Opinion FlashApril 29, 2002
Volume 8 Number 073
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.
There are three ways for TBALink members to get the full-text versions of these opinions from the Web:
Howard H. Vogel
HAMRICK'S, INC. v. DEBORAH ROY AND KEVIN SHEPHERD Court:TCA Attorneys: Kevin W. Shepherd, Maryville, Tennessee, for the Appellants Deborah Roy and Kevin Shepherd. Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellee Hamrick's, Inc. Judge: SWINEY First Paragraph: Deborah Roy ("Roy") was employed at Hamrick's, Inc. ("Hamrick's) and was provided health insurance through a self-funded company sponsored health insurance plan ("Plan") covered by ERISA. Roy was involved in an automobile accident. The driver of the other automobile, Mr. Nguyen, was responsible for the accident. Roy retained Kevin Shepherd ("Shepherd") to represent her in the lawsuit against Nguyen. Both Roy and Shepherd (collectively referred to as "Defendants") signed a Reimbursement Agreement ("Agreement") wherein they agreed to reimburse Hamrick's out of any proceeds collected in the underlying tort lawsuit for medical expenses related to the accident. Unbeknownst to Hamrick's, Roy settled her lawsuit against Nguyen for $25,000.00. Roy retained two-thirds of the proceeds and Shepherd retained one-third. Hamrick's filed this lawsuit seeking to enforce the Agreement and recover the sums it paid on Roy's behalf. The Trial Court entered judgment against both Defendants for their pro-rata share of the settlement proceeds due Hamrick's under the terms of the Agreement. Defendants appeal. We affirm. http://www.tba.org/tba_files/TCA/hamricks.wpd
STATE OF TENNESSEE v. ROBERT CARL HARBISON, JR. Court:TCCA Attorneys: Eric L. Davis, Franklin, Tennessee, for the appellant, Robert C. Harbison, Jr. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and T. Michel Bottoms, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of reckless aggravated assault and sentenced as a Standard Range I offender to two (2) years, with all but ten (10) days suspended. Viewing the evidence in the light most favorable to the State, we conclude there is sufficient evidence to support the jury's finding that the defendant acted recklessly in causing serious bodily injury to the victim. However, applying the appropriate factors for consideration, we conclude that the defendant is eligible for judicial diversion, and there is no substantial evidence to support the trial court's denial of the defendant's request for judicial diversion. Accordingly, the judgment of the trial court is affirmed in part and reversed and remanded in part. http://www.tba.org/tba_files/TCCA/harbisonrcjr.wpd
PLEASE FORWARD THIS E-MAIL!
GET A FULL-TEXT COPY OF AN OPINION!
SUBSCRIBE TO OPINION FLASH!
For the HTML Text Version:
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
To STOP receiving TBALink Opinion-Flash:
© Copyright 2002 Tennessee Bar Association