Opinion Flash
|
| 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 |
| 08 | 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 |
There are three ways for TBALink members to get the full-text versions of these opinions from the Web:
Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.
Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
DONALD PICKLESIMER v. MCKEE FOODS CORPORATION Court:TSC - Workers Comp Panel Attorneys: Robert D. Bradshaw, of Chattanooga, Tennessee, for appellant, Donald Picklesimer. J. Bartlett Quinn and Charles D. Lawson, of Chattanooga, Tennessee, for appellee, McKee Foods Corporation. Judge: THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann.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 awarded the employee 72 percent permanent partial disability to the body as a whole. The employee appealed insisting his disability was 100 percent. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/picklesimer.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0107.wpd
LAQUITA AILSWORTH v. AUTOZONE, INC., et al. Court:TCA Attorneys: John Montague, James S. Powell, Carroll C. Johnson, III, Memphis, TN, for Appellant Sam L. Crain, Jr., Memphis, TN, for Appellee Autozone, Inc. Robert A. Cox, James F. Horner, Memphis, TN, for Appellees S. Richard Bauman and Bauman Realty Company, Inc. Judge: HIGHERS First Paragraph: This appeal arises from the fall of the Appellant outside the Appellee store. The Appellant filed a complaint against the Appellees in the Circuit Court of Shelby County alleging that her injuries were proximately caused by the Appellees' negligence in allowing an icy condition to exist on the walkway in front of the store. The Appellees filed motions for summary judgment. The trial court granted the Appellees' motions for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellees by the Circuit Court of Shelby County. For the reasons stated herein, we reverse the trial court's decision. http://www.tba.org/tba_files/TCA/ailsworthlaquita.wpd
WALTER D. CUNNINGHAM and DAVID CUNNINGHAM v. JOHN F. PATTERSON Court:TCA Attorneys: Scott B. Peatross, Memphis, Tennessee, for the appellant, John F. Patterson. Clyde W. Keenan, Memphis, Tennessee, for the appellees, Walter D. Cunningham and David L. Cunningham. Judge: LILLARD First Paragraph: This is a tort case involving trespass, assault and battery. The plaintiffs, father and son, sued the defendant, the son's neighbor, after an altercation between the father and the neighbor. Following a bench trial, the trial court found, by a preponderance of the evidence, that the defendant committed trespass against the son, and assault and battery against the father, and the trial court awarded compensatory and punitive damages. The defendant neighbor appeals. We affirmed in part, reverse in part and modify, finding that there is not clear and convincing evidence to support an award of punitive damages, and that the evidence preponderates in favor of a reduced amount of compensatory damages. http://www.tba.org/tba_files/TCA/cunninghamwd.wpd
DONNA HOOVER HARRIS v. RULON T. HARRIS and PAIGE PEMBERTON WILLIAMS v. F. FORD BEACH, JR. Court:TCA Attorneys: James M. Allen, Memphis, TN, for Appellant G. Keith Rogers, Jr., Collierville, TN, for Intervenor/Appellee Judge: HIGHERS First Paragraph: This appeal involves a realtor's commission for a failed sale of real property that was jointly owned by parties to a divorce. Upon the divorce of the property owners, the court ordered that their residence be sold. Having a listing agreement with a realtor in place, a contract for the purchase of the property was signed. After difficulty consummating the sale, the realtor and the purchaser intervened in the divorce and were granted specific performance of the contract. The court's order set a closing date and an alternative divestiture closing date in case the parties again refused to cooperate. As contemplated by the court, the divorcing property owners failed to attend the closing and a date for the divestiture closing was set. A foreclosure was to occur, however, before the divestiture closing. One hour before the foreclosure, the purchaser under the contract acquired the note and allowed the foreclosure to proceed. The purchaser then acquired the remaining interest in the property at the foreclosure. The chancery court ordered the purchaser to pay to the realtor a commission on the amount paid for the note. The purchaser appealed, and for the following reasons, we reverse. http://www.tba.org/tba_files/TCA/harrisdh.wpd
IN RE: D.L.K., a Child Under 18 Years of Age STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. GLENDA ANN KINNIE Court:TCA Attorneys: Pamela Drewery-Rodgers, Selmer, Tennessee, for the appellant, Glenda Ann Kinnie. Paul G. Summers, Attorney General and Reporter, and Pamela A. Hayden-Wood, Nashville, Tennessee, for the appellee, State of Tennessee Department of Children's Services. Judge: LILLARD First Paragraph: This is a termination of parental rights case. The child was born with crack cocaine in his system and was admitted into the neonatal intensive care unit at birth. His mother did not visit him, and has no personal relationship with him. The State filed a petition for termination of the mother's parental rights based on abandonment and the fact that the child had been removed from his mother's custody for at least six months prior to the petition and the statutory preconditions had been met. The trial court granted the State's petition, finding that clear and convincing evidence supported the allegations, and that terminating the mother's parental rights was in the best interest of the child. We affirm. http://www.tba.org/tba_files/TCA/inredlk.wpd
