Opinion FlashDecember 27, 2001
Volume 7 Number 236
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
IN RE: ESTATE OF J. CRAWFORD MURPHY v. ROBERT A. MURPHY, et al. Court:TCA Attorneys: John T. McArthur, and Martha S. L. Black, Maryville, Tennessee, for the Appellant, Matthew Thompson Edward H. Hamilton, Sevierville, Tennessee, for the Appellee, Robert A. Murphy, Executor of the Estate of J. Crawford Murphy Judge: GODDARD First Paragraph: In this case the Probate Court held that the personal representative of the Estate of Mae Thompson Murphy did not have authority to dissent from the will of her husband, J. Crawford Murphy, and thereby take an elective share of his Estate. We find that T.C.A. 31-4-105 gives the personal representative this right and reverse the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/murphyjcra.wpd
DONNA SHARON PRESLEY v. CALVIN HERMAN SHADRICK, et al. In re: S.A.P. and S.M.P. Court:TCA Attorneys: Philip R. Crye, Jr., Clinton, Tennessee, for the Appellant, Donna Sharon Presley. Judith R. Whitfield, Oak Ridge, Tennessee, for the Appellees, Calvin Herman Shadrick and Willie Mae Shadrick. Judge: SWINEY First Paragraph: This is a custody and guardianship suit between petitioners, neither of whom is the biological or adoptive parent of the set of twins ("Children") who are at the center of this dispute. The parties in this appeal are, on one side, the Children's maternal great uncle and his wife, Calvin Herman Shadrick and Willie Mae Shadrick ("Shadricks"), and, on the other side, the children's paternal grandmother, Donna Sharon Presley ("Presley"). The Trial Court granted custody and guardianship of the Children to the Shadricks. Presley appeals. We affirm. http://www.tba.org/tba_files/TCA/presleyds.wpd
YOLANDA SOLOMON v. BRAD HAGER, et al. Court:TCA Attorneys: Christopher D. Heagerty, Knoxville, Tennessee, for the appellant, Allstate Insurance Company. James M. Davis, Morristown, Tennessee, for the appellee, Yolanda Solomon. Judge: SUSANO First Paragraph: This lawsuit finds its genesis in the construction of a residence. The plaintiff, Yolanda Solomon, filed suit against Allstate Insurance Company, alleging breach of contract and seeking damages and a bad faith penalty for Allstate's failure to pay her claim under a builder's risk policy covering her under-construction residence. Solomon later amended her complaint to seek additional damages under the Tennessee Consumer Protection Act. By way of a special verdict, the jury found (1) that the insurance policy provided coverage for Solomon's loss; (2) that Allstate had acted in bad faith in denying her claim; and (3) that Allstate had violated the Consumer Protection Act. As modified by the trial court, Allstate was ordered to pay $101,098, the full amount of the plaintiff's coverage less the deductible; a 25% bad faith penalty; $1,500 under the Consumer Protection Act; attorney's fees; discretionary costs; and prejudgment interest. Allstate appeals, challenging, among other things, the jury's finding of coverage, the assessment of the bad faith penalty, evidentiary and jury instruction rulings, and the amount of damages. We affirm. http://www.tba.org/tba_files/TCA/solomony.wpd
STATE OF TENNESSEE v. EUGENE FLOYD LOCKHART, a/k/a FLOYD E. LOCKHART Court:TCCA Attorneys: Robert J. Turner, Nashville, Tennessee, for the appellant, Eugene Floyd Lockhart, a/k/a Floyd E. Lockhart. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Philip H. Wehby, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant appeals the denial of probation for the five-year sentence he received for sexual battery by an authority figure, a Class C felony. He asserts that the record fails to support a conclusion that the statutory presumption of his eligibility for alternative sentencing has been rebutted. We modify the term of confinement and order supervised probation forthwith and remand the case to the trial court for imposition of appropriate conditions. http://www.tba.org/tba_files/TCCA/lockhartef.wpd
TERRY STEPHENS v. STATE OF TENNESSEE Court:TCCA Attorneys: Jesse N.H. Bacon, Madison, Tennessee (on appeal), and Lionel R. Barrett, Jr., Nashville, Tennessee (at trial), for the appellant, Terry Stephens. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Roger D. Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner appeals from the trial court's denial of his petition for writ of error coram nobis. In his petition, he alleged that his conviction should be set aside because the victim had recanted his testimony. Following a hearing, the trial court denied relief and the petitioner appealed. After a thorough review, we affirm the court's order of denial. http://www.tba.org/tba_files/TCCA/stephensterry.wpd
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