Opinion Flash

January 06, 2004
Volume 10 — Number 003

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
00 New Opinion(s) from the Tennessee Court of Appeals
01 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


JUANITA BOLING, Appellee v. SAK'S INCORPORATED a/k/a HECHT'S and
LIBERTY MUTUAL INSURANCE GROUP,  and SUE ANN HEAD, DIRECTOR,
DEPARTMENT OF LABOR, WORKERS' COMPENSATION DIVISION, SECOND INJURY
FUND, Appellants

Court:TSC - Workers Comp Panel

Attorneys:                          

J. Frank Thomas, Leitner, Williams, Dooley & Napolitan, PLLC,
Nashville, TN, for appellant, Sak's Incorporated.

Paul G. Summers and E. Blaine Sprouse, Attorney General, Nashville,
TN, for appellant, Second Injury Fund.

Daniel C. Todd, Todd and Floyd, PLC, Nashville, TN, for appellee,
Juanita Boling.

Judge: CLEMENT

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S 50-6-225(e)(3) for hearing and reporting findings of fact and
conclusions of law.  The issues presented pertain to a 71 year old
employee of Sak's Incorporated who sustained two separate injuries.
The employee and Sak's settled the first case, involving injuries to
the left shoulder, for the maximum benefits stating in the settlement
that the employee was "100% permanently partially disabled."  The
matter on appeal involves an injury to the back that occurred within
one month  of the prior injury.  The trial court found the employee
permanently and totally disabled from her back injury and awarded her
the maximum benefits.  Moreover, the trial court construed the prior
order as a finding of 100% permanent total disability to the body as a
whole and held the appellant, Second Injury Fund of the Department of
Labor, liable for the entire  award for the back injury.  For reasons
stated herein, the panel affirms the judgment of the trial court as
modified.

http://www.tba.org/tba_files/TSC_WCP/bolingjuanita.wpd

STATE OF TENNESSEE v. DARRELL GLEN SMITH
CORRECTED OPINION

Court:TCCA

Attorneys:                          

Edward C. Miller, District Public Defender, for the appellant, Darrell
Glen Smith.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and James B. Dunn, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Darrell Glen Smith, appeals as of right from his
conviction by a jury in the Cocke County Circuit Court for first
degree murder.  The defendant was sentenced to life imprisonment with
the possibility of parole.  He contends that (1) the evidence is
insufficient to support the jury's rejection of his insanity defense
and (2) the trial court erred in failing to grant a new trial due to
juror misconduct.  We affirm the trial court's judgment of conviction.

http://www.tba.org/tba_files/TCCA/smithdarrellglen.wpd

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