December 18, 2001
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.
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Howard H. Vogel
MICHAEL BRUCE HARRIS v. MAGOTTEAUX, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Joseph W. Henry, Jr., Henry, Henry & Speer, Pulaski, Tennessee, for the appellant, Magotteaux, Inc. Rankin P. Bennett, Cookeville, Tennessee, for the appellee, Michael Bruce Harris William M. Billips, Ortale, Kelley, Herbert & Crawford, Nashville, Tennessee, for the appellee, Home Insurance Company and Home Indemnity Company Judge: GAYDEN 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. The employer appeals the trial court's calculation of the workers' compensation award of permanent partial disability benefits using the employee's total medical impairment rating, as opposed to using only the medical impairment rating arising from the most recent injury. In addition, the employer's previous insurance carrier challenges the trial court's finding that it is equally liable along with the current insurance carrier for the employee's most recent injury and the employee's future medical benefits. The Panel concludes the award should be modified in part and reversed in part. We modify the trial court's judgment, finding that the employee is entitled to workers' compensation benefits solely for his most recent injury and award a 12% permanent partial disability to the body as a whole. An employee cannot combine a claim for a new injury with a claim for reconsideration of a pre-existing workers' compensation award when the employee sustains an additional injury. We reverse the trial court's judgment, finding that Home Insurance Company, the previous insurance carrier, is not liable for benefits arising from the second injury. http://www.tba.org/tba_files/TSC_WCP/harrismichaelbruce.wpd
BOARDWALK REGENCY CORPORATION v. ROY B. PATTERSON and TRUMP TAJ MAHAL ASSOCIATES v. ROY B. PATTERSON Court:TCA Attorneys: John E. Buffaloe, Jr., Nashville, Tennessee, for the appellants, Boardwalk Regency Corporation and Trump Taj Mahal Associates. Jon E. Jones and Gwen D. Jones, Cookeville, Tennessee, for the appellee, Roy B. Patterson. Judge: KOCH First Paragraph: This appeal involves the efforts of two Atlantic City casinos to collect the gambling debts of a Tennessee resident. After obtaining default judgments against the Tennessee resident in New Jersey, the casinos twice attempted to file their judgments in the Chancery Court for Putnam County in accordance with the Uniform Enforcement of Foreign Judgments Act. On both occasions, the trial court declined to file the judgments after finding that they were irregular and that they were not properly authenticated. On the second occasion, the trial court also concluded that its refusal to file the first set of judgments precluded the casinos from filing the second set of judgments. The casinos have appealed. We have determined that the second set of judgments meet the requirements for filing and enforcement under the Uniform Enforcement of Foreign Judgments Act and that the casinos' unsuccessful efforts to file the first set of judgments does not prevent them from filing the second set of judgments. Accordingly, we reverse the trial court's order denying the application to enforce the foreign judgments. http://www.tba.org/tba_files/TCA/boardwalkregency.wpd
CHANTAL M. ELDRIDGE v. PUTNAM COUNTY, TENNESSEE Court:TCA Attorneys: Jeffrey G. Jones, Cookeville, Tennessee, for the appellant, Putnam County. Chantal M. Eldridge, Cookeville, Tennessee, Pro Se. Judge: CANTRELL First Paragraph: This is a case about the Open Records Act as applied to the telephone records of a Drug Task Force. After the Chancery Court of Putnam County ordered the County to produce the records, the County appealed, arguing that the records fit an exception to the Act or that the County should be able at the plaintiff's expense to redact the records to delete confidential information. We modify the chancellor's order to allow the County to redact the records at their own expense. http://www.tba.org/tba_files/TCA/eldridgecm.wpd
