Opinion Flash

April 3, 2002
Volume 8 — Number 060

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


DAVID BOLES v. KIRT T. LAMB d/b/a, LAMB OIL COMPANY

Court:TSC - Workers Comp Panel

Attorneys:   

James H. Tucker, Jr., Nashville, Tennessee, for the appellant, Kirt T.
Lamb d/b/a Lamb Oil Company.

Melaney G. Madewell, Cookeville, Tennessee, for the appellee, David
Boles.

Judge: INMAN

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
plaintiff drove a gas transport truck for eight years before he fell
from the tanker following an inspection of it.  After an initial
onslaught of pain he resumed his duties.  The day following, the pain
returned, which he attributed to kidney stones.  Three months later, a
diagnosis of mid-back and low-back disc problems was made.  Causation
was vigorously disputed, since the plaintiff had a long history of
pre- accident problems.  Recovery was allowed.  We affirm.

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

Norman Cooper, et al. v. John C. Polos, et al.

Court:TCA

Attorneys:    

Eugene B. Dixon, Maryville, Tennessee, for the Appellants John C.
Polos and Diane Cleveland.


Arthur B. Goddard, Maryville, Tennessee, for the Appellees Norman
Cooper and Ina M. Cooper.                       
                     

Judge: SWINEY

First Paragraph:

Norman and Ina Cooper ("Plaintiffs") filed this lawsuit after John
Polos ("Polos") installed a gate on a right-of-way over his land
utilized by Plaintiffs.  According to Plaintiffs, the gate was not
necessary to Polos' use and enjoyment of his land, and created a great
burden on Plaintiffs to have to open and close the gate to gain entry
to their land.  Polos claimed the gate was necessary for his use and
enjoyment of his land because of safety concerns in that the
right-of-way was being used by trespassers to gain entry to his and
his neighbors' land to engage in illegal activity.  The Trial Court
agreed with Plaintiffs, and permanently enjoined Polos from
maintaining a gate on the right-of-way.  This is the second appeal to
this Court.  We reverse the judgment of the Trial Court and remand for
further proceedings.

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

STATE OF TENNESSEE v. JERRY  McGAHA

Court:TCCA

Attorneys:

Edward C. Miller, Public Defender, Dandridge, Tennessee, for the
appellant, Jerry McGaha.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Alfred C. Schmutzer, Jr.; and Ronald C.
Newcomb, Assistant District Attorney General, for the appellee, State
of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Jerry McGaha, pled guilty, pursuant to a plea
agreement, to nine counts of rape of a child.  After a sentencing
hearing, the trial court sentenced the Defendant to twenty-five years
for each count with counts one through seven running concurrently with
each other and counts eight and nine running concurrently with each
other.  However, counts eight and nine were to be served consecutively
to counts one through seven.  On appeal the Defendant contends that
the trial court erred in sentencing him to twenty-five (25) years on
each count and in ordering counts eight and nine to be served
consecutively to counts one through seven.  We modify the sentences
imposed by the trial court.

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

STATE OF TENNESSEE v. NATHAN SCOTT POTTER

Court:TCCA

Attorneys:

Thomas McKinney, Jr., and Clyde L. Tootle, Kingsport, Tennessee, for
the appellant, Nathan Scott Potter.

Paul G. Summers, Attorney General & Reporter; Gill Robert Geldreich,
Assistant Attorney General; and Robert Montgomery, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Nathan Scott Potter, was convicted as a habitual
offender under the Motor Vehicle Habitual Offenders Act.  See Tenn.
Code Ann. SS 55-10-601 to 618.  In this appeal of right, the defendant
argues that the petition should have been dismissed for failure to
comply with the Tennessee Rules of Civil Procedure.  The judgment is
affirmed.

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

STATE OF TENNESSEE v. NATHAN SCOTT POTTER

Court:TCCA

TIPTON CONCURRING

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

STATE OF TENNESSEE v. EARL STANLEY WILLIAMS

Court:TCCA

Attorneys:

Timothy L. Edington, Knoxville, Tennessee, for the Appellee, Earl
Stanley Williams.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; James N. Ramsey, District Attorney
General; and Jan Hicks, Assistant District Attorney General, for the
Appellant, State of Tennessee.                        

Judge: WITT

First Paragraph:

The state appeals from the Anderson County Criminal Court's dismissal
of its petition alleging Earl Stanley Williams to be a motor vehicle
habitual offender.  Because we hold that the lower court improperly
dismissed the petition, we reverse the dismissal, reinstate the
petition, and remand for further proceedings.

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

STATE OF TENNESSEE v. EARL STANLEY WILLIAMS

Date: March 27, 2002

Opinion Number: 02-036                         

http://www.tba.org/tba_files/AG/OP36.pdf

HB 3162/SB 3090 - Residency Requirement for Candidates for County
Legislative Body - Delegation of Authority to Set Residency
Requirement to County Legislative Body - Constitutionality

Date: April 1, 2002

Opinion Number: 02-037                         

http://www.tba.org/tba_files/AG/OP37.pdf

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