Opinion Flash

August 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):
00 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
02 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


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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