Opinion Flash

August 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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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

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


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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