January 26, 2001
Volume 7 -- Number 017

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 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

DOTTIE LOU BELL HAMPTON v. HENRY I. SEIGEL CO., INC., et al.

Court:TSC - Workers Comp Panel

Attorneys:        

Stephen D. Jackson, Huntingdon, Tennessee, for the appellants, Henry
I. Seigel Company, Inc. and Royal Insurance Company.

Donald E. Parish, Huntingdon, Tennessee, for the appellee, Dottie Lou
Bell Hampton.                  

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court pursuant to
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
employer and its insurer contend the employee's disability was caused
by an independent intervening cause, namely a  gradually occurring
injury while working for a subsequent employer, and that the award of
permanent partial disability benefits is excessive.  As discussed
below, the panel has concluded the evidence fails to preponderate
against the findings of the trial court.

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


ALFREDIA J. LEACH v. HENRY I. SIEGEL COMPANY, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Stephen D. Jackson, Huntingdon, Tennessee, for the appellants, Henry I. Siegel Company, Inc. and Royal Insurance Company. Donald E. Parish, Huntingdon, Tennessee, for the appellee, Alfredia J. Leach. Judge: MALOAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, Henry I. Siegel Co., Inc. and Royal Insurance Company (H.I.S.), appeal the judgment of the Circuit Court for Carroll County awarding the plaintiff, Alfredia Leach (Leach), fifty percent (50%) permanent partial disability to her right arm and twenty percent (20%) permanent partial disability to her left arm as being excessive. For the reasons stated in this opinion, we affirm the judgment of the trial court but modify the award to a single award of thirty-five percent (35%) permanent partial disability to both arms. http://www.tba.org/tba_files/TSC_WCP/leachalf.wpd
STONEY McCARTER v. TRANSPORTATION INSURANCE COMPANY, et al. Court:TSC - Workers Comp Panel Attorneys: Steve Taylor, Memphis, Tennessee, for the appellant, Stoney McCarter. Carl Wyatt, Memphis, Tennessee, for the appellees, Transportation Insurance Company and Industrial & Mechanical Contractors of Memphis, Inc. Judge: MALOAN 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, Stoney McCarter, appeals the judgment of the Circuit Court of Shelby County granting defendants' motion for summary judgment. The trial court held plaintiff's court-approved lump sum settlement was not entered into pursuant to Tenn. Code Ann. S 50-6-241(a)(1) and therefore could not be reopened pursuant to S 50-6-241(a)(2). For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/mccartst.wpd
RODNEY STAFFORD v. SARA LEE CORPORATION, et al. Court:TSC - Workers Comp Panel Attorneys: Jay E. Degroot, Jackson, Tennessee, for the appellant, Rodney Stafford. Joe D. Spicer, Nashville, Tennessee, and Kenneth R. Rudstrom, Memphis, Tennessee, for the appellee, Lumbermens Mutual Casualty Company. Kenneth R. Rudstrom, Memphis, Tennessee, for the appellee, Sara Lee Corporation d/b/a Jimmy Dean Foods. Judge: WALKER First Paragraph: Employee was cleaning a machine at work while it was running, in violation of safety rules, and received an injury to his hand and arm. The trial court found willful misconduct and refused worker's compensation benefits. The panel finds that the evidence fails to preponderate against the Chancellor's findings, and affirms. http://www.tba.org/tba_files/TSC_WCP/staffordrod.wpd
IN RE: PETITION OF THE INDIGENT DEFENSE COMMISSION FOR THE ADOPTION OF A REVISED SUPREME COURT RULE 13 ORDER Court:TSC - Rules Judge: ANDERSON First Paragraph: On February 22, 2000, the Indigent Defense Commission petitioned this Court to adopt a new and revised Supreme Court Rule 13. After due consideration, Rule 13 of the Rules of the Supreme Court of Tennessee is hereby amended by striking the present text in its entirety and replacing it with the following: http://www.tba.org/tba_files/TSC_Rules/rul13amd_ord.wpd
JEFFREY ARCH CARTER v. STATE OF TENNESSEE Court:TCCA Attorneys: Nat H. Thomas, Kingsport, Tennessee, for the appellant, Jeffrey Arch Carter. Paul G. Summers, Attorney General and Reporter; Marvin E. Clements, Jr., Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant, after pleading guilty to two counts of aggravated assault, DUI second offense, and violation of seat belt law, sought alternative sentencing. A sentencing hearing was held and the trial court denied the defendant any form of alternative sentence. The defendant now appeals that denial, asserting that the trial court erred in denying him an alternative sentence. After review, we affirm the trial court's denial of an alternative sentence. http://www.tba.org/tba_files/TCCA/carterja.wpd
STATE OF TENNESSEE v. LARRY M. GRIGSBY Court:TCCA Attorneys: Mark H. Toohey, Kingsport, Tennessee, for the Appellant, Larry M. Grigsby. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Clinton J. Morgan, Assistant Attorney General, H. Greeley Wells, Jr., District Attorney General, and Todd Martin, Joseph Eugene Perrin and Mary Katharine Harvey, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: Larry M. Grigsby entered guilty pleas to one count of promoting prostitution and two counts of criminal simulation. The manner of service, including entitlement to probation and/or Community Corrections, was submitted to the trial court. The trial court denied any form of alternative sentencing based upon Grigsby's extensive prior criminal history and the failure of previous measures less restrictive than total confinement. On appeal, Grigsby argues that the trial court erred in denying an alternative sentence. After review, we conclude that the record supports the trial court's sentencing decision. The judgment, accordingly, is affirmed. http://www.tba.org/tba_files/TCCA/grigsbylm.wpd
The Rules of the Tennessee Court of Criminal Appeals are amended by adding thereto the following, which shall become Rule 22 of this Court: ORDER Court:TCCA Judge: WADE First Paragraph: Rule 22. Frivolous Appeals: Withdrawal of Appointed Counsel. If, on direct appeal to this court, appointed counsel for an indigent defendant concludes, after a conscientious examination of the entire record and the applicable law, that the appeal is frivolous under Anders v. California, 386 U.S. 738 (1967), and that continued representation by counsel would violate the Code of Professional Responsibility, Rule 8, Rules of the Supreme Court, counsel may move the court in writing to permit withdrawal from further representation of the indigent defendant. http://www.tba.org/tba_files/TCCA/rule22_ord.wpd

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