December 3, 2001
Volume 7 — Number 222

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

RON MARTIN v. BLOUNT COUNTY, TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys:

Michael K. Atkins, Knoxville, Tennessee, for the Appellant Blount
County, Tennessee 

Kevin Shepherd, Maryville, Tennessee, for the Appellee Ron Martin                         

Judge: PEOPLES

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 of findings of fact and conclusions of law.  The employer
appeals and contends the trial court erred in finding the employee to
be 100 percent disabled because  no expert medical proof  established
permanency of the disability.  We sustain the contention of the
employer and reverse the award of permanent disability.

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


STEVEN RAY NORFLEET v. J. W. GOAD CONSTRUCTION, INC., et al. Court:TSC - Workers Comp Panel Attorneys: D. Brett Burrow and Gordon C. Aulgur, Nashville, Tennessee, for the appellants, J. W. Goad Construction, Inc., Sue Goad, Executrix for the estate of Jackie W. Goad, deceased, and Maryland Casualty Company. Thomas R. Meeks and Gregory D. Smith, Clarksville, Tennessee, for the appellee, Steven Ray Norfleet. Judge: LOSER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer and its insurer contend (1) the action is time barred, (2) the claim is barred by the plaintiff's failure to give timely notice, (3) the award of benefits is excessive, (4) the award of bad faith sanctions is erroneous, and (5) the trial court erred in awarding attorney fees for the collection of unpaid medical expenses. As discussed below, the panel has concluded the award of attorney fees against the employer should be vacated, and the judgment otherwise affirmed. http://www.tba.org/tba_files/TSC_WCP/norfleetsteven.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS http://www.tba.org/tba_files/TSC_Rules/certlist_1203.wpd
ALVIN BATES v. DR. JOSEPH METCALF, IV, d/b/a OAK RIDGE SURGEONS, P.C. Court:TCA Attorneys: David Randolph Smith, Nashville, Tennessee, and James P. Smith, Crossville, Tennessee, for the appellant, Alvin Bates. Debra A. Thompson, Knoxville, Tennessee, for the appellee, Dr. Joseph Metcalf, IV. Judge: GOODARD First Paragraph: In this appeal from the Circuit Court for Anderson County, the Plaintiff/Appellant, Alvin Bates, contends that the Trial Court erred in failing to grant him a directed verdict in his cause of action against the Defendant/Appellee, Dr. Joseph Metcalf, IV, for medical malpractice and medical battery. Mr. Bates further contends that the Trial Court committed other errors with respect to the admission and exclusion of evidence and that there was no material evidence to support the jury's verdict in favor of Dr. Metcalf. We affirm the judgment of the Trial Court and we adjudge costs of appeal against Mr. Bates and his surety. http://www.tba.org/tba_files/TCA/batesad_opn.wpd
FRANKS CONCURRING http://www.tba.org/tba_files/TCA/batesad_con.wpd
SUSANO DISSENTING http://www.tba.org/tba_files/TCA/batesad_dis.wpd
LINDA F. GREENE v. DR. WOODY STINSON, D.D.S. Court:TCA Attorneys: Kenneth K. Kennedy, Knoxville, Tennessee, for the appellant, Linda F. Greene. Darryl G. Lowe, Knoxville, Tennessee, for the appellee, Dr. Woody Stinson, D.D.S. Judge: SUSANO First Paragraph: The plaintiff was under the care of the defendant dentist for the crowning of six teeth. As a part of this procedure, the defendant placed a "tray" filled with impression material in her mouth. The plaintiff claims that she swallowed some of the impression material which, according to her, later had to be surgically removed from her intestines. She sued the dentist, alleging that he violated the applicable standard of care in a number of ways. The court below granted the defendant summary judgment based, in part, on its finding that the defendant did not know the plaintiff had swallowed impression material. The trial court also held that the plaintiff's expert was not qualified to offer an opinion as to the applicable standard of care in Jefferson County. The plaintiff appeals, arguing that the defendant is not entitled to summary judgment because, she argues: 1) the record contains evidence that the defendant was aware that the plaintiff had swallowed the impression material; and 2) her expert was qualified to offer his opinion as to the standard of care. We affirm. http://www.tba.org/tba_files/TCA/greenelf_opn.wpd
GODDARD DISSENTING http://www.tba.org/tba_files/TCA/greenelf_dis.wpd

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