Opinion FlashJune 27, 2003
Volume 9 Number 114
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):
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Howard H. Vogel
RALPH LAVERNE GHOLSTON v. BROWN CHAIN LINK FENCE CONSTRUCTION CO., INC., et al. Court:TSC - Workers Comp Panel Attorneys: Randolph A. Veazey, Glasgow & Veazey, Nashville, Tennessee, for the appellants, Brown Chain Link Fence Construction Co., Inc. and Westfield Companies Edwin Z. Kelly, Jr., Kelly & Kelly, Jasper, Tennessee, for the appellee, Ralph Laverne Gholston Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee, for the appellee, Second Injury Fund 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 evidence preponderates against the trial court's finding of permanent and total disability and (2) the trial court erred by ordering the non-commuted benefits to be paid over a shortened period of time. As discussed below, the panel finds no reversible error in the record, but modifies the judgment with respect to the second issue, there being no objection to it. http://www.tba.org/tba_files/TSC_WCP/gholstonralph.wpd
JAMES DONALD LATTIMORE v. CNA INSURANCE COMPANY, et al. Court:TSC - Workers Comp Panel Attorneys: Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee, for the appellant, Second Injury Fund William Joseph Butler and E. Guy Holliman, Farrar, Holliman & Butler, Lafayette, Tennessee, for the appellee, James Donald Lattimore Daniel H. Rader, III and Lane Moore, Moore, Rader, Clift & Fitzpatrick, Cookeville, Tennessee, for the appellees, CNA Insurance Company and TRW Steering Systems, Inc. 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 Second Injury Fund insists the trial court erred in awarding disability benefits in excess of the limitation provided by law where the injured worker was more than sixty years old at the time of the injury. As discussed below, the panel has concluded the Second Injury Fund is not entitled to credit for overpayment made by the employer. http://www.tba.org/tba_files/TSC_WCP/lattimorejames.wpd
STATE OF TENNESSEE ex rel. STACY RAE ANDERSON v. STEPHEN LYLE TAYLOR Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter and Stuart F. Wilson-Patton, Senior Counsel, for the appellant, State of Tennessee ex rel. Stacy Rae Anderson. Stephen Lyle Taylor, appellee, Pro Se. Judge: KIRBY First Paragraph: This case involves retroactive child support payments. The child was born in 1990. A petition to establish paternity was filed in 1998. The father's paternity was established and the juvenile court referee entered a parentage order and set child support. The mother amended her petition to seek child support retroactive to the date of birth. The juvenile court referee awarded retroactive child support, but awarded only a portion of it to the mother, with the remainder to be placed in an educational trust fund for the benefit of the child. The juvenile court affirmed the decision of the juvenile court referee. The mother appeals. We affirm in part and reverse in part, finding no basis for the order that a portion of the retroactive support be paid into a trust fund. http://www.tba.org/tba_files/TCA/andersonsr.wpd
LOUIS FEDERICO v. ALADDIN INDUSTRIES, LLC Court:TCA Attorneys: H. Rowan Leathers, III, Douglas B. Janney, III, Nashville, Tennessee, for the Appellant Louis J. Federico. William N. Ozier, Nashville, Tennessee, for the Appellee Aladdin Industries, LLC. Judge: SWINEY First Paragraph: Louis Federico ("Plaintiff") began working for Aladdin Industries, LLC ("Aladdin") after they agreed in writing to his terms of employment. Among other things, they agreed Plaintiff would receive an annual salary of $180,000, plus a guaranteed bonus in the first year of $72,000. They also agreed to a separation package which provided that should Plaintiff lose his job other than through his own volition, he would receive "12 months' salary, prorated bonus and outplacement services." Plaintiff's position was eliminated before his first year of employment was completed. Plaintiff filed this lawsuit claiming the language in the separation package entitled him to a "separation bonus" of $72,000 in addition to the guaranteed first year bonus in the same amount. Aladdin disagreed, arguing Plaintiff was not entitled to any additional bonus over and above the guaranteed first year bonus because he never began working a second year. The Trial Court agreed with Aladdin and dismissed Plaintiff's complaint. Plaintiff appeals, and we affirm. http://www.tba.org/tba_files/TCA/federicol.wpd
STATE OF TENNESSEE v. GROVER DONNELL COWART Court:TCCA Attorneys: Doug Trant, Knoxville, Tennessee, for the appellant, Grover Donnell Cowart. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: This is an appeal from the trial court's denial of post-conviction relief. The Defendant, Grover Donnell Cowart, was originally convicted by a jury of attempted first degree premeditated murder and especially aggravated robbery; the jury acquitted the Defendant of additional charges of aggravated rape. On direct appeal, this Court reversed and remanded for retrial the Defendant's conviction of attempted first degree murder. See State v. Grover Donnell Cowart, No. 03C01-9512- CR-00402, 1999 WL 5174, at *1 (Tenn. Crim. App., Knoxville, Jan. 8, 1999). The Defendant subsequently filed for post-conviction relief with respect to the judgment of especially aggravated robbery, alleging that the State failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). After an evidentiary hearing, the trial court denied relief. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/cowartgd.wpd
STATE OF TENNESSEE v. LESLIE DARRELL DEBORD Court:TCCA Attorneys: M. Keith Davis, Dunlap, Tennessee, for the appellant, Leslie Darrell Debord. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; William E. Gibson, District Attorney General; and Anthony J. Craighead, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Leslie Darrell Debord, pled guilty in the Cumberland County Criminal Court to two counts theft of property over one thousand dollars ($1000), Class D felonies, and three counts of theft of property over ten thousand dollars ($10,000), Class C felonies. The trial court sentenced the appellant to an effective sentence of eight years incarceration in the Tennessee Department of Correction. The trial court suspended the appellant's sentence, ordering the appellant to serve 104 days in the Cumberland County Jail on consecutive weekends and the remainder in a community corrections program. Pursuant to the plea agreement, the appellant reserved the right to appeal certified questions of law challenging the trial court's denial of his motion to suppress. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/debordld.wpd
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