Opinion FlashAugust 1, 2002
Volume 8 Number 133
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
DALE PARISH v. MASSMAN CONSTRUCTION CO., et al. Court:TSC - Workers Comp Panel Attorneys: Lawrence W. White and R. Scott Vincent, Memphis, Tennessee, for the appellant, Dale Parish Sarannah L. McMurtry, Brentwood, Tennessee, for the appellees, Massman Construction Co. and St. Paul Fire & Marine Insurance Company Judge: LOSER First Paragraph: This workers' compensation appeal has been 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. In this appeal, the employee-appellant insists the trial court erred in finding (1) the employee's employment was not principally located in Tennessee, (2) the contract of hire was not made in Tennessee, and (3) the defendants waived their right to assert Tennessee does not have jurisdiction over the claim. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/parishd.wpd
ROBERT FRED JONES, et al. v. VICK IDLES (Adds dissenting opinion to opinion released Tuesday) Court:TCA Attorneys: Jerry Shattuck, Clinton, Tennessee, for the Appellant Vick Idles. Roger L. Ridenour, Clinton, Tennessee, for the Appellees Robert Fred Jones and Virginia Leigh Jones. Judge: SWINEY First Paragraph: Robert Fred Jones ("Plaintiff") sued Vick Idles ("Defendant") for damages resulting from an automobile accident. Defendant filed a counter-claim. After a jury trial on the issue of liability, the jury determined Plaintiff was 90% at fault and Defendant was 10% at fault. Plaintiff filed a motion for new trial on all claims which the Trial Court granted after stating neither party had met their burden of proof. Defendant appeals only the granting of a new trial to Plaintiff on the claims raised in Plaintiff's complaint. We affirm. http://www.tba.org/tba_files/TCA/jonesrf_opn.wpd
ROBERT FRED JONES, et al. v. VICK IDLES Court:TCA SUSANO DISSENTING http://www.tba.org/tba_files/TCA/jonesrf_dis.wpd
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