Opinion Flash

April 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.

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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


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

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