Opinion FlashAugust 28, 2003
Volume 9 Number 157
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
LINDSAY E. ALFORD, ET AL. v. THE OAK RIDGE CITY SCHOOLS Court:TCA Attorneys: Jerry Shattuck, Clinton, Tennessee, for the appellants, Lindsay E. Alford and David R. Alford, IV. John C. Duffy, Knoxville, Tennessee, and James M. Webster, Oak Ridge, Tennessee, for the appellee, The Oak Ridge City Schools. Judge: SUSANO First Paragraph: Lindsay E. Alford ("the plaintiff") and her father, David R. Alford, IV , sued The Oak Ridge City Schools ("the high school") under the Governmental Tort Liability Act ("GTLA") for injuries sustained by the plaintiff when she slipped on a hallway floor at Oak Ridge High School, where she was a student. At the conclusion of the plaintiff's proof, the trial court granted the high school's motion for an involuntary dismissal, finding that, while the plaintiff had proven the existence of water on the floor, she had failed to prove that the high school knew or should have known about the water. From this ruling, the plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/alfordle.wpd
AUSSIE LEE HUMPHREY, ET AL. v. STATE OF TENNESSEE Court:TCA Attorneys: Herbert A. Thornbury, Chattanooga, Tennessee, for the appellants, Aussie Lee Humphrey and Manza Humphrey. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Rebecca Lyford, Assistant Attorney General, for the appellee, State of Tennessee. Judge: SUSANO First Paragraph: This claim against the State of Tennessee arises out of a three-vehicle accident. The plaintiff, Aussie Lee Humphrey , who was driving one of the vehicles, sued William Alan Klingensmith, the driver of one of the other vehicles. After the one-year period of limitations found in Tenn. Code Ann. S 28-3-104 (2000) had expired, Klingensmith amended his answer to allege the comparative fault of the State. Within 90 days of the amendment, Humphrey filed a claim against the State, relying upon Tenn. Code Ann. S 20-1-119 (Supp. 2002). The Claims Commission held that the State was not one of the "governmental entities" contemplated by the language of Tenn. Code Ann. S 20-1-119(g) and dismissed the claim against the State. Humphrey appeals. We reverse. http://www.tba.org/tba_files/TCA/humphreyal.wpd
TGJ & CO., INC. dba ARBY'S ROAST BEEF RESTAURANTS v. MICHAEL E. MAGILL, COMMISSIONER, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, ET AL. Court:TCA Attorneys: Douglas A. Blaze, Nathaniel K. Cherry, Clinic Attorney, and Elizabeth Dilbeck, Clinic Attorney, Knoxville, Tennessee, for the appellant, Margaret E. Bowers. Paul G. Summers, Attorney General and Reporter, and Warren A. Jasper, Assistant Attorney General, for the appellee, Michael E. Magill, Commissioner, Department of Labor and Workforce Development. H. Bruce Guyton, J. Chadwick Hatmaker, and Robert L. Vance, Knoxville, Tennessee, for the appellee, TGJ & Co., Inc. dba Arby's Roast Beef Restaurants. Judge: SUSANO First Paragraph: Margaret E. Bowers ("the Claimant") appeals the judgment of the trial court, which reversed an administrative determination of the Commissioner of the Department of Labor and Workforce Development ("the Commissioner"). The Commissioner had held that the Claimant is eligible for unemployment compensation as a result of the termination of her employment with TGJ & Co., Inc. ("the Employer"). Because we hold that the Claimant voluntarily quit her employment without good cause, we affirm the trial court. http://www.tba.org/tba_files/TCA/tgj.wpd
Local Education Agency's refusal to enroll child in Department of Children's Services custody who has been suspended or expelled from another Local Education Agency. Date: August 21, 2003 Opinion Number: 03-105 http://www.tba.org/tba_files/AG/2003/op105.pdf
Jailers' Fees for Misdemeanants Date: August 22, 2003 Opinion Number: 03-106 http://www.tba.org/tba_files/AG/2003/op106.pdf
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