Opinion FlashOctober 22, 2003
Volume 9 Number 193
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
SHARP MANUFACTURING COMPANY OF AMERICA v. NICOLE M. SULLIVAN v. THE YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA Court:TSC - Workers Comp Panel Attorneys: Ronald L. Harper and R. Scott Vincent, Memphis, Tennessee, for appellants, Sharp Manufacturing and Yasuda Fire and Marine Insurance Company. Ben L. Daniel, Memphis, Tennessee, for appellee, Nicole Sullivan 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 found the plaintiff suffered a 50 percent disability to her body as a whole as a result of injury to her leg and abdomen, obviously applying the 2 _ times multiplier to the treating physician's impairment rating. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's findings and we affirm. http://www.tba.org/tba_files/TSC_WCP/sharp.wpd
RICHARD HOOPER, ET AL. v. RONALD MOSER Court:TCA Attorneys: Charles Galbreath, Nashville, Tennessee, for the appellant, Richard Hooper. John P. Brown, III, Nashville, Tennessee, for the appellee, Ronald Moser. Judge: KOCH First Paragraph: This appeal involves the aftermath of the revelation of a long-kept secret regarding the parentage of a 28-year-old woman. When the woman discovered that the man who had raised her was not her biological father, she and her now stepfather filed suit in the Circuit Court for Davidson County against the person her mother identified as her biological father, seeking confirmation of her parentage and compensatory and punitive damages. The trial court dismissed the damage claims after court-ordered genetic testing confirmed that the defendant was the woman's biological father. The stepfather has appealed. We have concluded that the stepfather's damage claims should have been dismissed even though we do not subscribe to the trial court's reasoning. He has failed to demonstrate that he will be able to prove all the essential elements of his fraud or misrepresentation claim, and his implied contract claim is barred by the statute of repose in Tenn. Code Ann. S 36-2- 306(a) (2001). http://www.tba.org/tba_files/TCA/hooperr.wpd
ARTHUR L. LYNN v. RANDY C. CAMP, COMMISSIONER, ET AL. Court:TCA Attorneys: Larry D. Woods, Nashville, Tennessee, for the appellant, Arthur L. Lynn. Paul G. Summers, Attorney General & Reporter; Steven B. McCloud, Assistant Attorney General, for the appellees, Randy C. Camp, Commissioner and Elisabeth Rukeyser, Commissioner of the Tennessee Department of Mental Health and Developmental Disabilities. Judge: CAIN First Paragraph: This case concerns a petition for judicial review filed in chancery court. The petition sought review of the ALJ's order affirming the Petitioner's termination for sleeping on the job in violation of the Arlington Development Center's policy. The chancellor dismissed the Petition. We affirm the Chancellor. http://www.tba.org/tba_files/TCA/lynnarthur.wpd
STATE OF TENNESSEE, EX REL TIFFAYNE N. RAYBON, ET AL. v. ANTHONY McELRATH Court:TCA Attorneys: Clark Lee Shaw, Nashville, Tennessee, and Laura Tek, Madison, Tennessee, for the appellant, Anthony McElrath. Paul G. Summers, Attorney General and Reporter, and Stuart F. Wilson-Patton, Senior Counsel, for the appellee, State of Tennessee, on behalf of Tiffayne N. Raybon and Leah Cheatham. Judge: KOCH First Paragraph: This appeal involves an unemployed and disabled father's obligation to support three of his non- marital children. The mothers of the three children filed separate petitions in the Davidson County Juvenile Court seeking to compel the father to pay child support. The father responded that his only source of income - the benefits he receives as a disabled adult child of a deceased worker under 42 U.S.C.A. S 402(d) (West 2003) - should not be treated as income for the purpose of the Child Support Guidelines. Both the referee and the juvenile court judge disagreed and directed the father to pay child support. The father appealed. We have determined that the juvenile court erred by treating the father's Section 402(d) benefits as income for the purpose of calculating child support. http://www.tba.org/tba_files/TCA/raybon.wpd
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