Opinion Flash

May 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.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
07 New Opinion(s) from the Tennessee Court of Appeals
00 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


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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