Opinion Flash

February 26, 2004
Volume 10 — Number 038

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
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
06 New Opinion(s) from the Tennessee Court of Appeals
02 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


FLOYD BOULDIN v. WARREN COUNTY SHERIFF'S DEPARTMENT AND WARREN COUNTY,
TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys:                          

Larry B. Stanley, McMinnville, Tennessee, for Appellants, Warren
County Sheriff's Department and Warren County, Tennessee.

Barry Medley, McMinnville, Tennessee, for Appellee, Floyd Bouldin.

Judge: TURNBULL

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. 50-6-225(e)(3).  Defendant challenges the
admission of expert medical opinion as based on erroneous records and
insists the amount of the award is excessive because it exceeds the
two and one-half times cap.  We affirm the judgment of the trial
court.

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

MICHAEL WAYNE PHILLIPS v. LIBERTY MUTUAL INSURANCE COMPANY and UNITED
PARCEL SERVICE

Court:TSC - Workers Comp Panel

Attorneys:                          

David T. Hooper, Brentwood, Tennessee, for Liberty Mutual Insurance
Company and United Parcel Service, Inc., Appellants.

William Joseph Butler and E. Guy Holliman, McMinnville, Tennessee, for
Michael Wayne Phillips, Appellee.

Judge: TURNBULL

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. 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of Findings of Fact and Conclusions of Law.  The trial
court found plaintiff suffered a compensable injury to his back,
sustained a forty-eight percent permanent partial disability to the
body as a whole, suffered a compensable carpal tunnel injury to his
right arm, and sustained a twenty-five percent permanent partial
disability to the right arm.  The employer challenges the
compensability of the arm injury and the amount of each award.  We
affirm the judgment of the trial court.

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

CHARLES BROWN, ET AL. v. CROWN EQUIPMENT CORPORATION 

Court:TCA

Attorneys:                          

Lisa June Cox, Jackson, Tennessee, Gerson H. Smoger, Dallas, Texas and
J. Brent Austin, Lexington, Kentucky, for the appellants, Charles
Brown, Barbara Sue Reynolds and Howard Reynolds.

Thomas J. Cullen, Jr., Baltimore, Maryland and William W. Dunlap, Jr.
and Shannon E. Holbrook, Memphis, Tennessee, for the appellee, Crown
Equipment Corporation.

Judge: FARMER

First Paragraph:

Plaintiffs filed suit against Defendant, seeking compensatory and
punitive damages based on injuries allegedly caused by the defective
nature of Defendant's forklifts.  At the conclusion of Plaintiffs' and
Defendant's expert testimony, the trial court granted Defendant's
motion to exclude Plaintiffs' experts and the Defendant's motion for
directed verdict.  Plaintiffs appeal these decisions.  We affirm.

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

CREW ONE PRODUCTIONS, INC. v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General and Heather C. Ross, Senior Counsel, for the
appellant, State of Tennessee.

Willis Jackson, Knoxville, Tennessee, for the appellee, Crew One
Productions, Inc.

Judge: FARMER

First Paragraph:

This is an employment tax case.  The State of Tennessee appeals the
determination of the Tennessee Claims Commission that Crew One
Productions is not liable for Tennessee employment tax by virtue of a
federal safe harbor provision known as section 530.   We reverse,
holding Tennessee is not bound by the federal safe harbor provision.

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

PATRICIA A. DYE and ROGER L. QUILLEN, CO-ADMINISTRATORS OF THE ESTATE
OF JIMMY DOYLE DYE, DECEASED, ET AL. v. R. LOUIS MURPHY, M.D., ET AL.

Court:TCA

Attorneys:                          

Robert P. Starnes, Norton, Virginia, for the appellants, Patricia A.
Dye and Roger L. Quillen, Co- Administrators of the Estate of Jimmy
Doyle Dye, Deceased.

Timothy G. Wehner and Lee R. Sparks, Jackson, Tennessee, for the
appellee, Dr. Roger Woods.

Judge: FARMER

First Paragraph:

This appeal arises from the trial court's award of summary judgment to
the Defendant in a medical malpractice action.  The trial court
awarded summary judgment based on the statute of limitations.  We
affirm.