JANET HARPER, et al. v. KEITH D. CHURN, et al. Court:TCA Attorneys: Terry R. Clayton, Nashville, Tennessee, for the appellants, Janet Harper and James Harper. Alan M. Sowell, Nashville, Tennessee, for the appellee, Keith Churn. Nancy W. Phillips, Nashville, Tennessee, for the appellee, Rodney Beard. Judge: FARMER First Paragraph: This is a personal injury case arising from a vehicular collision. The plaintiffs, the Harpers, and the defendants, Mr. Churn and Mr. Beard, along with several others, were traveling together in a rented vehicle at the time of the collision. Mr. Churn was the driver of the vehicle; Mr. Beard was the pastor of the parties' church. At trial, the Harpers asserted that Mr. Churn was negligent in his operation of the vehicle. Additionally, the Harpers claimed that Mr. Beard was vicariously liable for their injuries, or in the alternative, that Mr. Beard was liable under the theory of negligent entrustment. The trial court granted Mr. Beard's motion for a directed verdict, and the jury found in favor of Mr. Churn. The Harpers appeal both decisions. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/harperjanet.wpd
MARIE HAWKS v. MICHAEL C. GREENE, COMMISSIONER OF TENNESSEE DEPARTMENT OF SAFETY Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter, Paula D. Godsey, Assistant Attorney General, for the appellant, Michael C. Greene, Commissioner of Tennessee Department of Safety. Fletcher W. Long, Nashville, Tennessee, Wesley MacNeil Oliver, New Orleans, Louisiana, for the appellee, Marie Hawks. Judge: COTTRELL First Paragraph: The Tennessee Department of Safety, appellant, seeks review of the decision of the Chancery Court for Davidson County reversing the State's order forfeiting the vehicle owned by Ms. Marie Hawks, appellee. Because we find that forfeiture of the van, under the facts of this case, constitutes an excessive fine, we affirm the trial court. http://www.tba.org/tba_files/TCA/hawksm_opn.wpd
KOCH CONCURRING http://www.tba.org/tba_files/TCA/hawksm_con.wpd
GLORIA G. NEUENSCHWANDER v. ROY P. NEUENSCHWANDER Court:TCA Attorneys: Ricky A.W. Curtis, Knoxville, Tennessee, for Appellant. Charles H. Child, Knoxville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Trial Judge refused to recuse, set amount of alimony, and established rental value of parties' property. On appeal we reverse the change in the amount of alimony by the Trial Court, but otherwise affirm. http://www.tba.org/tba_files/TCA/neuenschwanderg.wpd
JOHN L. POINTER, et al. v. TENNESSEE EQUITY CAPITAL CORPORATION et al. Court:TCA Attorneys: Adrian H. Altshuler, Charles G. Blackard, III, Brentwood, Tennessee, for the appellants, John L. Pointer, Victoria Pointer, and Pointer Oil Company, Inc. C. Bennett Harrison, Jr., J. Frank Rudy, Jr., Robert M. Garfinkle, Nashville, Tennessee, for the appellees, Tennessee Equity Capital Corporation and Walter Cohen. Judge: COTTRELL First Paragraph: A now defunct company and its owner sued a former creditor on the basis the creditor's control and management of the company damaged it so that it was no longer a profitable business, causing the stock to lose value. The trial court granted summary judgment to the defendants because the only competent evidence established that the company was never profitable and that no action by the defendants caused the demise of the company. We affirm. http://www.tba.org/tba_files/TCA/pointerj.wpd
CHRISTELL STAGGS v. WILLIAM E. SELLS, et al. Court:TCA Attorneys: Daryl A. Colson, Livingston, Tennessee, for the appellants, William Sells and wife, Betty Jean Sells. Onnie L. Winebarger, Byrdstown, Tennessee, for the appellee, Christell Staggs. Judge: CAIN First Paragraph: This case involves a claim of negligent misrepresentation in the sale of a home. The trial court found that Defendants' statements and actions constituted negligent misrepresentation of the condition of the property resulting in $25,000.00 in damages to Plaintiff. However, the trial court also found, applying principles of comparative fault, that Defendants were 60% at fault and Plaintiff was 40% at fault. A judgment of $15,000 was, thus, assessed against Defendants. Defendants appeal the court's finding of negligent misrepresentations, as well as the amount of damages determined by the court to be suffered by Plaintiff. We affirm. http://www.tba.org/tba_files/TCA/staggschristell.wpd
CORRECTED OPINION WILLIAMSON COUNTY, et al. v. TENNESSEE STATE BOARD OF EQUALIZATION Court:TCA Attorneys: Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant, Williamson County, Tennessee. James Charles and Jennifer Clinard Surber, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County. Donnie E. Wilson and Robert B. Rolwing, Memphis, Tennessee, for the appellant, Shelby County, Tennessee. Jean Dyer Harrison, Nashville, Tennessee, for the appellants, Tennessee City Governments and Tennessee County Governments. Paul G. Summers, Attorney General & Reporter; and Jimmy G. Creecy, Chief Special Counsel, Nashville, Tennessee, for the appellee, Tennessee State Board of Equalization. T. Arthur Scott, Jr. and Suzanne S. Cook, Kingsport, Tennessee, for