Opinion Flash

February 28, 2002
Volume 8 — Number 037

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
03 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


JOHN PITT, II d/b/a PITT EXCAVATING v. TYREE ORGANIZATION LIMITED and
DOUG SUESS d/b/a DOUG SUESS CONCRETE

Court:TCA

Attorneys:

Tom Corts, Nashville, For Appellant, Doug Suess d/b/a Doug Suess
Concrete

Reid D. Leitner, Nashville, For Appellee, John Pitt, II, d/b/a Pitt
Excavating

Robert Orr, Jr., Nashville, For Appellee, Tyree Organization Limited

Judge: CRAWFORD

First Paragraph:

This is a declaratory judgment action involving the interpretation and
application of an indemnification provision contained in a
construction contract. Defendant, Doug Suess d/b/a Doug Suess Concrete
(hereinafter "Suess"), appeals from the final order of the trial court
granting summary judgment to both plaintiff, John Pitt, II d/b/a Pitt
Excavating (hereinafter "Pitt") and defendant, Tyree Organization
Limited (hereinafter "Tyree").  We reverse.

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

RUTHERFORD COUNTY v. MARTHA JORDAN WILSON, et al.

Court:TCA

Attorneys:

Andree Sophia Blumstein, William L. Harbison, Nashville, Tennessee,
for the appellant, Cathey Baskin.

Larry K. Tolbert, Murfreesboro, Tennessee, for the appellees, Martha
Jordan Wilson, Jane Maurice Wilson and Diane Wilson McCord.                       

Judge: COTTRELL

First Paragraph:

This appeal involves a dispute over the interpretation of a grant of
real property giving a life estate to the grantor's daughter with the
remainder to go to the "heirs of her body" and, if at her death there
were none, to the grantor's heirs at law.  Rutherford County condemned
a portion of the property, and the parties dispute apportionment of
the condemnation proceeds.  The life tenant is still living;
therefore, her life estate has not terminated.  However, the widow of
the life tenant's deceased son claims that she has a one sixth (1/6)
interest in the property because her husband owned a vested
transmissible interest in the remainder, which passed in part to his
widow on his death by intestate succession.  The trial court found
that Tennessee's statute governing class gifts requires that the son's
issue, living at the termination of the life estate, would take his
share of the remainder.  Therefore, the widow would not be entitled to
a portion of the remainder.  The widow now appeals to this court.  For
reasons discussed herein, we affirm the trial court's determination
that the widow had no interest in the remainder.

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

TRAVELERS INDEMNITY COMPANY v. KENTON FREEMAN, et al.

Court:TCA

Attorneys:  

John D. Schwalb, Nashville, Tennessee, for the appellant, Travelers
Indemnity Company.

Steven A. Riley, Gregory S. Reynolds and Chris L. Vlahos, for the
appellee Kenton Freeman, individually, and as next friend of Will
Freeman.
                    
Judge: GODDARD

First Paragraph:

Travelers Indemnity Company [Travelers] filed a complaint for a
declaratory judgment respecting its liability to pay UM coverage for
the minor child of its policyholder who was divorced from the child's
mother, with joint custody having been awarded.  Mother was killed in
a traffic accident in Alabama; her passenger child was injured. 
Mother owned and was driving her automobile, and she also had UM
coverage.  The adverse driver had split liability coverage all of
which was paid, in equal parts, to the Administrator of the mother's
estate, and to the minor child.  Mother's UM carrier paid its entire
policy proceeds to her administrator.  Travelers objected, inter alia,
to the lack of allocation of the proceeds of mother's UM coverage. 
Travelers' insured, on behalf of his minor child, filed a
counter-claim against Travelers for the entire UM coverage,
notwithstanding an amount certain had never been determined.  The
court found that Travelers had never disputed that the value of the
minor child's claim exceeded the UM coverage and rendered a summary
judgment against Travelers for an amount certain.  We vacate and
remand.

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

STATE OF TENNESSEE v. MARIO RICKY ORLANDO PRINTIS

Court:TCCA

Attorneys:      

David L. Hamblen, Union City, Tennessee (at trial), C. Michael
Robbins, Memphis, Tennessee, and Kevin McAlpin, Dresden, Tennessee (on
appeal), for the Appellant, Mario Ricky Orlando Printis.

Paul G. Summers, Attorney General & Reporter; Angele M. Gregory,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and James Cannon, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Mario Ricky Orlando Printis appeals from his convictions of driving
under the influence and evading arrest.  He questions the sufficiency
of the evidence that he committed Class D felony evading arrest, as
opposed to the Class E form of that crime, and he complains that the
trial court sentenced him too harshly.  Because we are unpersuaded, we
affirm the convictions and sentences imposed.  Due to an omission from
the DUI judgment form, however, we modify that judgment to correspond
with the lower court's pronouncements at the sentencing hearing.

http://www.tba.org/tba_files/TCCA/printism.wpd

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