Opinion FlashJune 28, 2002Volume 8 — Number 112 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 DOXIE M. FRAYSER v. DENTSPLY INTERNATIONAL, INC. Court:TSC - Workers Comp Panel Attorneys: Donald A. Donati and William B. Ryan, Memphis, Tennessee, for the Plaintiff/Appellant, Doxie M. Frayser. Howard B. Hayden, Memphis, Tennessee, for the Defendant/Appellee, Dentsply International, Inc. Judge: LAFFERTY First Paragraph: This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found that Plaintiff's workers' compensation claim for an injury occurring in 1994, was barred by the statute of limitations and that the doctrine of equitable estoppel was not applicable to the case. We hold that an employer may not offer an employee an alternative benefit option that would circumvent Tennessee Workers' Compensation Law when the employer is aware that the employee's injury is work-related. As discussed below, the trial court's judgment is reversed and remanded in part and affirmed in part. http://www.tba.org/tba_files/TSC_WCP/frayserdm.wpd IN RE: AMENDMENTS TO RULES 9, 21, 25, AND 33, RULES OF THE SUPREME COURT OF TENNESSEE Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/bprrules9-21-25-33.wpd LORENZO CHILDRESS, JR., d/b/a SOUTHGATE MEDICAL GROUP v. UNION REALTY COMPANY, LTD., a Tennessee Limited Partnership, et al. Court:TCA Attorneys: R. Douglas Hanson, Memphis, Tennessee, for the appellant, Union Realty Company, Ltd. Bruce D. Brooke, Memphis, Tennessee, for the appellee, Lorenzo Childress, Jr., d/b/a Southgate Medical Group. Judge: FARMER First Paragraph: Plaintiff lessee in this case sued Defendant landlord for damages associated with loss of personal property, interruption of business, and lost profits which resulted from the collapse of a roof and flooding of Plaintiff's leased medical offices. The jury awarded Plaintiff $168,000.00 in damages. Defendant appeals, arguing that this is, in effect, a subrogation suit by Plaintiff's insurance carrier. We find no evidence that this is a subrogation suit and affirm judgment for Plaintiff. http://www.tba.org/tba_files/TCA/childresslorenzo.wpd JOHN DOE v. COMMISSIONER GEORGE W. HATTAWAY OF THE DEPARTMENT OF CHILDREN'S SERVICES OF THE STATE OF TENNESSEE Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Assistant Attorney General, Nashville, for the appellant, Commissioner George W. Hattaway of the Department of Children's Services of the State of Tennessee. Alan Everett, Knoxville, for the appellee, John Doe. Judge: SUSANO First Paragraph: John Doe filed a petition in the trial court challenging a final order of the Tennessee Department of Children Services ("DCS") validating a report of minor physical abuse of a student by Mr. Doe, the student's teacher. The trial court reviewed the record of the administrative law judge ("the ALJ"). Upon doing so, the court concluded that it "totally disagree[d] with all" of the ALJ's findings; it reversed DCS's final order. DCS appeals. We find and hold that the trial court lacked subject matter jurisdiction to review DCS's final order. Accordingly, we vacate the judgment of the trial court. http://www.tba.org/tba_files/TCA/doej.wpd JAN W. GAMBLE v. ALEX GRADY GAMBLE, III Court:TCA Attorneys: Jes Beard, Chattanooga, Tennessee, for the Appellant Alex Grady Gamble, III. Sandra J. Bott, Chattanooga, Tennessee, for the Appellee Jan W. Gamble. Judge: SWINEY First Paragraph: This appeal involves the second attempt of Alex Grady Gamble, III ("Husband") to modify his alimony obligations to Jan W. Gamble ("Wife"). In the initial divorce proceeding, the parties agreed to, and the Trial Court approved, the payment of "periodic" alimony to Wife which would vary depending on Wife's income, if any. The first time Husband sought modification of his alimony obligation, the parties agreed to fix the alimony payment at $700 per month. An agreed order was entered by the Trial Court reflecting this change. Over four years later, Husband filed a second petition to modify his alimony payment, essentially claiming Wife no longer was entitled to receive rehabilitative alimony. Wife filed a counter-petition seeking an increase in alimony. Wife also denied she was receiving rehabilitative alimony, claiming she was receiving alimony in futuro. The Trial Court agreed with Wife that the alimony payment was properly classified as alimony in futuro. The Trial Court also held Wife was entitled to an increase in alimony from $700 to $750 per month. Husband appeals both of these determinations. We affirm. http://www.tba.org/tba_files/TCA/gamblejw.wpd MITZI MOORE LYNE v. GEORGE "TIC" PRICE, Individually and in his official capacity as Head Basketball Coatch and DR. V. LANE RAWLINS, in his official capacity as President of The University of Memphis Court:TCA Attorneys: Stephen M. Markowitz, Memphis, Tennessee, for the Appellant, Mitzi Moore Lyne. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Leslie Ann Bridges, Senior Counsel, and William J. Marett, Jr., Assistant Attorney General, Nashville, Tennessee, for the Appellee, George "Tic" Price. Judge: LILLARD First Paragraph: This is an intentional interference with employment case. An at-will employee worked as a secretary for a university's athletic department. The employee was discharged when she allegedly refused to cooperate with her supervisor and remain silent about conduct she believed was illegal and in violation of the university's policies. The employee filed a lawsuit against, among others, her former supervisor in both his individual and his official capacities for intentional interference with her employment with the university. The trial court dismissed the complaint in its entirety. The employee appeals the dismissal of the claims against the former supervisor in his individual capacity. We reverse, finding that the employee's complaint states a cause of action based on the allegations that the employee's supervisor procured her discharge to further his own personal interests and for reasons unrelated to furthering the interests of the university. http://www.tba.org/tba_files/TCA/lynemm.wpd STATE OF TENNESSEE v. STEVEN LEE WHITEHEAD Court:TCCA Attorneys: Sam J. Watridge, Humboldt, Tennessee, for the appellant, Steven Lee Whitehead. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Steven Lee Whitehead, was convicted by a jury of three counts of rape. The trial court subsequently sentenced the Defendant to ten years in the Department of Correction for each conviction, with the sentences running concurrently. On direct appeal by the Defendant, this Court reversed all three convictions due to the trial court's failure to instruct the jury on sexual battery as a lesser-included offense of rape. See State v. Steven Lee Whitehead, No. W2000-01062-CCA-R3- CD, 2001 Tenn. Crim. App. LEXIS 732, at *68-69 (Jackson, Sept. 7, 2001). The State then filed an application for permission to appeal to our supreme court pursuant to Tennessee Rule of Appellate Procedure 11. The supreme court granted the State's application for the sole purpose of remanding the case to this Court for reconsideration in light of its recent opinion in State v. Allen, 69 S.W.3d 181 (Tenn. 2002). Upon reconsideration, we again reverse the Defendant's three convictions of rape and remand this matter for a new trial. http://www.tba.org/tba_files/TCCA/whiteheadsl_opn.wpd STATE OF TENNESSEE v. STEVEN LEE WHITEHEAD Court:TCCA MCGEE OGLE DISSENTING http://www.tba.org/tba_files/TCCA/whiteheadsl_dis.wpd Constitutionality of Amendment No. 2 to Senate Bill 1201/ House Bill 1767 Date: June 27, 2002 Opinion Number: 02-076 http://www.tba.org/tba_files/AG/2002/OP76.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! 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