Opinion Flash

October 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):
00 New Opinion(s) from the Tennessee Supreme Court
01 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
00 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


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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