Opinion Flash

August 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.

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
01 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


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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