the appellees, Appalachian Power Company and Kingsport Power Company. Brigid M. Carpenter, Nashville, Tennessee; James W. McBride, Washington, D.C.; and Stephen D. Goodwin, Memphis, Tennessee, for the Intervenors/Appellees, Coalition of Public Utilities. Everett B. Gibson, Memphis, Tennessee, for the Intervenors/Appellees, Colonial Pipeline Company, MCI Metro Access Transmission Services, Inc., MCI Telecommunications Corporation and Norfolk Southern Railway Company. Charles A. Trost and Michael G. Stewart, Nashville, Tennessee, for the Intervenor/Appellee, Tennessee Association of Business. Judge: CAIN First Paragraph: In this case, a consortium of counties and cities appeals the decision of the Chancery Court of Davidson County upholding the action of the Tennessee State Board of Equalization in applying depreciable life schedules forming a part of Tennessee Code Annotated section 67-5-903(f) to commercial and industrial tangible personal property and in holding that personal property is not constitutionally required to be valued at its actual value in the implementation of Tennessee Code Annotated section 67-5-1509(a). The only issues before this court are the constitutionality of Tennessee Code Annotated section 67-5-903(f) and Tennessee Code Annotated section 67-5- 1509(a). We hold both statutes to be constitutional and affirm the Chancellor. http://www.tba.org/tba_files/TCA/williamsonco.wpd
KENNETH MacARTHUR JOHNSON v. STATE OF TENNESSEE Court:TCCA Attorneys: R. Russell Mattocks, District Public Defender, for the Appellant, Kenneth MacArthur Johnson. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Doug Godbee, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Aggrieved of his second degree murder conviction, the petitioner seeks post-conviction relief, which was denied by the lower court after an evidentiary hearing. On appeal, the petitioner presents several issues of the ineffective assistance of counsel. We affirm the denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/johnsonkm.wpd
STATE OF TENNESSEE v. JOSEPH J. LEVITT, JR. Court:TCCA Attorneys: James A. H. Bell, Knoxville, Tennessee, for the appellant, Joseph J. Levitt, Jr. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; and Eric D. Christiansen, District Attorney General Pro Tem, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant drove up behind a vehicle which had halted because of a driver's license roadblock near Knoxville. He then proceeded onto the right shoulder to get around that vehicle and was stopped by the Tennessee Highway Patrol officer conducting the roadblock. What next occurred was highly disputed, but the events culminated with the defendant's being sprayed with Freeze, some of which was deflected back onto the officer, partially incapacitating him also. The defendant was charged with resisting arrest, reckless driving, and failure to carry and display a driver's license on demand. The reckless driving charge was nolle prosequi and, following a jury trial, the defendant was found not guilty of resisting arrest but was convicted of the driver's license charge, sentenced to ten days confinement, which was suspended, and ordered to pay a $50 fine and court costs. He timely appealed the conviction, arguing that the roadblock was unconstitutional. Based upon our review, we conclude that the roadblock was unconstitutional and that the officers lacked probable cause to stop the defendant's vehicle. Accordingly, we reverse the conviction and dismiss the charge. http://www.tba.org/tba_files/TCCA/levittjosephj.wpd
STATE OF TENNESSEE v. ANDERSON TOLIVER Court:TCCA Attorneys: Jerry H. Summers (on appeal) and Jerry S. Sloan (at trial), Chattanooga, Tennessee, for the appellant, Anderson Toliver. Paul G. Summers, Attorney General and Reporter; Angele Michele Gregory, Assistant Attorney General; William H. Cox, III, District Attorney General; and Kelli Black, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted in two indictments of aggravated child abuse and sentenced to concurrent nine-year sentences. He timely appealed, arguing that the evidence was insufficient, that the trial court erred in consolidating the indictments, in permitting evidence as to other similar offenses, and in not properly instructing the jury as to various matters, including lesser-included offenses. We conclude that any errors in this regard were harmless. Accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/toliveranderson_opn.wpd
TIPTON CONCURRING http://www.tba.org/tba_files/TCCA/toliveranderson_con.wpd
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