June 26, 2001
Volume 7 — Number 116

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

DONALD FERRELL v. YORK TRUCKING, INC.,  et al.
Court:TSC - Workers Comp Panel

Attorneys:

Robert J. Uhorchuk, Chattanooga, Tennessee, for the appellants, York
Trucking, Inc. et al.

H. Thomas Parsons, Manchester, Tennessee, for the appellee, Donald
Ferrell.                        

Judge: BYERS

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 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 found the plaintiff had suffered an assault
during the course and scope of his employment, which resulted in a
permanent disability of 40 percent to the body as a whole as a result
of a psychiatric injury.  The trial judge also awarded the plaintiff
temporary total disability, future medical benefits and other costs. 
We affirm the judgment of the trial court.

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


IN RE: AMENDMENT TO SUPREME COURT RULE 13, APPOINTMENT, QUALIFICATIONS, AND COMPENSATION OF COUNSEL FOR INDIGENT DEFENDANTS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/rule13juv.wpd
JOANNE LETT v. COLLIS FOODS, INC., et al. Court:TCA Attorneys: Wayne A. Ritchie, II, Knoxville, Tennessee, for the appellant, JoAnne Lett. Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellee, Collis Foods, Inc. Judge: SUSANO First Paragraph: This case presents the question of whether, under the facts presented here, the defendant employer owed a duty to a third person to prevent an intoxicated employee from leaving work and driving home. The employee, Lynda Mills, was intoxicated when she reported for her shift of work at the Waffle House. Her employer - sued as Collis Foods, Inc. and Waffle House, Inc. (collectively referred to herein as "Collis Foods") - attempted, without success, to sober up Mills. Collis Foods' manager then ordered an assistant manager to clock Mills out, which was done. Mills refused an offer of a ride home and drove herself. On the way home, she collided with the plaintiff, JoAnne Lett, seriously injuring her. Lett filed suit against Mills and later amended her complaint to add Collis Foods as a party defendant. The trial court granted Collis Foods summary judgment. Lett appeals, asserting that Collis Foods owed her a duty of reasonable care. We affirm. http://www.tba.org/tba_files/TCA/lettj.wpd
STATE OF TENNESSEE v. DONNELL BOOKER Court:TCCA Attorneys: Russell T. Greene, Knoxville, Tennessee, for the appellant, Donnell Booker. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; Randall E. Nichols, District Attorney General; Jennifer H. Welch, Assistant District Attorney General; and Patricia Cristil, Assistant District Attorney General; for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant was convicted by a Knox County jury of aggravated assault, a Class C felony. The Defendant was sentenced as a Range II multiple offender to nine years incarceration in the state penitentiary. The Defendant now appeals, arguing that insufficient evidence was presented at trial to convict him of aggravated assault. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bookerd.wpd
STATE OF TENNESSEE v. RHONDA GRILLS Court:TCCA Attorneys: Keith A. Hopson, Kingsport, Tennessee, for the appellant, Rhonda Grills. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and James Goodwin, Gregory A. Newman, and Mary Katharine Harvey, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Rhonda Grills, was convicted of facilitation of the felony rape of a child less than 13 years of age. The trial court imposed a Range I sentence of 10 years. The defendant was fined $25,000.00. In this appeal of right, the defendant challenges the sufficiency of the evidence. Because the evidence is adequate to support the facilitation of the rape of a child, the judgment is affirmed. http://www.tba.org/tba_files/TCCA/grillsrhonda.wpd

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