Opinion Flash

January 27, 2003
Volume 9 — Number 014

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
04 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
04 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


DEBBIE G. SCOTT v. FEDERAL EXPRESS CORPORATION, et al.

Court:TSC - Workers Comp Panel

Attorneys:

Selma Cash Paty, Chattanooga, Tennessee, attorney for the appellant,
Debbie G. Scott.

Kent E. Krause, Nashville, Tennessee, attorney for the appellees,
Federal Express Corporation and Sentry Insurance.                        

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 filed a petition seeking compensation for an ankle injury
which occurred July 16, 1997 and for a back injury which occurred on
May 11, 2000.  The trial judge bifurcated the two claims and heard the
back injury case.  On April 15, 2002 the trial court entered a
judgment which dismissed the portion of the complaint seeking
compensation for the back injury.  The plaintiff says the evidence
preponderates against this finding.  We affirm the judgment of the
trial court.

http://www.tba.org/tba_files/TSC_WCP/scottd.wpd
								
DOUGLAS EDWARD SMITLEY v. SUBURBAN MANUFACTURING CO. and JAMES FARMER, DIRECTOR OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, WORKERS' COMPENSATION DIVISION, SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: E. Blaine Sprouse, of Nashville, Tennessee, for Appellant, Second Injury Fund. Michael Augustine Wagner, of Chattanooga, Tennessee, for Appellee, Douglas Edward Smitley. Robert J. Uhorchuk, of Chattanooga, Tennessee, for Appellee, Suburban Manufacturing Company. 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 defendant Second Injury Fund appeals the trial court's decision that the Fund is liable for seventy percent of the awarded permanent total disability to the body as a whole. We affirm the decision of the trial court. http://www.tba.org/tba_files/TSC_WCP/smitleyd.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0127.wpd
GLENDA COOPER v. STATE OF TENNESSEE Court:TCA Attorneys: John C. Cavett, Jr., Chattanooga, Tennessee, for the appellant, Glenda Cooper, individually and as the Administratrix of the Estate of William Burl Cooper, II. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Mark A. Hudson, Senior Counsel, for the appellee, State of Tennessee. Judge: SUSANO First Paragraph: This is a wrongful death action filed against the State of Tennessee with the Tennessee Claims Commission. The State filed a motion for judgment on the pleadings, asserting that it was not liable for the actions of the Bradley County Sheriff, whose negligence is alleged to be the proximate cause of the death of the plaintiff's intestate. The Claims Commission, relying upon the case of Spurlock v. Sumner County, 42 S.W.3d 75 (Tenn. 2001), held that the sheriff was not a state employee but rather a county officer. It dismissed the claim against the State. We affirm. http://www.tba.org/tba_files/TCA/cooperg.wpd
PHILLIP JESSEE, et al. v. AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY Court:TCA Attorneys: James H. Beeler, Kingsport, Tennessee, for the Appellants, Phillip Jessee and James O. Morse Robert L. Arrington, Kingsport, Tennessee, and Mary Kampa, Nashville, Tennessee, for the Appellee, American General Life and Accident Insurance Company Judge: GODDARD First Paragraph: In this case of alleged age discrimination case from the Chancery Court for Sullivan County the Plaintiffs/Appellants, Phillip Jessee and James O. Morse, argue that the Trial Court erred in refusing to grant their request for a continuance, in its admission and exclusion of certain evidence and in its dismissal of their cause of action against the Defendant/Appellee, American General Life and Accident Insurance Company. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/jesseep.wpd
THE ROGERS GROUP, INC., v. ANDERSON COUNTY, TENNESSEE, and JOHN RICE IRWIN, CLIFTON STEPHENS, RICHARD DYER, M.D., RONNELL WEAVER, JAMES PYATT, RALPH SAWYER, and BETHEL BAPTIST CHURCH Court:TCA Attorneys: Bruce D. Fox, Clinton, Tennessee, and H. Wayne Phears, Norcross, Georgia, for Appellant. David L. Hill, Knoxville, Tennessee, and David S. Clark, Oak Ridge, Tennessee, for Appellee, Anderson County, Tennessee. Dail R. Cantrell, Clinton, Tennessee, for Appellees, John Rice Irwin, et al. Judge: FRANKS First Paragraph: After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm. http://www.tba.org/tba_files/TCA/rogersgp.wpd
