Opinion FlashDecember 03, 2003Volume 9 — Number 220 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel SHARON A. BATTLE v. METHODIST MEDICAL CENTER Court:TSC - Workers Comp Panel Attorneys: April Carroll Meldrum, of Clinton, Tennessee, for Appellant, Sharon A. Battle. Robert W. Knolton, of Oak Ridge, Tennessee, for Appellee, Methodist Medical Center. Judge: THAYER 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.S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the employee 5 percent permanent partial disability for a shoulder injury and 35 percent permanent partial disability for a neck injury. Plaintiff contends the awards are insufficient; the court was in error in capping the awards at two and one-half times impairment; and the court was in error in allowing discretionary costs. The judgment is affirmed. http://www.tba.org/tba_files/TSC_WCP/battles.wpd IN RE: BRIDGESTONE/FIRESTONE and FORD MOTOR COMPANY TIRE LITIGATOIN Court:TCA Attorneys: James F. Sanders, A. Scott Ross, Nashville, TN; Colin Smith, Charles Joern, Chicago, IL, for Appellant Firestone Stephen A. Marcum, Huntsville, TN; Jonathan Cole, Nashville, TN, for Appellant Ford Motor Company Steven A. Riley, Salvador M. Hernandez, Nashville, TN, for Appellant Bridgestone Corporation Steve North, Madison, TN; Mary Parker, Nashville, TN, for Appellees Judge: HIGHERS First Paragraph: This extraordinary appeal arises from the lower court's denial of Appellants' motion to dismiss under the doctrine forum non conveniens. The case is comprised of thirty-one lawsuits, based on automobile accidents in Mexico involving Ford and Firestone products, that are consolidated in Davidson County, Tennessee for pretrial purposes. Using the approach set forth by the Tennessee Supreme Court in Zurick v. Inman, the trial court found that dismissal of the case was not necessary. For the following reasons, we reverse the ruling of the lower court. http://www.tba.org/tba_files/TCA/bridgestonefirestone.wpd JOHN DOE 1, A MINOR CHILD, BY NEXT FRIEND, JANE DOE 1; JANE DOE 1, INDIVIDUALLY; AND JOHN DOE 2 v. ROMAN CATHOLIC DIOCESE OF NASHVILLE, ET AL. CORRECTED OPINION Court:TCA Attorneys: John A. Day, Christopher J. Pittman, Kelly J. Smits, Brentwood, Tennessee, for the appellants, John Doe 1, Jane Doe 1, and John Doe 2. Thomas F. Mink, Keith W. Blair; L. Gino Marchetti, Jr., Nashville, Tennessee, for the appellee, Roman Catholic Diocese of Nashville. Judge: COTTRELL First Paragraph: This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court. http://www.tba.org/tba_files/TCA/doej.wpd RICKY LEE JENKINS v. HEATHER MICHELE JOHNSON Court:TCA Attorneys: Thomas F. Bloom, Nashville, TN, for Appellant Gary W. Dodson, Sparta, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court. http://www.tba.org/tba_files/TCA/jenkinsrickyl.wpd IN RE ADOPTION OF WILLIAM DREW MUIR CORRECTED OPINION Court:TCA Attorneys: Charles G. Jenkins, Sr., Jasper, Tennessee, and Lisa Z. Espy, Chattanooga, Tennessee, for the appellant, April Ann Muir Whited. Marshall A. Raines, Jr., Jasper, Tennessee, for the appellee, Donald Ray Dalton. Judge: KOCH First Paragraph: This appeal involves the termination of the parental rights of the biological father of a five-year-old child. The child's mother and her husband filed a petition in the Circuit Court for Marion County seeking to terminate the biological father's parental rights and to approve the husband's adoption of the child. They proceeded with the petition even after they were divorced. Following a bench trial in May 2002, the trial court entered an order on December 2, 2002 denying the petition on the ground that the mother and her former husband had not established by clear and convincing evidence that the biological father had abandoned the child. The mother has appealed. We have determined that the December 2, 2002 order must be vacated because the trial court failed to make the specific findings of fact required by Tenn. Code Ann. S 36-1-113(k) (Supp. 2003). http://www.tba.org/tba_files/TCA/muir.wpd STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. T.L.C., ET AL. Court:TCA Attorneys: James H. Henry, II, Tullahoma, Tennessee, for the Appellant, R.L.P., Sr. Paul G. Summers, Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney General, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services Judge: GODDARD First Paragraph: In this appeal the Appellant, R.L.P, Sr., argues that the Trial Court erred in terminating his parental rights to his son, R.L.P., Jr. We vacate the judgment of the Trial Court and remand. http://www.tba.org/tba_files/TCA/statedcstlc.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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