Opinion Flash
May 5, 2003
Volume 9 — Number 081
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 |
| 04 |
New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 01 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 01 |
New Opinion(s) from the Tennessee Court of Appeals |
| 01 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 02 |
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
MUHANNAD H. AL-RUSHEIDAT v. DOMINO'S PIZZA, INC.
Court:TSC - Workers Comp Panel
Attorneys:
Martin S. Sir, Nashville, Tennessee, for appellant, Muhannad H.
Al-Rusheidat.
Hal W. Wilkins, Nashville, Tennessee, for appellee, Domino's Pizza,
Inc.
Judge: BYERS
First Paragraph:
The plaintiff brought this action to recover for injuries he alleges
he sustained as a result of an automobile accident on April 13, 1996,
while in the course of his employment with the defendant. The trial
judge found the plaintiff's complaints of pain and subsequent medical
treatment were not caused by the accident. The plaintiff appeals from
this judgment. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/al-rusheidat.wpd
CLOIS JUNIOR CLARK v. PETERBILT MOTOR COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
Terry L. Hill and Stacey Billingsley Cason, Nashville, Tennessee, for
the appellant, Peterbilt Motor Company.
William Joseph Butler, Lafayette, Tennessee, for the appellee, Cloise
Junior Clark.
Judge: BYERS
First Paragraph:
The plaintiff filed this compensation complaint in which he alleged he
sustained injury to both arms as a result of continuing repetitive use
thereof while working as a welder for the plaintiff. The trial judge
found in favor of the plaintiff and awarded him temporary total
disability benefits and found he had sustained a 30 percent permanent
partial impairment to both arms. The defendant contends the trial
judge erred in finding the plaintiff's medical problems arose out of
and in the course of his employment and that the award of 30 percent
impairment to each arm was excessive. We affirm the judgment of the
trial court.
http://www.tba.org/tba_files/TSC_WCP/clarkclois.wpd
FRANCISCO JAUER GUTIERREZ, et al. v. ARISTEO MARTINEZ
Court:TSC - Workers Comp Panel
Attorneys:
D. Brett Burrow and Joel W. Brasfield, Nashville, Tennessee, for the
appellants, Francisco Jauer Gutierrez, Individually and as Owner of
Old El Paso Construction, and Realm National Insurance Company.
C. Tracey Parks, Gallatin, Tennessee, for the appellee, Aristeo
Martinez.
Judge: BYERS
First Paragraph:
The trial judge found the plaintiff sustained a 75 percent permanent
partial disability to the body as a whole as a result of an injury
which he suffered in the course of his employment with the defendant.
The defendant contends the trial court erred in not finding the
plaintiff sustained an injury to a scheduled member rather than to the
body as a whole. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/gutierrezf.wpd
DEBBY M. LAVENDER v. SATURN CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
Ann Buntin Steiner, Nashville, Tennessee, for the appellant, Debby M.
Lavender.
Thomas H. Peebles and Terrence O. Reed, Columbia, Tennessee for the
appellee, Saturn Corporation.
Judge: BYERS
First Paragraph:
The trial court found the plaintiff had failed to show that she
sustained any permanent disability as a result of an injury by
accident arising out of and in the course of her employment with the
defendant. The plaintiff appeals from the trial court judgment and
says the trial court finding was erroneous, and says also that the
trial judge should have recused himself because one of the physicians
who testified in the case was treating the trial judge's wife. We
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/lavenderd.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/certlist_0505.wpd
CARLENE MALONE, et al. v. THE CITY OF KNOXVILLE
Court:TCA
Attorneys:
Gregory P. Isaacs, Knoxville, Tennessee, for the Appellants, Carlene
Malone and Nick Pavlis
Michael S. Kelley and Hillary B. Jones, Knoxville, Tennessee, for the
Appellee, the City of Knoxville
Judge: GODDARD
First Paragraph:
In this appeal from the Chancery Court for Knox County the
Plaintiffs/Appellants, Carlene Malone and Nick Pavlis, contend that
the Trial Court erred in dismissing their suit against the
Defendant/Appellee, the City of Knoxville, upon grounds that they
lacked proper standing to bring suit against the City. We affirm the
ruling of the Trial Court and the cause is remanded for collection of
costs below.
http://www.tba.org/tba_files/TCA/malonec.wpd
BYRON M. EDWARDS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Maurice Briere, Knoxville, Tennessee, for the Appellant, Byron M.
Edwards.
Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; Edward P. Bailey, Jr., Assistant District Attorney General;
and Kirk Andrews, Assistant District Attorney General.
Judge: WITT
First Paragraph:
Byron M. Edwards appeals the denial of his petition for
post-conviction relief attacking his jury conviction for aggravated
robbery and for which he was sentenced to 30 years. He argues that he
received ineffective assistance of counsel in connection with a plea
offer by the state that he rejected. Following our review, we affirm
the post-conviction court's denial of the petition.
http://www.tba.org/tba_files/TCCA/edwardsb.wpd
Constitutionality of Act Restricting the Sale or Trafficking of
Pornographic, X-rated Materials
Date: May 1, 2003
Opinion Number: 03-056
http://www.tba.org/tba_files/AG/2003/OP56.pdf
Removal of Recorded Deed
Date: May 1, 2003
Opinion Number: 03-057
http://www.tba.org/tba_files/AG/2003/OP57.pdf
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