Opinion Flash

July 01, 2003
Volume 9 — Number 116

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
08 New Opinion(s) from the Tennessee Court of Appeals
00 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


	PHYLLIS  PATRICE BRADEN v. NISSAN NORTH AMERICA, INC., et al.

Court:TSC - Workers Comp Panel

Attorneys:      

William L. Underhill and Aubrey T. Givens, Madison, Tennessee, for the
appellant,  Phyllis Patrice Braden.

Van French and Larry G. Trail, Murfreesboro, Tennessee, for the
appellees, Nissan North America, Inc., and Royal Sunalliance Insurance
Company.                    

Judge: WEATHERFORD

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.   In this case, the employee sustained an elbow injury caused by
her repetitive work activities.  The trial court found that the
employee had suffered a 10% vocational disability to her right arm. 
In her appeal, the employee argues that the evidence preponderates
against a finding of 10% and that the judgment in this matter should
be increased to adequately compensate the plaintiff for her loss of
employment opportunity.  For the reasons stated in this opinion, we
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/bradenphyllis.wpd

BANKERS TRUST COMPANY, v. TIMOTHY L. COLLINS and APRIL COLLINS, LOU
ROBERTSON, and COMMERCIAL CREDIT PLAN, INCORPORATED

Court:TCA

Attorneys:          

Edward T. Brading, Johnson City, Tennessee, for Appellant.

Stanley F. Roden, Knoxville, Tennessee, for Appellees.                

Judge: FRANKS

First Paragraph:

In this declaratory judgment action, the Trial Court held that
recorded trust deeds and notes had priority over unrecorded trust
deeds and notes and dismissed the action.  We affirm.

http://www.tba.org/tba_files/TCA/bankers.wpd

GLORIA JEAN CHAMBLISS, et al. v. DENNIS L. STOHLER, M.D., P.C., et al.

Court:TCA

Attorneys:   

Kenneth O. Fritz, Chattanooga, Tennessee, for the Appellants, Gloria
Jean Chambliss and Willie Chambliss.

H. Dean Clements and Robert L. Haun, Chattanooga, Tennessee, for the
Appellee, Dennis L. Stohler, M.D., P.C.
                       
Judge: SWINEY

First Paragraph:

Gloria Jean Chambliss saw Dennis L. Stohler, M.D. ("Defendant") for
medical care and treatment for problems related to her right knee. 
Ms. Chambliss was dissatisfied with the results of Defendant's
treatment.  Ms. Chambliss and her husband, Willie Chambliss
("Plaintiffs") sued Defendant for medical malpractice.  Defendant
filed a motion for summary judgment, which the Trial Court granted. 
Plaintiffs filed a Tenn. R. Civ. P. 59.04 motion to alter or amend the
judgment and also a motion to allow the filing of an amended affidavit
of Plaintiffs' expert.  The Trial Court denied the motions to alter or
amend.  Plaintiffs appeal.  We affirm.

http://www.tba.org/tba_files/TCA/chamblissgj.wpd

JOHN HANNAH, JR. v. LINDSAY CRUSSELL, et al.
WITH CONCURRING OPINION

Court:TCA

Attorneys:         

Gary L. Adkins, Knoxville, Tennessee, for the Appellant, John Hannah,
Jr.

James C. Cone, Knoxville, Tennessee, for the Appellee, State Farm
Mutual Automobile Insurance Company.                 

Judge: SWINEY

First Paragraph:

John Hannah, Jr. ("Plaintiff") and Lindsay Crussell were involved in
an automobile accident.  At the time of the accident, Lindsay Crussell
was driving a vehicle owned by Gina Swainson and Charles Swainson. 
Plaintiff sued Lindsay Crussell, Gina Swainson, and Charles Swainson
("Defendants").  In compliance with Tenn. Code Ann. S 56-7-1206,
Plaintiff served State Farm Mutual Automobile Insurance Company
("State Farm"), Plaintiff's uninsured motorist carrier, with a copy of
the complaint.  State Farm filed a motion for summary judgment.  The
Trial Court granted State Farm summary judgment because Defendants
were not uninsured.  Plaintiff appeals.  We affirm, in part, and
vacate, in part.

http://www.tba.org/tba_files/TCA/hannahj_opn.wpd

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/hannahj_con.wpd

DAVID T. HILL v. HERBERT S. MONCIER, et al.

Court:TCA

Attorneys: 

David T. Hill, Manchester, Kentucky, Pro Se.

Ursula Bailey, Knoxville, Tennessee, for the appellees, Herbert S.
Moncier and David S. Wigler.

