Opinion Flash
April 24, 2003
Volume 9 — Number 074
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 |
| 06 |
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
GARY LINDSEY V. PHILIPS ELECTRONICS, N.A.C.
Court:TSC - Workers Comp Panel
Attorneys:
Arthur G. Seymour, Jr., Robert L. Kahn, Frantz, McConnell and Seymour,
Knoxville, Tennessee, for the Appellant, Philips Electronics, N.A.C.
Robert L. Ogle, Jr., Ogle and Campbell, P.C., Sevierville, Tennessee,
for the Appellee, Gary Lindsey.
Judge: PEOPLES
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 a finding of permanent and
total disability asserting that the injury is to a scheduled member.
We affirm.
http://www.tba.org/tba_files/TSC_WCP/lindseyg.wpd
VICKI B. CARLTON v. SHARON L. DAVIS
Court:TCA
Attorneys:
Michael K. Radford, Brentwood, Tennessee, for the appellant, Vicki B.
Carlton.
Scott A. Rhodes, Brentwood, Tennessee, for the appellee, Sharon L.
Davis.
Judge: CAIN
First Paragraph:
The trial court granted summary judgment to Appellee based upon
expiration of the applicable statute of limitations. Appellant
asserts that Tennessee Code Annotated section 56-7-1201(g) tolls the
statute of limitations, or that, in the alternative, Appellee is
equitably estopped from relying upon the statute of limitations. We
affirm the action of the trial court.
http://www.tba.org/tba_files/TCA/carltonvicki.wpd
MYRON GENTRY, et al., v. HOSPITAL HOUSEKEEPING SYSTEMS OF HOUSTON, INC.
Court:TCA
Attorneys:
Donald Capparella, Brentwood, Tennessee; Daniel C. Todd, Nashville,
Tennessee, for the appellants, Myron and Linda Gentry.
G. Brian Jackson, Bryant C. Witt, Nashville, Tennessee, for the
appellee, Hospital Housekeeping Systems of Houston, Inc.
Judge: COTTRELL
First Paragraph:
This appeal arose after the trial court granted summary judgment for
Hospital Housekeeping Systems of Houston, Inc. on a suit brought by an
employee of Centennial Medical Center who slipped and fell after
stepping on wet carpet. Because a material factual dispute exists, we
reverse the trial court's decision and remand.
http://www.tba.org/tba_files/TCA/gentrym.wpd
ARTHUR INGRAM, JR., et al. v. BEAZER HOMES CORPORATION d/b/a PHILLIPS
BUILDERS, INC.
Court:TCA
ORDER DENYING PETITION FOR REHEARING
http://www.tba.org/tba_files/TCA/ingram_rehear.wpd
IN RE: M.L.J. And R.R.J., et al. v. JOHNNIE LOUISE JOHNSON, et al.
Court:TCA
Attorneys:
Christina Flury Sitz, Tracy City, Tennessee, for the appellant,
Johnnie Louise Johnson.
Marshall A. Raines, Jr., Jasper, Tennessee, for the appellant, Lurie
Johnson, Jr.
Paul G. Summers, Attorney General and Reporter and Elizabeth C.
Driver, Assistant Attorney General, for the appellee, Tennessee
Department of Children's Services.
Judge: FARMER
First Paragraph:
The Juvenile Court for Sequatchie County terminated respondents'
parental rights. We affirm.
http://www.tba.org/tba_files/TCA/inremlj.wpd
SCOTT JURGENSMEYER, et al. v. JAMES F. PRATER
Court:TCA
Attorneys:
Robin J. Gordon, Nashville, Tennessee, for the appellants Scott
Jurgensmeyer and Jim Wise.
James H. Harris III, Nashville, Tennessee, for the appellee, James F.
Prater.
Judge: COTTRELL
First Paragraph:
In this consolidated case involving claims of fraud, negligent
misrepresentation, breach of contract, and violations of the Tennessee
Consumer Protection Act, the trial court granted summary judgment for
the defendant on the ground that he had not acted individually and his
corporation had not been named as a defendant. For the following
reasons, we reverse and remand the decision of the trial court.
http://www.tba.org/tba_files/TCA/jurgensmeyers.wpd
JAMES H. RANDALLS v. STANLEY G. HOPP, M.D. AND TENNESSEE ORTHOPAEDIC
ALLIANCE, P.A.
