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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