Opinion Flash
February 28, 2003
Volume 9 — Number 036
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 |
| 00 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 02 |
New Opinion(s) from the Tennessee Court of Appeals |
| 03 |
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
MICHELLE DEVERS v. AQUA GLASS CORPORATION, et al.
Court:TSC - Workers Comp Panel
Attorneys:
Steven Maroney, J. Arthur Crews and Jay Dustin King, Jackson,
Tennessee, for the appellant, Aqua Glass Corporation
Edward L. Martindale, Jr., Jackson, Tennessee, for the appellee,
Michelle Devers
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 employer insists "the trial court erred in finding that
the plaintiff had sustained a compensable injury under the Workers'
Compensation Act and, as a result thereof, suffered an 18 percent
permanent partial disability to each arm." As discussed below, the
panel has concluded the judgment should be affirmed.
http://www.tba.org/tba_files/TSC_WCP/deversm.wpd
RAY DUNNAGAN v. FOAMEX
Court:TSC - Workers Comp Panel
Attorneys:
Joseph M. Crout, Memphis, Tennessee, for the appellant, Foamex
Ricky L. Boren, Jackson, Tennessee, for the appellee, Ray Dunnagan
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 employer insists (1) the action is time barred, (2) the
evidence preponderates against the trial court's finding that the
employee's restrictive lung disease was caused by exposure to silica
at work and (3) the award of permanent partial disability based on 65
percent to the body as a whole is excessive. As discussed below, the
panel has concluded the judgment should be affirmed.
http://www.tba.org/tba_files/TSC_WCP/dunnaganr.wpd
KEVIN C. HANEY, et al. v. BRAD COPELAND
Court:TCA
Attorneys:
Michael E. Richardson, Chattanooga, Tennessee, for the appellants,
Kevin C. Haney and Marilyn Sue Melhorn.
Phillip R. Crye, Jr., Clinton, Tennessee, for the appellee, Brad
Copeland.
Judge: SUSANO
First Paragraph:
Kevin C. Haney and his wife, Marilyn Sue Melhorn ("the buyers"),
purchased a retail business from Brad Copeland ("the seller") for
$200,000. When their business failed, the buyers sued the seller for
rescission and, in the alternative, for compensatory and punitive
damages, alleging fraud and breach of contract. Following a bench
trial, the buyers were awarded incidental and punitive damages
totaling $99,053. The buyers appeal, arguing that they were entitled
to additional damages equal to the amount of the purchase price. We
affirm.
http://www.tba.org/tba_files/TCA/haneykc.wpd
E. PAUL RECTOR v. ELIZABETH HALLIBURTON, et al.
CORRECTED OPINION
Court:TCA
Attorneys:
Dan R. Alexander, Nashville, Tennessee, for the appellant, E. Paul
Rector.
C. Dewey Branstetter, Jr., Nashville, Tennessee, for the appellee,
Elizabeth Halliburton.
Eugene W. Ward and Laura Israel Smith, Nashville, Tennessee, for the
appellee, The Electric Power Board of Nashville and Davidson County,
Tennessee.
Judge: CANTRELL
First Paragraph:
The residence owned by Mrs. Halliburton had no access owing to highway
construction. She acquired a driveway easement from the adjoining
landowner, who later sold the property to Mr. Rector. An electric
service line extended across the front of Mr. Rector's property which
was relocated. Mr. Rector's efforts to purchase the Halliburton
property were unavailing, and he began a policy of harassment
presumably to acquire the property. He claimed, inter alia, that the
easement terminated because it was improperly maintained, and that
NES moved the service line without his permission and hence was guilty
of trespass. Mrs. Halliburton filed a counterclaim for damages,
charging Mr. Rector with trespass and outrageous conduct. Mr.
Rector's suit was dismissed, and the counterclaim of Mrs. Halliburton
was sustained. The dismissal of Mr. Rector's suit is affirmed; the
award of attorney fees to Mrs. Halliburton is reversed; the case is
remanded for a determination of the damages sustained by Mrs.
Halliburton, including punitive damages.
http://www.tba.org/tba_files/TCA/rectorecorrex.wpd
STATE OF TENNESSEE v. TOMMY WILLIAM DAVIS
Court:TCCA
Attorneys:
Edward C. Miller, District Public Defender; and Amber D. Haas,
Assistant District Public Defender, for the Appellant, Tommy William
Davis.
Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; Al Schmutzer, Jr., District Attorney General; and
James B. Dunn, Assistant District Attorney General, for the Appellee,
State of Tennessee.
Judge: WITT
First Paragraph:
The defendant, Tommy William Davis, was convicted of Class D theft of
property over $1,000 and was sentenced to a term of six years
incarceration, as a Range II offender. On appeal, he argues that the
trial court should have granted a judgment of acquittal at the close
of the state's proof, and he challenges the length of his sentence as
premised on an invalid enhancement factor. Our review convinces us
that the evidence was sufficient to support his conviction and that,
although improper enhancement factors were applied, a sentence of six
years is appropriate.
http://www.tba.org/tba_files/TCCA/davistommy_opn.wpd
STATE OF TENNESSEE v. TOMMY WILLIAM DAVIS
Court:TCCA
SMITH CONCURRING
http://www.tba.org/tba_files/TCCA/davistommy_con.wpd
STATE OF TENNESSEE v. CHIVOUS SIRREL ROBINSON
Court:TCCA
Attorneys:
Mike Whalen, Knoxville, Tennessee, for the appellant, Chivous Sirrell
Robinson.
Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Scott, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: SMITH
First Paragraph:
The defendant, Chivous Sirrel Robinson, was convicted of one count of
solicitation to commit first degree murder and one count of second
degree murder. He was sentenced to twenty-three years incarceration
for the second degree murder conviction and nine years incarceration
for the solicitation conviction. The sentences were ordered to run
consecutively. In this appeal the defendant argues that (1) the trial
court erred in declining to admit at the defendant's request the
redacted statement of Toni Hill, the alleged co-perpetrator of the
murder, (2) the trial court erred in denying the defense's motion to
sever the solicitation count from the substantiative murder count for
purposes of trial, (3) the trial court erred in admitting certain
photographs of the victim's body, and (4) the trial court erred in
ordering consecutive sentencing.
After a thorough review of the record and the applicable law we find
no reversible error. The judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/robinsonchivous.wpd
STATE OF TENNESSEE v. DONALD P. WILCOX
Court:TCCA
Attorneys:
John D. Parker, Jr., Kingsport, Tennessee, for the appellant, Donald
P. Wilcox.
Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and B. Todd Martin, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: TITPON
First Paragraph:
The defendant, Donald P. Wilcox, appeals the Sullivan County Criminal
Court's denial of his request for probation for his guilty pleas to
violating a habitual traffic offender order, a Class E felony;
violating the registration law, a Class C misdemeanor; and possession
of alprazolam pills, marijuana, and drug paraphernalia, Class A
misdemeanors. We affirm the decision of the trial court.
http://www.tba.org/tba_files/TCCA/wilcoxdonaldp.wpd
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