Opinion Flash

February 19, 2003
Volume 9 — Number 029

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
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
05 New Opinion(s) from the Tennessee Court of Appeals
01 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


Court:TSC - Workers Comp Panel


Andrew R. Tillman, LLP, Paine, Tarwater, Bickers and Tillman,
Knoxville, Tennessee, for the Appellant, Averitt Express, Inc.

Richard Baker, Baker, Gulley & Oldham, P.A., Knoxville, Tennessee, for
the Appellee, Dale Pratt.                     


First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S 50-6-225(e) for hearing and reporting of findings of fact and
conclusions of law.  The employer appeals the trial court's refusal to
cap the employee's award at two and one-half times the employee's
medical impairment as provided by Tenn. Code Ann. S 50-6-241(a)(1). 
We modify the judgment of the trial court.


FRANK M. FLY v. SIMPLE PLEASURES, INC., et al. (Corrected Opinion) Court:TCA Attorneys: Frank M. Fly and Aaron S. Guin, Murfreesboro, Tennessee, for the appellant, Frank M. Fly. E. Evan Cope, Murfreesboro, Tennessee, for the appellees, Simple Pleasures, Inc., Tina Woodruf and Gary Viane. Judge: CAIN First Paragraph: Landlord appeals an Order granting summary judgment to Tenant on the effect of a holdover tenancy after the expiration of the term of the lease. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/flyfrankcorrex.wpd
STATE OF TENNESSEE, et rel. KATHY E. JONES v. TIMOTHY R. SPIVEY (Corrected Opinion) Court:TCA Attorneys: Paul G. Summers, Attorney General & Reporter and Stuart F. Wilson-Patton, Senior Counsel, Nashville, Tennessee, for the appellant, State of Tennessee, ex rel. Kathy E. Jones. Timothy Spivey, Doyle, Tennessee, Pro Se. Judge: CAIN First Paragraph: This appeal concerns an action by the state seeking enforcement of certain support orders in the juvenile court pursuant to Title IV-D of the Social Security Act, 42 U.S.C. SS 651 et seq. The State of Tennessee, ex rel. Kathy E. Jones sought an order from the Warren County Juvenile Court requiring the payment of $7,195 in child support and finding Timothy Spivey in contempt of said court for the failure to pay the child support arrearage. From the order of the trial court forgiving all but $864.85 of the child support arrearage and refusing to find Spivey in contempt, the state appeals. http://www.tba.org/tba_files/TCA/joneskcorrex.wpd
NANCY BARNARD MARTIN v. CHARLES HOWARD MARTIN Court:TCA Attorneys: Charles Howard Martin, Pro Se John H. Fowler, Sevierville, Tennessee, for the Appellee, Nancy Barnard Maratin Judge: GODDARD First Paragraph: Charles Howard Martin appeals a judgment of the Trial Court which awarded Nancy Barnard Martin a divorce and certain other relief. We affirm. http://www.tba.org/tba_files/TCA/martinn.wpd
CINDERELLA FERRELL OSBORNE v. MOUNTAIN LIFE INSURANCE COMPANY Court:TCA Attorneys: Douglas P. Jenkins, Rogersville, for Appellant, Cinderella Ferrell Osborne Lewis S. Howard and Delicia R. Bryant, Knoxville, for Appellee, Mountain Life Insurance Company Judge: GODDARD First Paragraph: This appeal raises a question of coverage under a policy of credit life insurance. The Plaintiff, Cinderella Ferrell Osborne, brought this action against Mountain Life Insurance Company ("Mountain Life"), alleging that it wrongfully denied her claim under a credit life insurance policy on the life of her deceased husband, Kenneth Scott Osborne. The Trial Court granted Mountain Life's motion for summary judgment, finding that Mr. Osborne died within six months after the effective date of coverage, from a disease for which he received medical treatment within six months of the effective date of the insurance. The Court held that these facts triggered a limitation of liability provision in the policy, which limited Ms. Osborne's recovery to the premium paid. We reverse the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/osborne.wpd
CITY OF PIGEON FORGE v. WILLIAM LOVEDAY, et ux, MARILYN LOVEDAY, and HOME FEDERAL BANK OF TENNESSEE, and INVESTORS TRUST COMPANY, TRUSTEE Court:TCA Attorneys: Edward H. Hamilton, Sevierville, Tennessee, for Appellants. James L. Gass, Sevierville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Landowner seeks a new trial in eminent domain case on grounds that the Trial Court admitted in evidence the price paid for the land 19 years earlier. We reverse the Trial Court's Judgment. http://www.tba.org/tba_files/TCA/pigeonf.wpd
STATE OF TENNESSEE v. MARY JEAN MAYRAND Court:TCCA Attorneys: Howard L. Upchurch, Pikeville, Tennessee, for the Appellant, Mary Jean Mayrand. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; James Michael Taylor, District Attorney General; and Will Dunn, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Rhea County jury convicted the Defendant of first offense DUI, and the trial court sentenced her to forty-eight hours' confinement. In this direct appeal, the Defendant argues (1) that insufficient evidence was presented to support her conviction; (2) that the trial court erred by denying her challenge to one of the jurors during voir dire; (3) that the trial court erred by denying her pre-trial motion to dismiss the indictments; (4) that the trial court erred by allowing the arresting officer to testify as to the contents of an alcoholic beverage; and (5) that her constitutional rights were violated when the State failed to provide her with a "legible" copy of a videotape taken of her at jail following her arrest. We conclude that sufficient evidence was presented to support the Defendant's conviction and that the trial court erred by allowing the arresting officer to testify as to the contents of an alcoholic beverage, but that the error was harmless. We further conclude that the Defendant has waived all other issues on appeal. We therefore affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mayrandmj.wpd

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