Opinion Flash

January 21, 2004
Volume 10 — Number 013

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):
01 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
01 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

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.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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


GINNIE LEACH and J.T. HILL, JR. v. TIM TAYLOR and LARRY TAYLOR,
individually and doing business as HUNT FUNERAL HOME

Court:TSC

Attorneys:                          

Michael Ernest Evans, Nashville, Tennessee, for the appellants, Tim
Taylor and Larry Taylor, individually and doing business as Hunt
Funeral Home.

Joseph Ray Taggart, Jackson, Tennessee, for the appellees, Ginnie
Leach and J.T. Hill, Jr.

Judge: DROWOTA

First Paragraph:

We granted permission to appeal in this case to determine whether the
Court of Appeals erred in holding that the complaint failed to state a
claim for intentional infliction of emotional distress.  We also
consider Defendants' contention that the Court of Appeals erred in
holding that Plaintiffs' cause of action was not time-barred because
the discovery rule applies to this case.  We hold that Plaintiffs'
complaint is sufficient to state a claim for intentional infliction of
emotional distress.  The complaint alleges all the elements of the
cause of action.  We also hold that the discovery rule tolled the
statute of limitations in this case.  Plaintiffs could not have been
expected to know, in the exercise of reasonable diligence, that
Defendants' alleged statements were false, and therefore could not
have been expected to know that an injury had occurred because of the
false statements.  Accordingly, the holding of the Court of Appeals is
affirmed in part and reversed in part, and this case is remanded to
the trial court.

http://www.tba.org/tba_files/TSC/leachginnie.wpd

ROBERT TERRY MOORE v. THE TOWN OF COLLIERVILLE, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Steve Taylor, Memphis, Tennessee, for the Appellant, Robert Terry
Moore.

W. Timothy Hayes, Jr., Memphis, Tennessee, for the Appellees, The Town
of Collierville and Tennessee Municipal League, Inc.

Judge: ANDERSON

First Paragraph:

In this workers' compensation appeal, we must determine whether an
employer is liable to a health insurer who paid necessary and
reasonable medical expenses incurred by an employee but did not
intervene in the workers' compensation claim to protect its interest. 
Although the trial court found that the treatment was necessary and
reasonable, it further found that the employer was not liable for the
medical expenses paid by the employee's health insurer because the
insurer failed to intervene and prove its interest.  The employee
appealed to the Special Workers' Compensation Appeals Panel, which
transferred the case for full Court review without a recommendation. 
After reviewing the record and applicable authority, we have
determined that the employer is liable to the employee's health
insurer for all reasonable and necessary medical expenses and that the
health insurer is not required to intervene in the workers'
compensation suit.  Because the record does not fully develop the
nature and extent of the expenses paid by the health insurer, we
remand to the trial court for that purpose and further action
consistent with this opinion.

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

MELVIN ALEXANDER v. QUENTON WHITE

Court:TCA

Attorneys:                          

Melvin Alexander, Nashville, Tennessee, Pro Se.

Paul G. Summers, Nashville, Tennessee, for the appellee, Quenton
White,  Commissioner for Department of Correction, State of Tennessee.

Judge: CLEMENT

First Paragraph:

This is an appeal as of right by an inmate with the Tennessee
Department of Correction who had filed a petition for declaratory
judgment in the Davidson County Chancery Court seeking to have the
court review the Department of Correction's calculation of his
sentence.  The Chancery Court entered an order which required the
petitioner to comply with the statutory requirements of Tenn. Code
Ann. S 41-21-801, et seq. and to submit a summons along with a copy of
the petition for service upon the respondent.  The Chancery Court
dismissed his declaratory judgment petition for lack of prosecution
due to the petitioner's failure to comply with its order.  We affirm.

http://www.tba.org/tba_files/TCA/alexandermelvin.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2004 Tennessee Bar Association