Opinion FlashApril 3, 2002Volume 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.
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Howard H. Vogel 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 PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN TBALink! 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