Opinion FlashApril 23, 2002
Volume 8 Number 069
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
IN RE: PROPOSED TENNESSEE RULES OF PROFESSIONAL CONDUCT Court:TSC - Rules ORDER SCHEDULING ORAL ARGUMENT http://www.tba.org/tba_files/TSC_Rules/conductord.wpd
TROI BAILEY, SPRINT LOGISTICS, LLC AND SPRINT WAREHOUSE AND CARTAGE, INC. v. CITY OF LEBANON, TENNESSEE Court:TCA Attorneys: John E. Quinn, Nashville, Tennessee, for the appellant City of Lebanon, Tennessee. Tonya M. Crownover, Nashville, Tennessee, for the appellee, Troi Bailey. Lawrence Alan Poindexter, Lebanon, Tennessee, for the appellees, Sprint Logistics, LLC, and Sprint Warehouse and Cartage, Inc. Judge: KILCREASE First Paragraph: This is an appeal by appellant, City of Lebanon, Tennessee (hereinafter "City of Lebanon") from an order of the trial court awarding damages to the appellee Troi Bailey (hereinafter "Mr. Bailey") and appellees Sprint Logistics, LLC and Sprint Warehouse and Cartage, Inc.(hereinafter collectively "Sprint"), resulting from a motor vehicle accident. We affirm the trial court. http://www.tba.org/tba_files/TCA/baileyt.wpd
ALEXANDER L. BAXTER v. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: Alexander L. Baxter, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Mark A. Hudson, Senior Council, Office of the Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Correction. Judge: LILLARD First Paragraph: This case involves a petition for writ of certiorari based on a prison disciplinary proceeding. The inmate was found guilty of a disciplinary infraction by the prison disciplinary board. After his appeal to the prison warden was denied, the inmate filed a petition for a writ of certiorari, alleging numerous violations of his due process rights. The trial court dismissed the petition and Baxter now appeals. We affirm, finding that the sanctions imposed for the infraction did not rise to the level of interfering with the inmate's protected liberty interest and, therefore, did not trigger due process protections. http://www.tba.org/tba_files/TCA/baxteral.wpd
DORIS JEAN BRYANT v. TENNESSEE CONFERENCE OF THE UNITED METHODIST CHURCH Court:TCA Attorneys: James L. Harris, Nashville, Tennessee, for the appellant, Doris Jean Bryant. Lisa M. Carson, Franklin, Tennessee, for the appellee, Tennessee Conference of the United Methodist Church. Judge: LILLARD First Paragraph: This is an employment discrimination case. The plaintiff is a black female who worked for the defendant religious organization full-time in a secretarial position. In 1998, the plaintiff expressed an interest in a part-time position with the religious organization as communications director, in addition to her full-time secretarial position. The religious organization decided to combine the position of communications director with a newly created position of director of disaster relief. The combined full-time position was offered to a white male. The plaintiff sued for racial discrimination under the Tennessee Human Rights Act. At the conclusion of the evidence, the trial court granted the organization's motion for directed verdict, finding that the plaintiff was not qualified for the combined position, and, in the alternative, that the position fell under the ministerial exception to the Tennessee Human Rights Act. The plaintiff now appeals. We affirm, finding that the plaintiff failed to produce evidence sufficient to infer that her race was a factor in the religious organization's decision to combine the two positions. http://www.tba.org/tba_files/TCA/bryantdj.wpd
STEPHEN B. CANTRELL, DDS, MD v. MARTIN SIR Court:TCA Attorneys: Stephanie C. Hatchett, Nashville, TN, for Appellant Winston S. Evans, Phillip Byron Jones, Nashville, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal involves a trial court's grant of summary judgment, which dismissed a doctor's claim for malicious prosecution against an attorney. The attorney had drafted a complaint for a former patient of the doctor that was filed by the patient pro se several years prior to the initiation of the present suit. The patient's claim was ultimately dismissed, prompting the doctor to file suit against the attorney who drafted the complaint. The trial court found that the doctor was unable to show a basis for finding malice or damages and granted summary judgment in favor of the attorney. For the following reasons, we affirm. http://www.tba.org/tba_files/TCA/cantrells.wpd
CHATTANOOGA AREA REGIONAL TRANSPORTATION AUTHORITY v. GERALD D. AUTRY, et al. Court:TCA Attorneys: Charles G. Wright, Jr., Chattanooga, Tennessee, for the Appellant, Gerald D. Autry George M. Derryberry, Chattanooga, Tennessee, for the Appellee, Chattanooga Area Regional Transportation Authority Judge: GODDARD First Paragraph: This is an appeal by a former employee, Gerald D. Autry, of Chattanooga Area Regional Transportation Authority, seeking unemployment benefits. The Chancellor overturned the determination of the three separate Administrative Tribunals and found Mr. Autry was not entitled to unemployment compensation. We affirm. http://www.tba.org/tba_files/TCA/cartaau.wpd