Court:TCA
Attorneys:
John M. Cannon, Goodlettsville, Tennessee, for the appellant, James H.
Randalls.
Richard K. Smith, Kathleen W. Smith, Nashville, Tennessee, for the
appellees, Stanley G. Hopp, M.D. and Tennessee Orthopaedic Alliance,
P.A.
Judge: COTTRELL
First Paragraph:
This is an appeal from the denial of a motion to set aside dismissal
of the action for failure to comply with the seventh scheduling order
entered during the five year pendency of this case. Because the trial
court clearly acted within its discretion in view of the history of
the case, we affirm.
http://www.tba.org/tba_files/TCA/randallsj.wpd
WILLIAM D. BUFORD v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
William D. Buford, Nashville, Tennessee (on appeal), pro se, and
Eugene Honea, Assistant District Public Defender (at trial), for the
appellant, William D. Buford.
Michael E. Moore, Solicitor General; David H. Findley, Assistant
Attorney General; and Derek K. Smith, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The petitioner, William D. Buford, appeals the trial court's denial of
his petition for post-conviction DNA testing. See Tenn. Code Ann. SS
40-30-403, -404 (Supp. 2002). The issues presented for review are
whether the trial court erred by its refusal to permit DNA
(deoxyribonucleic acid) testing and by its refusal to substitute
counsel based upon the petitioner's dissatisfaction with the
performance of his appointed counsel. The judgment of dismissal is
affirmed.
http://www.tba.org/tba_files/TCCA/bufordwd.wpd
STATE OF TENNESSEE v. JOE CHARLES DEGRAFENREID
Court:TCCA
Attorneys:
Michael W. Whitaker, Covington, Tennessee, for the appellant, Joe
Charles Degrafenreid.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Elizabeth Rice, District Attorney General;
and Walt Freedland, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Joe Charles Degrafenreid, was convicted by a jury of
driving under the influence (DUI) as a second offender. In this
direct appeal, the Defendant argues that the evidence is insufficient
to support his conviction for DUI and that the trial court erred by
denying his motion to suppress. Finding no error, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/degrafenreidjc.wpd
STATE OF TENNESSEE v. THURMAN L. WHITSEY AND CHARLIE MAE WHITSEY
Court:TCCA
Attorneys:
Brent Horst, Nashville, Tennessee, for the appellant, Thurman L.
Whitsey.
Cynthia F. Burnes (on appeal) and Kyle L. Marquardt (at trial),
Nashville, Tennessee, for the appellant, Charlie Mae Whitsey.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and John C. Zimmerman, Assistant District Attorney General,
for the appellant, State of Tennessee.
Judge: RILEY
First Paragraph:
A Davidson County jury convicted defendants Thurman L. Whitsey and his
mother, Charlie Mae Whitsey, of conspiracy to possess cocaine with
intent to sell. The jury also convicted Thurman Whitsey of possession
of cocaine with intent to sell, possession of marijuana with intent to
sell, and unlawful possession of a weapon. In addition, the jury
convicted Charlie Mae Whitsey of facilitation of possession of cocaine
with intent to sell, simple possession of marijuana, and facilitation
of unlawful possession of a weapon. The trial court imposed an
effective sentence of eleven years upon Thurman Whitsey and an
effective sentence of seven years upon Charlie Mae Whitsey. On
appeal, both defendants contend the trial court erred in denying their
motions to suppress evidence obtained as a result of an invalid search
warrant. Charlie Mae Whitsey also submits the evidence was
insufficient to support her conviction for facilitation of unlawful
possession of a weapon. Upon review of the record and applicable law,
we reverse and dismiss Charlie Mae Whitsey's conviction for
facilitation of unlawful possession of a weapon and Thurman Whitsey's
conviction for unlawful possession of a weapon; otherwise, we affirm
the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/whitseythurman_opn.wpd
STATE OF TENNESSEE v. THURMAN L. WHITSEY AND CHARLIE MAE WHITSEY
Court:TCCA
TIPTON CONCURRING
http://www.tba.org/tba_files/TCCA/whitseythurman_con.wpd
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