Opinion FlashAugust 19, 2002
Volume 8 Number 144
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):
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Howard H. Vogel
JANET BACA v. LIBERTY MUTUAL INSURANCE COMPANY AND IH SERVICES, INC. Court:TSC - Workers Comp Panel Attorneys: Jimmy W. Bilbo, of Cleveland, Tennessee, for Appellant, Janet Baca. David C. Nagle, of Chattanooga, Tennessee, for Appellees, Liberty Mutual Insurance Company and IH Services, Inc. Judge: BYERS 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. The plaintiff appeals the trial judge's decision that the plaintiff's medical proof was insufficient to establish causation. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/baca.wpd
GEORGE WAYNE GREER v. HEILIG-MYERS FURNITURE, et al. Court:TSC - Workers Comp Panel Attorneys: Clint Woodfin and Nick Peterson, of Knoxville, Tennessee, for Appellants, Heilig-Myers Furniture and Kemper Insurance Company. Anthony Alan Seaton, of Johnson City, Tennessee, for Appellee, George Wayne Greet. Judge: THAYER 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. The trial court awarded the employee 70 percent permanent partial disability to the body as a whole. The employer contends the evidence preponderates against the award and that the employee made a meaningful return to work. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/greerg.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0819.wpd
COOPER MANAGEMENT, LLC v. PERFORMA ENTERTAINMENT, INC., a/k/a PERFORMA ENTERTAINMENT REAL ESTATE, INC. Court:TCA Attorneys: Randall J. Fishman, Frierson M. Graves, Jr., Memphis, TN, for Appellant J. Richard Rossie, David A. Billions, Memphis, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal involves a chancery court's decision to hold an enjoined party in both civil and criminal contempt for failing to abide by an injunction. The injunction required the enjoined party to remove a tent structure from certain property within a reasonable time. The enjoined party was also ordered to refrain from placing further encroachments on the property. Following a petition for contempt, the court found that the enjoined party had failed to remove the tent structure within a reasonable time and had, instead, placed more items on the property. Accordingly, the court found the enjoined party in civil and criminal contempt. Under the civil contempt charge, the enjoined party was sentenced to jail until he complied with the court's order. For the criminal contempt charge, the court ordered the party to serve seven days in jail. Five days into the enjoined party's sentence, he complied with the court's order and was released on bond. He now appeals the remaining two days on his sentence. For the following reasons, we affirm in part, reverse in part, and remand this case to the chancery court for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/coopermgmnt.wpd
JOYCE MARIE HOWELL v. PHILLIP DAVID HOWELL Court:TCA Attorneys: Don G. Owens, III, Memphis, TN, for Appellant James F. Butler, Jackson, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a action for divorce. Following lengthy litigation, the trial court valued and divided the parties' marital property, refused to grant the wife alimony in futuro, forgave an arrearage in alimony pendente lite owed by the husband, and ordered each party to pay their own attorney's fees. Wife filed this appeal and now argues that the court erred in its valuation and distribution of marital assets, refusal to grant her alimony, refusal to award attorney's fees, and forgiveness of the husband's arrearage. For the following reasons, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/howelljm_opn.wpd
JOYCE MARIE HOWELL v. PHILLIP DAVID HOWELL Court:TCA Judge: CRAWFORD CONCURRING AND DISSENTING http://www.tba.org/tba_files/TCA/howelljm_dis.wpd
DARRELL W. PHILLIPS v. DR. FAISAL SHAMSHAD, RALPH GROMLEY, MARI RICHARDS, BILL HARBER, JIM BLANKENSHIP, JEFFREY JOHNSON, JOHN KELLY, VICKIE KIRBY, STEVE VAUGHN, ANTHONY FREEMAN, TY LEFFNER, ROBERT CONLEY, AND JIM ROSE Court:TCA Attorneys: Darrell Phillips, appellant, pro se. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Dawn Jordan, Assistant Attorney General, for the appellees, Dr. Faisal Shamshad, Ralph Gromley, Mari Richards, Bill Harber, Jim Blankenship, Jeffrey Johnson, John Kelly, Vickie Kirby, Steve Vaughn, Anthony Freeman, Ty Leffner, Robert Conley, and Jim Rose. Judge: LILLARD First Paragraph: This is a 42 U.S.C. S 1983 prisoner case. The plaintiff, a former state prisoner, suffered from knee problems while in prison. He visited the prison clinic at least ten times over a two-month period, receiving treatment for his knee. The defendant medical professionals gave the plaintiff crutches, prescribed medication, issued work waivers, and otherwise treated him. The plaintiff prisoner was dissatisfied and filed several grievances regarding his treatment. All of his grievances were denied, and one was torn up by a prison official. The plaintiff filed this lawsuit alleging, inter alia, that the defendants violated his rights under the Eighth Amendment by being deliberately indifferent to his serious medical needs in the treatment of his knee. The trial court granted summary judgment in favor of the defendants. The plaintiff now appeals. We affirm, finding that the defendants were not deliberately indifferent to the plaintiff prisoner's medical needs. http://www.tba.org/tba_files/TCA/phillipsdw.wpd
STATE OF TENNESSEE v. ANDREW B. SIMPKINS Court:TCCA Attorneys: Jeffry S. Grimes, Clarksville, Tennessee, for the Appellant, Andrew B. Simpkins. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; John W. Carney, Jr., District Attorney General; and Helen O. Young, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Montgomery County jury convicted the Defendant of one count of criminal attempt to commit first degree murder and one count of possession of a prohibited weapon. The Defendant now appeals, asserting that the evidence was insufficient to support his convictions. After reviewing the record, we find no error and thus affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/simpkinsab.wpd
GREGORY THOMPSON v. RICKY BELL, WARDEN Court:TCCA Attorneys: Marjorie A. Bristol, Nashville, Tennessee, for the appellant, Gregory Thompson. Paul G. Summers, Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General; C. Michael Layne, District Attorney General; and Chris Vernon, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Appellant, Gregory Thompson, was convicted for the first degree murder of Brenda Lane. The murder occurred on January 1, 1985. The jury imposed the death penalty. Our supreme court affirmed the conviction and sentence of death. State v. Thompson, 768 S.W.2d 239 (Tenn. 1989). Appellant subsequently filed a petition for post-conviction relief. The petition was denied by the trial court, and the trial court's denial was subsequently affirmed by our Court. Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). Later, in 2001, Appellant filed a petition for writ of error coram nobis, which the trial court dismissed without an evidentiary hearing because it was filed after expiration of the applicable one-year statute of limitations. This appeal followed. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/thompsongregory.wpd
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