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

IN RE: ESTATE OF ERIN MURRAY JONES 

Court:TCA

Attorneys:                          

Carrol D. Kilgor, Nashville, Tennessee, for the appellants, Raymond
Burnett and Evie Moore.

John A. Day, Rebecca C. Blair and Vincent Zuccaro, Brentwood,
Tennessee, for the appellees, Sonnie E. Potts and Virginia S. Potts.

Michael H. Johnson, Nashville, Tennessee, for the appellant, Mary
McGowan.

Jerry Scott, Murfreesboro, Tennessee, for the appellee, Lucy DePriest.

Peggy D. Mathes, Guardian Ad Litem, Nashville, Tennessee, for the
appellees, minor children.

William L. Harbison, Mark T. Smith, Nashville, Tennessee, for the
appellee, Kimberly Ingram.

Judge: FARMER

First Paragraph:

This appeal is from a will contest.  The trial court entered judgment
according to the terms of a settlement agreement between the parties. 
Appellants contend they withdrew their agreement to the settlement
before approval of the agreement by the trial court.  They accordingly
submit the agreement is not enforceable. We affirm judgment of the
trial court enforcing the terms of the settlement agreement.

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

ROY V. SMITH, II v. GRACE HUTCHISON (BLAIR) 

Court:TCA

Attorneys:                          

Barbara A. Deere and Thomas E. Weakley, Dyersburg, Tennessee, for the
appellant, Roy V. Smith, II.

Dean P. Dedmon, Dyersburg, Tennessee, for the appellee, Grace
Hutchison (Blair).

Judge: FARMER

First Paragraph:

Father filed a petition for an initial determination of custody
against the Mother.  Father alleged that he was the fit and proper
person for the custody of the child.  Based on the evidence presented
at trial, the juvenile court entered a judgment and permanent
parenting plan which found that the Mother was more comparatively fit
to continue serving as the primary residential caregiver.  Father
appeals the trial court's judgment.  We affirm.

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

LINDA WARD, Individually and as Natural Child and Surviving Next of
Kin of NELLIE M. CURLIN, deceased v. AMI SUB (SFH), INC., ET AL.

Court:TCA

Attorneys:                          

Randal J. Phillips and Robert N. Russ, Jackson, Tennessee, for the
appellant, Linda Ward.

John C. Ryland and Michael G. McLaren, Memphis, Tennessee, for the
appellee, Luis A. Fiallo, M.D.

Judge: FARMER

First Paragraph:

This appeal arises from a medical malpractice action.  The trial court
awarded Defendant Luis A. Fiallo, M.D.,  summary judgment based on the
statute of limitations and statute of repose.  We affirm.

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

GEORGE PICKLE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Robert B. Gaia, Memphis, Tennessee, for the appellant, George Pickle.

Paul G. Summers, Attorney General & Reporter; Michelle R. Chapman,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: GLENN

First Paragraph:

This matter is before the Court upon the State's motion to affirm the
judgment of the trial court by opinion pursuant to Rule 20, Rules of
the Court of Criminal Appeals.  The Petitioner is appealing the trial
court's denial of habeas corpus relief.  The Petitioner fails to
assert a ground of relief entitling him to habeas corpus relief. 
Accordingly, the State's motion is granted and the judgment of the
trial court is affirmed.

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

STATE OF TENNESSEE v. CHRISTOPHER JEROME TAYLOR

Court:TCCA

Attorneys:                          

Clifford K. McGown, Jr., Waverly, Tennessee (on appeal) and Shana
McCoy-Johnson, Somerville, Tennessee (at trial and of counsel on
appeal), for the appellant, Christopher Jerome Taylor.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Thomas E. Williams, III, Assistant Attorney
General; Elizabeth T. Rice, District Attorney General; and Terry
Dycus, Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Fayette County jury convicted the Defendant, Christopher Jerome
Taylor, of possession of more than 0.5 grams of cocaine with intent to
deliver, possession of more than 0.5 ounces of marijuana with intent
to deliver, and felony possession of a handgun.  Following a
sentencing hearing, the trial court imposed concurrent sentences of
eighteen years for cocaine possession, three years for marijuana
possession, and three years for felony possession of a handgun.  On
appeal, the Defendant contends: (1) that insufficient evidence exists
in the record to support his convictions; and (2) that his sentence is
excessive.  Finding no reversible error, we affirm the trial court's
judgments.

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

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