Opinion FlashJuly 01, 2003Volume 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):
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. Howard H. Vogel 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
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