Opinion Flash

April 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.

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
09 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
07 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


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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