October 11, 2001
Volume 7 — Number 188

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
02 New Opinion(s) from the Tennessee Court of Appeals
01 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

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL
1733, RICK BROWN, ELAINE TIDWELL, ROSETTA JONES, PRENTISS MILTON, JOE
EGGLESTON, and ANNETTE FLETCHER v. CHRIS TURNER, GENERAL SESSIONS
COURT CLERK, AND SHELBY COUNTY GOVERNMENT

Court:TCA

Attorneys:

Mark Allen, Barclay M. Roberts, Memphis, for Appellants

Herbert E. Gerson, Thomas J. Walsh, Jr., Kathleen Spruill, Memphis,
for Appellees                        

Judge: HIGHERS

First Paragraph:

This appeal arises from a collective bargaining agreement entered into
by the Appellants and employees of the Shelby County General Sessions
Court Clerk’s office.  The Appellees refused to recognize the
collective bargaining agreement.  The Appellants filed a complaint
against the Appellees in the Circuit Court of Shelby County.  The
complaint alleged violations of Article 1, Section 8 of the Tennessee
Constitution, the Equal Protection and Due Process Clauses of the
Fourteenth Amendment to the United States Constitution, the First
Amendment to the United States Constitution, and breach of contract
under Tennessee law.  The parties filed cross-motions for summary
judgment.  The trial court entered summary judgment in favor of the
Appellees.

The Appellants appeal the grant of summary judgment in favor of the
Appellees by the Circuit Court of Shelby County.  For the reasons
stated herein, we affirm the trial court’s decision.

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


MICHAEL JONES, et al. v. METHODIST HEALTHCARE, et al. Court:TCA Attorneys: Jason G. Whitworth, Covington, Tennessee, for the appellants, Michael Jones and wife, Charli Jones. Thomas R. Prewitt, Jr. and Karen B. Hall, for the appellee, Methodist Healthcare. David M. Cook, Karen S. Koplon, for the appellee, Mid-South Regional Blood Center a/k/a Lifeblood. Tim Edwards and R. Douglas Hanson, for the appellee, Florida Blood Services, Inc. d/b/a Southwest Florida Blood Bank. Judge: FARMER First Paragraph: Plaintiffs, husband and wife, sued Defendants alleging that Husband was negligently supplied with untested or contaminated blood and blood products during his hospitalization in 1986. Defendants are the Hospital and suppliers of blood and blood products. Husband learned for the first time on May 7, 1999, that he had contacted HIV and suffered from Acquired Immune Deficiency Syndrome (AIDS). The trial court dismissed the complaint on the basis that it was barred by the ten year statute of repose set forth in Tenn. Code. Ann. § 29-28-103. We affirm. http://www.tba.org/tba_files/TCA/jonesmichael.wpd
STATE OF TENNESSEE v. STEPHANIE RENAE PERSON Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); George Morton Googe, District Public Defender; and Vanessa D. King, Assistant District Public Defender, Jackson, Tennessee (at trial and on appeal), for the Appellant, Stephanie Renae Person. Paul G. Summers, Attorney General and Reporter; Laura McMullen Ford, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Madison County jury convicted the Defendant of misdemeanor theft of property, and the trial court sentenced her to eleven months and twenty-nine days of incarceration. The judgment of the trial court specified that the Defendant must serve seventy-five percent of the sentence prior to eligibility for work release, furlough, trusty status, and rehabilitative programs. The Defendant now appeals, challenging both the sufficiency of the evidence and the sentence that was imposed. Finding that the evidence was sufficient to support the conviction and that the sentence was properly imposed, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/personsr.wpd

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