Opinion FlashMay 16, 2002
Volume 8 Number 86
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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Howard H. Vogel
COURTNEY BROWN v. BRIDGESTONE/FIRESTONE, INC. Court:TSC - Workers Comp Panel Attorneys: Mary M. Little, McMinnville, Tennessee, for the appellant, Bridgestone/Firestone, Inc. B. Keith Williams, Lebanon, Tennessee, for the appellee, Courtney Brown. Judge: WEATHERFORD First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals the judgment of the trial court awarding the employee 50% permanent partial disability for disfigurement pursuant to Tennessee Code Annotated S 50-6-207(3)(E) for scarring resulting from a friction burn sustained when her left hand got caught in a conveyor belt while working for the employer. We hold that the evidence does not preponderate against the trial court's findings. Accordingly, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/browncourtney.wpd
JIMMY E. CAMPBELL v. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Judge: Koch First Paragraph: Both Jimmy E. Campbell and the Tennessee Department of Correction have filed timely Tenn. R. App. P. 39 petitions requesting this court to reconsider its April 19, 2002 opinion. Having given these petitions our careful consideration, we have determined that Mr. Campbell's petition should be granted in part and that the Department's petition should be denied. http://www.tba.org/tba_files/TCA/campbellje_reh.wpd
IN THE MATTER OF: J.E.F. and M.A.F. Court:TCA Attorneys: Mitchell B. Dugan, Dickson, Tennessee, for the appellant, P.F.R. Paul G. Summers, Attorney General & Reporter; Dianne Stamey Dycus, Deputy Attorney General, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: The trial court terminated the parental rights of the mother of two teenagers, on the grounds of failure to follow a permanency plan and failure to remedy the conditions that led to the children's removal from her custody. We affirm. http://www.tba.org/tba_files/TCA/jefandmaf.wpd
KLOSTERMAN DEVELOPMENT CORP. v. OUTLAW AIRCRAFT SALES, INC., et al. Court:TCA Attorneys: Charles C. Morrow, Nashville, For Appellant, Klosterman Development Corporation Paige Waldrop Mills, Jody E. O'Brien, Nashville, For Appellees Outlaw Aircraft Sales, Inc. and David Cole Judge: CRAWFORD First Paragraph: This case involves a contract for the sale of an aircraft. By amended complaint, plaintiff- purchaser sued seller and seller's agent for rescission of the contract and defendant-seller, by counter-claim, sought the amount due for repairs made on the aircraft pursuant to the contract. The trial court ordered the contract rescinded but failed to make provisions to put the parties in status quo. The purchaser, seller's agent, and seller appeal. We reverse the judgment of the trial court as it pertains to seller's agent, modify the judgment for rescission to include provisions of restoring the status quo of the parties. The judgment is affirmed as modified. http://www.tba.org/tba_files/TCA/klostermandevelopment.wpd
DENNIS OSA OSAGIE v. PEAKLOAD TEMPORARY SERVICES Court:TCA Attorneys: Dennis Osa Osagie, Nashville, Tennessee, Pro Se. Elizabeth A. Alexander, Nashville, Tennessee, for the appellee, Peakload Temporary Services, Inc. Judge: CANTRELL First Paragraph: An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court. http://www.tba.org/tba_files/TCA/osagiedo.wpd
CAROLINE ELIZABETH SMITH v. MARK O. SMITH Court:TCA Attorneys: Gary M. Williams, Hendersonville, Tennessee, for the appellant, Caroline Elizabeth Smith. Michael W. Edwards, Hendersonville, Tennessee, for the appellee, Mark O. Smith. Judge: KILCREASE First Paragraph: This is an appeal by appellant Caroline Elizabeth Smith from an order of the trial court which provided that the custody of the minor children of Caroline Elizabeth Smith and Mark O. Smith shall remain in the custody of Mark O. Smith. We affirm the trial court. http://www.tba.org/tba_files/TCA/smithcaroline.wpd
SOUTHWEST WILLIAMSON COUNTY COMMUNITY ASSOCIATION, et al. v. J. BRUCE SALTSMAN, SR., Court:TCA Attorneys: David E. Lemke, Nashville, Tennessee, for the appellants, Southwest Williamson County Community Association, William B. Caldwell, and Micaro Properties. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Michael W. Catalano, Associate Solicitor General, for the appellee, J. Bruce Saltsman, Sr., Commissioner, Tennessee Department of Transportation. Judge: CANTRELL First Paragraph: A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court. http://www.tba.org/tba_files/TCA/williamsonc.wpd
MARILYN ANN YOUNT v. BRUCE WAYNE YOUNT Court:TCA Attorneys: Michael S. Bligh, Nashville, Tennessee, for the appellant, Bruce Wayne Yount. Frank J. Runyon, II and Raymond F. Runyon, Clarksville, Tennessee, for the appellee, Marilyn Ann Yount. Judge: CANTRELL First Paragraph: The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly. http://www.tba.org/tba_files/TCA/yountma.wpd
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