Opinion Flash

September 20, 2002
Volume 8 — Number 165

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


JACKIE ROBINSON v. PATRICK J. LeCORPS, M.D.
(Originally filed Sept. 5, 2002. Correction on page 1, correcting the
misspelling of an attorney's name.)

Court:TSC

Attorneys: 

Mary A. Parker and Richard D. Piliponis, Nashville, Tennessee, for the
appellant, Jackie Robinson.

C. Hayes Cooney, Nashville, Tennessee, for the appellee, Patrick J.
LeCorps, M.D.

William B. Hubbard and Robyn E. Smith, Nashville, Tennessee, for
Amicus Curiae, Tennessee Hospital Association.

William L. Penny and Jonathan D. Rose, Nashville, Tennessee, for
Amicus Curiae, Hospital Alliance of Tennessee, Inc.

A. Yarnell Beatty, Nashville, Tennessee, for Amicus Curiae, Tennessee
Medical Association.

David Kumatz, Nashville, Tennessee, for Amicus Curiae, Reciprocal of
America.

R. Sandler Bailey, Jr., Memphis, Tennessee; Randall L. Kinnard,
Nashville, Tennessee; T. J. Emison, Alamo, Tennessee; J. D. Lee and
Dan C. Stanley, Knoxville, Tennessee; and John A. Day, Brentwood,
Tennessee, for Amicus Curiae, The Tennessee Trial Lawyers Association.                         
Judge: ANDERSON

First Paragraph:

We granted review in this medical malpractice action to address
whether the trial court erred by excluding expert medical testimony
offered by the plaintiff and dismissing the complaint.  The Court of
Appeals affirmed.  After reviewing the record and applicable
authority, we conclude (1) that the plaintiff did not produce expert
testimony to establish the standard of professional care in the
community in which the defendant practiced or a similar community as
required by Tenn. Code Ann. S 29-26-115(a)(1) (2000 & Supp. 2001), and
(2) that the trial court did not abuse its discretion in excluding the
testimony and dismissing the complaint.  We therefore affirm the Court
of Appeal's judgment.

http://www.tba.org/tba_files/TSC/robinsonjcorr.wpd

JAMES D. LECKRONE v. JAMES D. WALKER, et al.
(Originally filed Apr. 30, 2002. Correction to footnote 6, page 4.)

Court:TCA

Attorneys:

John R. Jacobson, Nashville, Tennessee, for the appellant, James D.
Walker.

W. Lee Corbett and David F. Lewis, Nashville, Tennessee, for the
appellee, Prism Partners, L.P.                        

Judge: KOCH

First Paragraph:

This appeal arises from a dispute over the proceeds from the sale of a
Florida condominium unit once owned by a Tennessee partnership but
titled in the name of two of its partners.  When the  successor to the
partnership's interest in the unit undertook to sell it, one of the
owners of record agreed to sign the deed only if the proceeds were
placed in escrow while the parties attempted to resolve his claim to
one-half of the funds.  When the parties failed to agree on a
distribution of the proceeds, the escrow holder filed an interpleader
action in the Chancery Court for Davidson County.  Following a bench
trial, the trial court awarded the escrowed proceeds to the
partnership's successor after determining that the owner of record was
estopped to invoke the statute of frauds to defeat the successor's
claim.  We have determined that the trial court reached the correct
result because the owner of record no longer possessed a beneficial
interest in the unit.  Accordingly, we affirm the judgment.

http://www.tba.org/tba_files/TCA/leckronejdcorr.wpd

GALE SMITH & COMPANY, INC. v. THE GOVERNORS CLUB, L.L.C.

Court:TCA

Attorneys:   

Scott K. Haynes and Austin L. McMullen, Nashville, Tennessee, for the
appellant, The Governors Club, L.L.C.

Mark B. Reagan, Nashville, Tennessee, for the appellee, Gale Smith &
Company, Inc.                       

Judge: LILLARD

First Paragraph:

This is a breach of contract case.  The defendant real estate
developer developed a golf club.  The plaintiff insurance broker
entered into an insurance binder with the manager of the golf club.
The "master" binder covered five separate properties with which the
manager was involved.  The binder listed another of the manager's
entities as the insured.  The manager was later terminated by the
defendant and a new management company was hired to manage the golf
club.  The insurance broker then issued a separate policy naming the
defendant as the insured and sent invoices for the unpaid premiums to
the new management company.  The management company declined to pay
the premiums.  The insurance broker then filed suit against the
defendant.  The trial court entered a judgment for the insurance
broker for all unpaid premiums due under the insurance binder, plus
interest.  We affirm, finding that manager had the apparent authority
to enter into an insurance contract and that there was a contract for
insurance between the parties.

http://www.tba.org/tba_files/TCA/smithg1.wpd

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