Opinion FlashAugust 19, 2003
Volume 9 Number 150
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
TOMMY CAREY v. CAMDEN CASTINGS CENTER, INC., ET AL. Court:TSC - Workers Comp Panel Attorneys: George L. Morrison, III, Jackson, Tennessee, and Mary Dee Allen, Cookeville, Tennessee, for appellant Tommy Carey. R. Scott Pietrowski, Jackson, Tennessee, for appellee, Camden Casting Center, Inc. E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee, for appellee Second Injury Fund Judge: WALLACE 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. Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found this action barred by the statute of limitations. We affirm the trial court. http://www.tba.org/tba_files/TSC_WCP/carey.wpd
ANGELINA GILLEY v. EXPRESS CHECK ADVANCE, ET AL. Court:TSC - Workers Comp Panel Attorneys: Kenneth R. Rudstrom, Memphis, Tennessee and Mildred L. Sabbatini, Memphis, Tennessee for Appellants, Express Check Advance and Gary Frazier, d/b/a/Express Check Advance. Jeffery A. Garrety, Jackson, Tennessee and Joseph R. Taggart, Jackson, Tennessee, for Appellee, Angelina Gilley. Judge: WALLACE 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. Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found that the employee was permanently and totally disabled through age sixty-five as a result of compensable injuries, including a herniated disk and Post Traumatic Stress Disorder. In this appeal, the employer questions the court's findings as to causation, amount of disability, temporary benefits and medical benefits. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/gilley.wpd
KIM BROWN and PETE PETERSEN o/b/o TODD PETERSEN, deceased v. HAMILTON COUNTY, TENNESSEE Court:TCA Attorneys: Jeffrey W. Rufolo and Thomas Greenholtz, Chattanooga, Tennessee, for Appellants. R. Dee Hobbs, Office of Hamilton County Attorney, Chattanooga, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Action filed pursuant to the Governmental Tort Liability Act was dismissed on the grounds defendant's acts were planning/discretionary functions and immune. Also Public Duty Doctrine barred recovery. We reverse and remand. http://www.tba.org/tba_files/TCA/brownk.wpd
JAMES P. LEA v. LINDA GAYLE LEA Court:TCA Attorneys: Mark G. Rothberger, Chattanooga, Tennessee, for Appellant. Selma Cash Paty, Chattanooga, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Husband asked Trial Court to terminate alimony obligation, and the amount of alimony was reduced. On appeal, we affirm, as modified. http://www.tba.org/tba_files/TCA/leaj.wpd
STATE OF TENNESSEE v. HOWARD B. HIGLEY Court:TCCA Attorneys: David W. Wallace and Bryan H. Hoss, Chattanooga, Tennessee (on appeal); and Lee Davis, Chattanooga, Tennessee (on appeal and at trial), for the appellant, Howard B. Higley. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; William H. Cox, III, District Attorney General; and Parke Masterson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Hamilton County jury convicted the Defendant of driving under the influence (DUI), second offense. The trial court sentenced the Defendant to the following: "11 months, 29 days suspended after 6 months day for day (11 months, 29 days suspended probation after the 6 months)." The trial court also revoked the Defendant's driver's license for two years, ordered the Defendant to pay a $610 fine, and ordered the Defendant to avoid alcohol throughout the probation period. In addition, the trial court imposed twenty days of community service to be completed within one year. The Defendant now appeals, arguing the following: 1) that the trial court erred by denying the Defendant's motion to suppress the results of a breathalyser test, 2) that the trial court erred by limiting the testimony of the Defendant's accident re-construction expert's testimony about the Tennessee Department of Transportation's statistics regarding traffic accidents that occurred at the intersection in question, and 3) that the trial court abused its discretion by sentencing the Defendant to a sentence in excess of the maximum sentence available by statute for a DUI second offense. Finding no reversible error as concerns the conviction, we affirm the conviction. We vacate the sentence and remand for entry of an amended judgment. http://www.tba.org/tba_files/TCCA/higleyhb.wpd
RONALD W. RICE v. DAVID MILLS, WARDEN Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Scott McCluen, District Attorney General; and Frank Harvey, Assistant District Attorney General, for the appellant, State of Tennessee. Andrew N. Hall, Wartburg, Tennessee, for the appellee, Ronald W. Rice. Judge: OGLE First Paragraph: The petitioner, Ronald W. Rice, filed in the Morgan County Criminal Court ("the habeas court") for habeas corpus relief, alleging that he received an illegal sentence for his conviction for an aggravated rape which occurred in 1983. The habeas court granted the petitioner relief. On appeal, the State contends that the habeas court erred in finding that the petitioner was entitled to relief. Upon review of the record and the parties' briefs, we reverse the judgment of the Morgan County Criminal Court, reinstate the petitioner's aggravated rape conviction, and remand to the Williamson County Criminal Court ("the convicting court") for correction of the judgment of conviction. http://www.tba.org/tba_files/TCCA/ricerw.wpd
BARRY WINFRED RITCHIE v. STATE OF TENNESSEE Court:TCCA Attorneys: Barry Winfred Ritchie, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; and William H. Cox, III, District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: In a series of steps designed to challenge his 1981 convictions for armed robbery and aggravated rape, Petitioner, Barry Winfred Ritchie, filed various pro se motions including (1) a motion for post- conviction relief and/or writ of error coram nobis, (2) a motion for relief of judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, (3) a petition for common law writ of certiorari, and (4) a motion to quash the indictments and correct an illegal sentence. All pleadings are predicated on the same allegation that the Hamilton County Criminal Court lacked territorial jurisdiction to try and convict Petitioner of the charged offenses. Following a careful review of the record, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/ritchie.wpd
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