Judge: SUSANO

First Paragraph:

David T. Hill sued Herbert S. Moncier and David S. Wigler ("the
Attorneys"), both of whom are attorneys engaged in the practice of law
in Knoxville, alleging legal malpractice.  According to Hill, the
Attorneys represented him in federal court in connection with
"criminal charges and criminal and civil forfeitures."  He was
convicted of conspiracy, conducting an illegal gambling operation, and
money laundering, fined $25,000, and received concurrent sentences of
57 months.  Forfeiture of property was ordered by the district court. 
In the instant case, Hill seeks to recover damages allegedly caused by
the Attorneys' malpractice.  The Attorneys moved for dismissal on two
grounds, i.e., (1) the failure of Hill to obtain post-conviction
relief, and (2) the bar of the statute of limitations.  The trial
court dismissed the complaint without reciting its basis for doing so.
 Hill appeals.  We affirm in part and reverse in part.

http://www.tba.org/tba_files/TCA/hilldt.wpd

EMMA B. JOHNSON v. KNOX COUNTY BOARD OF EDUCATION and KNOX COUNTY,
TENNESSEE

Court:TCA

Attorneys:

John P. Dreiser and J.  Anthony Farmer, Knoxville, Tennessee, for
Appellant.

Martha Haren McCampbell, Deputy Law Director, Knoxville, Tennessee,
for Appellee.

Judge: FRANKS

First Paragraph:

Plaintiff Johnson slipped and fell where water was in school's
hallway.  Defendants were granted Judgment on ground they had no
notice of condition of hallway. We reverse and remand.

http://www.tba.org/tba_files/TCA/johnsone.wpd

JAMES CHRISTOPHER KYZER v. PATTY BLACKBURN

Court:TCA

Attorneys:  

Conrad Finnell, Cleveland, Tennessee, for the Appellant, Patty
Blackburn

Jimmy W. Bilbo, Cleveland, Tennessee, for the Appellee, James
Christopher Kyzer

Judge: GODDARD

First Paragraph:

This is a custody dispute between James Christopher Kyzer, the father
of Haleigh Sharee Kyzer, d.o.b. 10/6/93, and the child's maternal
grandmother, Patti Blackburn, which arose after Haleigh's mother, the
ex-wife of Mr. Kyzer, was killed in an automobile accident.  The Trial
Judge awarded custody to the father upon his finding that "there has
been no showing of substantial risk of harm to the child."  We affirm.

http://www.tba.org/tba_files/TCA/kyzerjames.wpd

JOHN S. DOE v. RANDALL E. PEDIGO, et al.
WITH CONCURRING OPINION

Court:TCA

Attorneys:     

Herbert S. Moncier, Knoxville, for the Appellant, John S. Doe

John S. Owings and Robert C. McConkey, III, Knoxville, for the
Appellees Knox County, Tennessee, Randall E. Pedigo in his official
capacity, and Timothy Hutchison in his official capacity.

Dean B. Farmer and Keith L. Edmiston, Knoxville, for the Appellee
Timothy Hutchison in his individual capacity.

Judge: GODDARD

First Paragraph:

Plaintiff John S. Doe brought this action against Dr. Randall E.
Pedigo, Knox County Sheriff Timothy Hutchison, and Knox County,
Tennessee.  Plaintiff sued Dr. Pedigo and Sheriff Hutchison in their
individual and official capacities, alleging liability under 42 U.S.C.
1983 and  T.C.A. sections 8-8-302, 8-19-301 and 29-20-205.  The events
which form the basis for Plaintiff's complaint occurred on June 13,
1994, when Dr. Pedigo, who was then the Knox County Chief Medical
Examiner,  injected Plaintiff with an incapacitating drug without
Plaintiff's permission, and for the purpose of Dr. Pedigo's sexual
gratification, took photographs of him in the nude.  The Trial Court
granted summary judgment to Knox County, to Sheriff Hutchison in both
his individual and official capacity, and to Dr. Pedigo in his
official capacity.  We affirm the Trial Court's judgment in part and
vacate in part.

http://www.tba.org/tba_files/TCA/pedigo_opn.wpd

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/pedigo_con.wpd

SAM C. WEAVER v. KNOX COUNTY BOARD OF ZONING APPEALS, et al.

Court:TCA

Attorneys:  

Matthew J. Evans and Andrew R. Tillman, Knoxville, Tennessee, for the
appellant, Sam C. Weaver.

Mary D. Miller and Melody D. Musick, Knoxville, Tennessee, for the
appellees, Crown Communications, Inc. and BellSouth Personal
Communications, Inc., dba Cingular Wireless.

Michael W. Moyers, Senior Deputy Law Director, for the appellee, Knox
County Board of Zoning Appeals.                        

Judge: SUSANO

First Paragraph:

Sam C. Weaver filed a petition for writ of certiorari, seeking an
order of the trial court setting aside the decision of the Knox County
Board of Zoning Appeals ("the BZA") granting Crown Communications,
Inc., and BellSouth Personal Communications, Inc., dba Cingular
Wireless, (collectively "the cellular companies") permission to
construct a 195-foot cellular tower on property owned by one of
Weaver's neighbors.  The trial court dismissed the petition.  We
affirm.

http://www.tba.org/tba_files/TCA/weaversc.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association