191.pdf Right to a Jury Trial for Class C Misdemeanant Date: December 21, 2000 Opinion Number: 00-192 http://www.tba.org/tba_files/AG/OP192.pdf 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! 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