ROSE F. WARNICK v. CARTER COUNTY, TENNESSEE Court:TCA Attorneys: Thomas E. Cowan, Jr., Elizabethton, Tennessee, for the appellant, Rose F. Warnick. Tausha M. Carmack and Patrick Ledford, Kingsport, Tennessee, for the appellee, Carter County, Tennessee. Judge: SUSANO First Paragraph: This is a negligence action filed by Rose F. Warnick against Carter County ("the County") seeking damages for personal injuries arising out of an automobile accident involving the plaintiff and Keith G. Range ("Deputy Range"), a Carter County deputy sheriff, who, according to the complaint, was "acting within the course and scope of his authority as an agent, servant and employee of" the County at the time of the accident. The County filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6). The trial court dismissed the plaintiff's complaint, holding that it was not filed within one year of the accident as required by the Governmental Tort Liability Act ("the GTLA"). We affirm. http://www.tba.org/tba_files/TCA/warnickrf.wpd
STATE OF TENNESSEE v. DEVON LEE RAMSEY Court:TCCA Attorneys: Merrilyn Feirman, Nashville, Tennessee (on appeal); Donna Leigh Hargrove, District Public Defender; Andrew Jackson Dearing, III, Assistant District Public Defender, Shelbyville, Tennessee (at trial and of counsel on appeal) for the appellant, Devon Lee Ramsey. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; William Michael McCown, District Attorney General; and Michael David Randles, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Devon Lee Ramsey, pled guilty to one count of Class D felony theft and three counts of Class E felony forgery. Following a sentencing hearing, the trial court sentenced Defendant to serve three and one-half years for the theft conviction, and one and one-half years for each of the forgery convictions. The trial court further ordered the sentences for the forgery convictions to be served concurrently with each other, but consecutively to the sentence for theft, for an effective sentence of five years on these convictions. These sentences were further ordered to be served consecutively to an effective sentence of two years for ten forgery convictions in Coffee County. Defendant has appealed arguing that the trial court erred by imposing excessive sentences and by ordering consecutive sentencing. After a review of the entire record, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/ramseydevonLee.wpd
STATE OF TENNESSEE v. RONNIE JEROME RUSSELL Court:TCCA Attorneys: David Allen Doyle, District Public Defender, Gallatin, Tennessee, for the appellant, Ronnie Jerome Russell. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Dee Gay, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following an evidentiary hearing, the Criminal Court of Sumner County entered an order finding the Defendant, Ronnie Jerome Russell, to be in violation of the conditions of his supervised probation and ordered him to serve his sentence in the Department of Correction. The Defendant appealed arguing that the trial court failed to exercise a "conscientious and intelligent judgment" in finding that he had violated the terms and conditions of probation and in revoking his probation. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/russellronniejerome.wpd
STATE OF TENNESSEE v. DENNIS CEDRIC WOODARD, JR. Court:TCCA Attorneys: Jack Dearing, III and Mike Collins, Assistant Public Defenders, Shelbyville, Tennessee, for the appellant, Dennis Cedric Woodard, Jr. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Mike McCown, District Attorney General; and Michael Randles, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Dennis Cedric Woodard, Jr., was convicted by a jury of first degree premeditated murder and sentenced to life imprisonment with the possibility of parole. In this appeal as of right, the Defendant argues that the evidence presented at trial is not sufficient to sustain his conviction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/woodarddc.wpd
Ordinance prohibiting sale of lottery tickets Date: January 17, 2003 Opinion Number: 03-004 http://www.tba.org/tba_files/AG/2003/OP4.pdf
Voting Membership of Four Lake Regional Industrial Development Authority Date: January 17, 2003 Opinion Number: 03-005 http://www.tba.org/tba_files/AG/2003/OP5.pdf
County's Authority to Impose Litigation Tax to Fund Public Building Project Date: January 22, 2003 Opinion Number: 03-006 http://www.tba.org/tba_files/AG/2003/OP6.pdf
Charitable Lotteries Date: January 22, 2003 Opinion Number: 03-007 http://www.tba.org/tba_files/AG/2003/OP7.pdf

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