January 16, 2001
Volume 7 -- Number 010

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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
06 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

MESSER GRIESHEIM INDUSTRIES, INC. d/b/a MG INDUSTRIES v. CRYOTECH OF
KINGSPORT, INC., et al.

Court:TCA

Attorneys:

Gregory M. Leitner, Michael K. Alston, and Timothy L. Mickel,
Chattanooga, Tennessee, and Arthur G. Seymour, Jr., Knoxville,
Tennessee, for the appellant, Messer Griesheim Industries, Inc., d/b/a
MG Industries.

Hugh J. Moore, Jr., Douglas E. Peck, and Stephen G. Kabalka,
Chattanooga, Tennessee, for the appellee, Mellon Financial Services
Corp. #3.                          

Judge: SUSANO

First Paragraph:

This is an action to recover damages, primarily funds expended by the
plaintiff in settlement of claims against it that allegedly resulted
from property damage caused by contaminated liquid carbon dioxide sold
by the plaintiff.  The plaintiff, who is now the appellant, filed suit
against Mellon Financial Services Corp. #3 - the defendant-appellee -
and two others who were involved in the chain of distribution of the
carbon dioxide.  The trial court granted the defendant-appellee's
original motion for summary judgment, dismissing the plaintiff's
breach of contract and breach of warranty claims for lack of privity,
the plaintiff's products liability claim due to a lack of property
damage, and the plaintiff's Tennessee Consumer Protection Act claim. 
Subsequently, the trial court granted the defendant-appellee's second
motion for summary judgment, dismissing the plaintiff's remaining
claims, predicated on the court's finding that the defendant-appellee
owed no duty to the plaintiff and that the defendant-appellee was not
involved in a joint venture or an implied partnership with the other
defendants.  The plaintiff appeals, raising numerous issues.  We
affirm.

http://www.tba.org/tba_files/TCA/messergi.wpd


STATE OF TENNESSEE v. MICHAEL BRADY Court:TCCA Attorneys: John T. Conners, III, Franklin, Tennessee, for the appellant, Michael Brady. Paul G. Summers, Attorney General and Reporter; Marvin E. Clements, Jr., Assistant Attorney General; Ron Davis, District Attorney General; and Lee Dryer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant was convicted of robbery and two counts of attempted aggravated robbery. On this appeal as of right, the Defendant challenges several of the trial court's evidentiary rulings, arguing that the audio tapes of the victims' prior testimony should have been admitted; that his prior conviction of aggravated assault, and questions thereon, should not have been admitted; that certain photographs of the crime scene should have been admitted; that his special education records were admissible; and that certain police reports should have been admitted. The Defendant also argues that he was entitled to a mistrial. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bradym.wpd
STATE OF TENNESSEE v. JAMES E. (JUNEBUG) LIGON Court:TCCA Attorneys: Gary M. Eisenberg, Pleasant View, Tennessee, for the appellant, James E. (Junebug) Ligon. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and James W. Kirby, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: A Cheatham County jury found the defendant guilty of aggravated burglary and theft for breaking into his neighbor's home and stealing two television sets, a VCR, and a computer. The trial court sentenced the defendant as a Range III, persistent offender to twelve years for the aggravated burglary count and as a career offender to twelve years for the theft count, with the sentences to be served consecutively in the Department of Correction. In this appeal as of right, the defendant challenges the sufficiency of the evidence; the failure of the trial court to order a mistrial based on testimony alluding to the defendant's criminal past; and the failure of the trial court to instruct the jury as to the crime of accessory after the fact on the theory that it is a lesser-included offense of both indicted offenses. Finding the evidence sufficient and no other reversible error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/ligonje.wpd
STATE OF TENNESSEE v. ERNEST E. PRIDE Court:TCCA Attorneys: Ralph Newman and Jeffrey A. DeVasher, Nashville, Tennessee, for the appellant, Ernest E. Pride. Paul G. Summers, Attorney General and Reporter, Russell S. Baldwin, Assistant Attorney General, and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Ernest E. Pride, was convicted by a jury in the Davidson County Criminal Court of one count of tampering with evidence, a class C felony; one count of possession of less than .5 grams of cocaine with the intent to sell, a class C felony; one count of simple possession of marijuana, a class A misdemeanor; one count of criminal trespass, a class C misdemeanor; one count of resisting arrest, a class B misdemeanor; and one count of unlawful possession of drug paraphernalia, a class A misdemeanor. The trial court sentenced the appellant, as a Range II offender, to the following terms of incarceration in the Tennessee Department of Correction: eight years for the tampering with evidence conviction, eight years for the possession of cocaine with intent to sell conviction, eleven months and twenty-nine days for the possession of marijuana conviction, thirty days for the criminal trespass conviction, and six months for the resisting arrest conviction. Additionally, the trial court ordered the appellant to serve all of the sentences concurrently. The trial court entered a verdict of not guilty for the possession of drug paraphernalia. The appellant raises the following issues for our review: (1) whether the evidence contained in the record is sufficient to support a finding by a rational trier of fact that the appellant is guilty beyond a reasonable doubt of possession of less than .5 grams of cocaine with intent to sell and tampering with the evidence as charged in the indictment; and (2) whether the trial court imposed excessive sentences for the convictions of tampering with evidence and possession of less than .5 grams of cocaine with intent to sell. Based upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/pridee.wpd
Jurisdiction of General Sessions Courts -- Boating Regulation Violations Date: January 4, 2001 Opinion Number: 01-001 http://www.tba.org/tba_files/AG/OP1.pdf
Membership of a Professional Limited Liability Company for the Practice of Electrolysis Date: January 4, 2001 Opinion Number: 01-002 http://www.tba.org/tba_files/AG/OP2.pdf
Naming Rights of Public Building and Advertising Sales Date: January 4, 2001 Opinion Number: 01-003 http://www.tba.org/tba_files/AG/OP3.pdf
Use of Video Cameras to Enforce Traffic Ordinances Date: January 4, 2001 Opinion Number: 01-004 http://www.tba.org/tba_files/AG/OP4.pdf
Duties of Emergency Medical Technicians and Emergency Medical "First Responders" Date: January 8, 2001 Opinion Number: 01-005 http://www.tba.org/tba_files/AG/OP5.pdf
Payment of salary and benefits to former city judge Date: January 10, 2001 Opinion Number: 01-006 http://www.tba.org/tba_files/AG/OP6.pdf

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