SUZANNE JONES, et al. v. METRO ELEVATOR COMPANY, et al. Court:TCA Attorneys: Thomas K. McAlexander, Jackson, TN, for Appellant R. Douglas Hanson, Memphis, TN, for Appellee, Metro Elevator Company David J. Pflaum and Erik O. Thorngren, Nashville, TN, for Appellee, Wayne Tomlinson & Associates Judge: HIGHERS First Paragraph: This appeal involves claims for injuries sustained by the plaintiff while riding in an elevator. The plaintiff brought suit against numerous parties including the company managing the building and the company under contract to service the elevators in the building. The circuit court granted a motion for summary judgment as to the company managing the building. The case proceeded to trial, however, against the company under contract to service the elevators. After the circuit court refused to instruct the jury on the doctrine of res ipsa loquitur, the jury returned a verdict in favor of the elevator service provider. The plaintiff appeals the grant of summary judgment and the refusal to instruct the jury on the doctrine of res ipsa loquitur and for the following reasons, we affirm. http://www.tba.org/tba_files/TCA/joness.wpd
TERRY LITTLEJOHN v. BOARD OF PUBLIC UTILITIES OF PARIS, TENNESSEE Court:TCA Attorneys: Edward Robertson, Clarksville, TN, for Appellant Fred N. McLean, Paris, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from the personal injuries sustained by the Appellant as a result of an electrical shock he received while roofing a house in Henry County, Tennessee. The Appellant filed a complaint against the Appellee under the Governmental Tort Liability Act in the Circuit Court of Henry County. Following a bench trial, the trial court assessed thirty-five percent of the fault to the Appellant and sixty-five percent of the fault to the Appellee. The trial court found that the total amount of damages sustained by the Appellant was $25,000.00. The trial court reduced the total amount of damages by thirty-five percent which resulted in an award of damages to the Appellant in the amount of $16,250.00. The Appellant appeals the decision of the Circuit Court of Henry County assessing thirty- five percent of the fault to the Appellant and awarding damages in the amount of $16,250.00. For the reasons stated herein, we affirm in part and reverse in part the trial court's decision. http://www.tba.org/tba_files/TCA/littlejohnt.wpd
ROSE CONSTRUCTION, INC. v. RAINTREE DEVELOPMENT COMPANY, LLC Court:TCA Attorneys: Christopher M. Caputo, Michael I. Less, and Clifton M. Lipman, Memphis, Tennessee, for the appellant, Rose Construction, Inc. Larry E. Parrish, Memphis, Tennessee, for the appellee, Raintree Development, LLC. Judge: LILLARD First Paragraph: This is an arbitration case. The plaintiff construction company agreed to construct the defendant developer's planned development project. When disputes arose out of the parties' performance, they terminated the contract. The parties then entered into arbitration. The arbitration panel found in favor of the plaintiff for $974,068.00 plus interest, including a $250,000 award for attorney's fees. The plaintiff filed an action in the chancery court, seeking confirmation of the award. The defendant asked the chancery court to vacate the arbitration award. The trial court vacated the entire award, finding that the arbitration panel exceeded its authority in awarding attorney's fees. The plaintiff construction company appeals. We reverse, finding that the award of attorney's fees is authorized under the parties' contract, and remand the case for confirmation of the arbitration award in toto. http://www.tba.org/tba_files/TCA/rose.wpd
EVA WOODS v. COUNTY OF DYER, et al. Court:TCA Attorneys: Charles M. Agee, Jr., Dyersburg, TN, for Appellant J. Michael Gauldin, Dyersburg, TN, for Appellees Judge: HIGHERS First Paragraph: This appeal arises from the Appellees' denial of an application for a beer permit filed by the Appellant. The Appellant filed a petition for writ of certiorari against the Appellees in the Circuit Court of Dyer County. Following a hearing on the petition for writ of certiorari, the trial court affirmed the decision of the Appellees and dismissed the petition for writ of certiorari. The Appellant appeals the dismissal of the petition for writ of certiorari by the Circuit Court of Dyer County. For the reasons stated herein, we affirm the trial court's decision. http://www.tba.org/tba_files/TCA/woodseva.wpd
STATE OF TENNESSEE v. JERRY RAY DAVIDSON Court:TCCA Attorneys: Brock Mehler, Nashville, Tennessee (appeal only); Michael J. Love (trial and appeal); Collier W. Goodlett, Clarksville, Tennessee (trial only), for appellant, Jerry Ray Davidson. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Alice B. Lustre, Assistant Attorney General; Dan Alsobrooks, District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Jerry Ray Davidson, was found guilty by a jury of premeditated first degree murder and aggravated kidnapping. Thereafter, the jury sentenced the appellant to death based upon the finding of three aggravating circumstances: the appellant had previously been convicted of one or more violent felonies; the murders were knowingly committed while the appellant was engaged in committing a felony, i.e., aggravated kidnapping; and the appellant knowingly mutilated the body of the victim after death. The appellant received a consecutive twenty year sentence for the kidnapping conviction. On appeal, the appellant raises the following issues: 1. Whether the trial erred when it denied the appellant's motions to change venue, strike the venire and grant additional peremptory challenges; 2. Whether the evidence is sufficient to sustain the convictions; 3. Whether a witness for the prosecution should have been allowed to offer opinion testimony; 4. Whether the trial court correctly instructed the jury about the unanimity of its verdict; 5. Whether the jury's verdict is proper; 6. Whether the prosecutor has unlimited discretion in seeking the death penalty; 7. Whether the death penalty is imposed in a discriminatory manner; and 8. Whether Tennessee courts employ an adequate proportionality review. Having thoroughly considered all of these issues and having fully reviewed the appellate record in this case, we affirm the convictions and the sentence of death imposed for first degree murder. http://www.tba.org/tba_files/TCCA/davidsonjr.wpd
PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.
GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.
JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/
SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!
For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
Home • Contact Us • PageFinder • What's New • Help
|
© Copyright 2002 Tennessee Bar Association
|