CURTIS MICHAEL DANIELS v. MARY FREELS DANIELS Court:TCA Attorneys: Selma Cash Paty, Chattanooga, TN, for the Appellant, Mary Freels Daniels Howard L. Upchurch, Pikeville, TN, for the Appellee, Curtis Michael Daniels Judge: GODDARD First Paragraph: This appeal from the Circuit Court of Rhea County questions whether the Trial Court erred in failing to award Ms. Daniel any portion of Mr. Daniel's retirement benefits, whether the Trial Court erred in dividing the marital estate, and whether the Trial Court erred in failing to award Ms. Daniels rehabilitative alimony. We affirm the judgment of the Trial Court in part and reverse in part. http://www.tba.org/tba_files/TCA/danielscurt.wpd
LYNWARD LEVY JACKSON v. JOYCE H. ALLEN and BILLY R. ALLEN Court:TCA Attorneys: Steven C. Girsky, Batson, Nolan, Brice, Harvey & Williamson of Clarksville, Tennessee, attorney for the appellants, Joyce H. Allen and Belly R. Allen. Herbert E. Patrick of Clarksville, Tennessee, for the appellee, Lynward Levy Jackson. Judge: LILLARD First Paragraph: This is a personal injury case. The plaintiff sued the defendants for back injuries he sustained in a car accident. The jury returned a verdict in favor of the plaintiff on several elements of damage, including damages for permanent injury and for future pain and future loss to enjoyment of life. The defendants moved for judgment notwithstanding the verdict on these elements of damage only. The trial judge denied the motion. The defendants now appeal. We affirm, finding that material evidence exists to support the jury's conclusion that the accident partially caused the plaintiff's injuries. http://www.tba.org/tba_files/TCA/jacksonll.wpd
THOMAS JAMES MILAM, JR. v. DONNA LISA VINSON MILAM Court:TCA Attorneys: Helen Sfikas Rogers and Thomas F. Bloom, Nashville, Tennessee, for the appellant, Thomas James Milam, Jr. D. Scott Parsley, Nashville, Tennessee, for the appellee, Donna Lisa Vinson Milam. Judge: CANTRELL First Paragraph: By decree the husband was ordered to pay $4500 per month in child support and $2500 per month in alimony for forty-eight months. After a change in his employment, Husband petitioned the court for a reduction in alimony and child support. The trial court denied the petition and ordered the husband to pay the wife's attorney's fees. We affirm. http://www.tba.org/tba_files/TCA/milamtj.wpd
KAREN MOUNTJOY v. CITY OF CHATTANOOGA Court:TCA Attorneys: Kenneth O. Fritz, Michael Alan McMahan and Randall Lee Nelson, Chattanooga, Tennessee, for the Defendant/Appellant, the City of Chattanooga Gregory Brent Burks and James R. Kennamer, Chattanooga, Tennessee, for the Plaintiff/Appellee, Karen Mountjoy Judge: GODDARD First Paragraph: In this case the Defendant/Appellant, the City of Chattanooga, contends that there is insufficient evidence to support the jury's verdict that it retaliated against the Plaintiff/Appellee, Karen Mountjoy, for filing a complaint of sexual harassment, that the amount of the jury's verdict was excessive or speculative and that the Trial Court abused its discretion in its award of attorney fees and discretionary costs. We affirm the judgment of the Trial Court and remand for collection of costs below. http://www.tba.org/tba_files/TCA/mountjoyk_opn.wpd
KAREN MOUNTJOY, et al. v. CITY OF CHATTANOOGA Court:TCA SWINEY DISSENTING http://www.tba.org/tba_files/TCA/mountjoyk_dis.wpd
STATE OF TENNESSEE v. JACK CLAYTON MOBERLY, JR. Court:TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, Jack Clayton Moberly, Jr. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Suzanne M. Lockert, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Jack Clayton Moberly, Jr., was convicted by a Dickson County Circuit Court jury of aggravated robbery, a Class B felony, conspiracy to commit robbery, a Class D felony, and aggravated assault, a Class C felony. The trial court sentenced him as a Range I, standard offender to concurrent sentences of ten years for the aggravated robbery conviction, two years for the conspiracy to commit robbery conviction, and four years for the aggravated assault conviction. The defendant appeals his aggravated robbery conviction, claiming that the indictment fails to allege that offense. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/moberlyjackclayton.wpd
Proposed Income Tax effect on Retirement Plans Date: April 12, 2002 Opinion Number: 02-045 http://www.tba.org/tba_files/AG/OP45.pdf
Lake County General Sessions Judge as Part-Time Position Date: April 15, 2002 Opinion Number: 02-046 http://www.tba.org/tba_files/AG/OP46.pdf
Salary of New Lake County General Sessions Judge Date: April 15, 2002 Opinion Number: 02-047 http://www.tba.org/tba_files/AG/OP47.pdf
Multi-County Utility District Water Tap Policy Date: April 16, 2002 Opinion Number: 02-048 http://www.tba.org/tba_files/AG/OP48.pdf
Multicandidate Political Campaign Committee as "Individual" under Tenn. Code Ann. 2-10-310 Date: April 17, 2002 Opinion Number: 02-049 http://www.tba.org/tba_files/AG/OP49.pdf
The City Paper as Newspaper of General Circulation for Publication of Official Notices Date: April 17, 2002 Opinion Number: 02-050 http://www.tba.org/tba_files/AG/OP50.pdf
Authority of Utility District to Charge Fee When Sewer Service is Available But Not Connected Date: April 22, 2002 Opinion Number: 02-051 http://www.tba.org/tba_files/AG/OP51.pdf
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