Opinion Flash
December 14, 2003
Volume 9 — Number 009
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 |
| 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 |
| 06 |
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 |
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.
Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.
Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
STATE OF TENNESSEE v. GERALD POWERS
Dissenting opinion contains a correction on page 10
Court:TSC
BARKER DISSENTING
http://www.tba.org/tba_files/TSC/powersgcorrex_dis.wpd
MICHAEL GLENN BINKLEY v. E. I. DUPONT DE NEMOURS & COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
Charles L. Hicks, Camden, Tennessee, for the appellant, Martha
Binkley, widow of Michael Glenn Binkley
John R. Lewis, Nashville, Tennessee, for the appellee, E. I. Dupont De
Nemours & 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 claimant insists the evidence preponderates against the
trial court's finding that the employee's death did not arise out of
and in the course of his employment. As discussed below, the panel
has concluded the judgment should be affirmed.
http://www.tba.org/tba_files/TSC_WCP/binkleymichael.wpd
TROY DALE BUCKLES v. SHIRA DAWN McKAY BUCKLES RIGGS
Court:TCA
Attorneys:
Douglas T. Jenkins, Rogersville, Tennessee, for the Appellant Troy
Dale Buckles.
Daniel B. Minor, Kingsport, Tennessee, for the Appellee Shira Dawn
McKay Buckles Riggs.
Paul G. Summers, Attorney General and Reporter, and Warren A. Jasper,
Assistant Attorney General, Nashville, Tennessee, for the Appellee
State of Tennessee, Department of Human Services ex rel. Shira Dawn
McKay Buckles Riggs.
Judge: SWINEY
First Paragraph:
Shira Dawn McKay Buckles Riggs ("Mother") and Troy Dale Buckles
("Father") were divorced in 1994. Mother was awarded custody of the
parties' minor son. In 2001, Father first sought increased visitation
and then custody. Mother claimed Father was in arrears in his child
support payments. After a trial, the Trial Court concluded there had
been no material change in circumstances and custody should,
therefore, remain with Mother. The Trial Court determined Father was
in arrears in his child support payments in the amount of $13,894.
The Trial Court also prohibited both parties from drinking alcohol
"while in possession of the child." Father appeals. We modify the
judgment to require the parties to undergo counseling, and affirm as
modified.
http://www.tba.org/tba_files/TCA/bucklest.wpd
KELLY LEE CRAWFORD, et al. v. BRIAN C. BEATTY, M.D., et al.
Court:TCA
Attorneys:
Kelly Lee Crawford and James R. Crawford, Nashville, Tennessee, Pro
Se.
David L. Steed and Kristen Murphy Anderson, Nashville, Tennessee, for
the appellees, Brian C. Beatty, M.D. and Bruce R. Goodman, M.D.
Judge: CANTRELL
First Paragraph:
The Circuit Court of Davidson County granted summary judgment to the
defendants on this medical malpractice case, holding that the claim
was barred by the statute of limitations. The court also awarded the
defendants their costs and attorney's fees as sanctions for the
plaintiffs' false answers in discovery. We affirm.
http://www.tba.org/tba_files/TCA/crawfordkl.wpd
TAWNYA LYNN DUKE v. ROBERT S. DUKE
Court:TCA
Attorneys:
Jeffrey L. Levy, Nashville, Tennessee, for the appellant, Robert S.
Duke.
Thomas F. Bloom, Nashville, Tennessee, for the appellee, Tawnya Lynn
Duke.
Judge: CANTRELL
First Paragraph:
In this opinion we will dispose of two appeals involving these
parties. In the first appeal, the husband asserted that the trial
court erred in awarding alimony in futuro and in the division of the
marital property. While that appeal was pending in this court, the
husband appealed (1) the trial court's subsequent refusal to modify
the amount of alimony in futuro and (2) the trial court's award of
attorney's fees to the wife. We reverse the court's order of alimony
in futuro in the first proceeding, because we believe that under the
circumstances of this case, the wife is only entitled to
rehabilitative alimony. We also modify the amount of alimony awarded
in the second proceeding, and we reverse the award of attorney's fees
in the second proceeding. In all other respects, the court's orders
are affirmed.
http://www.tba.org/tba_files/TCA/duketl.wpd
MICHAEL LEE HAYES v. COMPUTER SCIENCES CORPORATION, et al.
Court:TCA
Attorneys:
H. Thomas Parsons, Manchester, Tennessee, for the appellant, Michael
Lee Hayes.
Patricia Head Moskal and Luther Wright, Jr., Nashville, Tennessee and
William C. Rieder, Tullahoma, Tennessee, for the appellee, Aerospace
Contractor Support.
Judge: CANTRELL
First Paragraph:
Michael Hayes sued Aerospace Contractor Support (ACS) for retaliatory
discharge. He alleged that he was fired because he had filed a
workers' compensation claim against a previous employer. The trial
court granted summary judgment to ACS stating that the current law in
Tennessee did not allow such a cause of action. We reverse the
judgment of the trial court.
http://www.tba.org/tba_files/TCA/hayesml.wpd
Mildred Howell and Dillon Howell v. Baptist Hospital, Neil Price,
M.D., and Josephine Vicente, R.N.
Court:TCA
Attorneys:
Larry D. Ashworth and Peter D. Heil, Nashville, Tennessee, for the
appellants, Mildred Howell and Dillon Howell.
E. Reynolds Davies, Jr., and John T. Reese, Nashville, Tennessee, for
the appellee, Neil Price, M.D.
Judge: LILLARD
First Paragraph:
This is a medical malpractice case. In January 1999, the plaintiff
underwent an endoscopic medical procedure performed by the defendant
physician. During the procedure, the plaintiff developed multiple air
emboli in her brain, which resulted in permanent neurological
difficulties. The plaintiff and her husband sued the physician,
claiming that the plaintiff's injuries were due to the physician's
negligence. The physician moved for summary judgment and submitted
his own affidavit in support. In response, the plaintiffs submitted
affidavits of two medical experts, asserting that the defendant
physician had breached the applicable standard of care. The trial
court granted the physician's motion for summary judgment, concluding
that the plaintiffs' experts' affidavits did not comply with Tennessee
Code Annotated S 29-26-115. The plaintiffs moved to alter or amend
the judgment, submitting an amended affidavit and curriculum vitae of
one of the two experts. The trial court refused to consider the
additional evidence and denied the motion. The plaintiffs now appeal.
We affirm in part and reverse in part, concluding that, while the
trial court did not err in finding that the initial expert affidavits
submitted by the plaintiffs were insufficient, the trial court abused
its discretion in failing to consider the amended affidavit and
curriculum vitae submitted by the plaintiffs.
http://www.tba.org/tba_files/TCA/howellm.wpd
CHARLES MONTAGUE v. TENNESSEE DEPARTMENT OF CORRECTION, et al.
Court:TCA
Attorneys:
Charles Montague, Mountain City, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Dawn Jordan, Assistant
Attorney General, for the appellee, State of Tennessee.
Judge: CANTRELL
First Paragraph:
The appellant, Charles Montague, filed suit in the Circuit Court of
Davidson County seeking a declaration that his inmate trust account
was exempt from seizure to satisfy court costs under Tenn. Code Ann. S
26-2-101, et seq., and that the funds previously taken from the
account should be restored. The court granted summary judgment to the
state. We affirm.
http://www.tba.org/tba_files/TCA/montaguec.wpd
PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.
GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.
JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.
To join the TBA go to: http://www.tba.org/join_bar.mgi
SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.
Visit the TBALink web site at: http://www.tba.org/op-flash.mgi
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi
Home • Contact Us • PageFinder • What's New • Help
