Opinion FlashJune 7, 2004Volume 10 — Number 109 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 ROBERT S. SHIPLEY v. RYDER TRUCK RENTALS, INC. Court:TSC - Workers Comp Panel Attorneys: Daniel C. Todd, Nashville, Tennessee, for Appellant, Ryder Truck Rental, Inc. David H. Dunaway, LaFollette, Tennessee, for Appellee, Robert S. Shipley Judge: CATE 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 its findings of fact and conclusions of law. In this appeal the employer complains that the trial court was in error (1) by allowing the surprise live testimony of Dr. C. M. Salekin contrary to the agreement of the parties and the court's prior orders; and (2) in awarding the employee 100 percent permanent disability to the left eye when the employee was legally blind in the left eye prior to the alleged injury and plaintiff failed to prove any loss of use. We disagree and affirm the trial court on these two issues. The employer also complains that the trial court erred in awarding prejudgment interest. We agree and reverse. http://www.tba.org/tba_files/TSC_WCP/shipleyrob.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0607.wpd In re C.D.C., JR. Court:TCA Attorneys: Edward Kershaw, Greeneville, Tennessee, for appellant, Christopher Dean Collins, Sr. Paul G. Summers, Attorney General and Reporter; Douglas Earl Dimond, Assistant Attorney General, for appellee, Tennessee Department of Children's Services. Judge: INMAN First Paragraph: This is a proceeding to terminate the parental relationship between father and son. The mother's relationship had been previously terminated at her request. The trial court terminated the father's parental relationship on statutory grounds of non-support, non visitation, and best interests. Father essentially argues that his son, who was born February 12, 1996 in Texas, was hidden from him, thereby frustrating his efforts to support or visit him. The trial court found that the Respondent had little credibility, that he had no permanent address, and that he failed to keep anyone apprised of his address for the last four years. Judgment affirmed. http://www.tba.org/tba_files/TCA/cdc.wpd KAY GILLIAM DULIN v. MICHAEL JAY DULIN Court:TCA Attorneys: Michael J. Dulin, Pro Se S. Denise McCrary and Stephanie M. Micheel of Memphis for Appellee, Kay Gilliam Dulin Judge: CRAWFORD First Paragraph: Father of minor child appeals the trial court's order finding him in contempt of court, assessing arrearages of child support and attorney fees on the ground that the court lacked personal jurisdiction in the original divorce action and all subsequent proceedings. We affirm. http://www.tba.org/tba_files/TCA/dulink.wpd SAMUEL HUMPHREYS v. RICHARD SELVEY Court:TCA Attorneys: S. Russell Headrick and Jennifer Marie Eberle, Memphis, For Appellant, Samuel Humphreys Bill M. Wade, Memphis, For Appellee, Richard Selvey Judge: CRAWFORD First Paragraph: Plaintiff, Tennessee buyer, filed complaint in Shelby County, Tennessee circuit court against South Carolina seller for fraudulent, unlawful, and tortious conduct in connection with contract for purchase of antique soda dispensers. Seller filed motion to dismiss, alleging as grounds lack of personal jurisdiction and improper venue, and trial court granted motion on both grounds. Buyer appeals trial court's finding that there were insufficient contacts to establish personal jurisdiction of seller. We reverse and remand. http://www.tba.org/tba_files/TCA/humphrsam.wpd HOWARD LEVY AND SUZANNE LEVY v. JAMES C.D. AND RHONDA FRANKS, LINDSEY BUTLER AND TENNESSEE VALLEY HOMES, INC. Court:TCA Attorneys: Peter H. Curry, Nashville, for the appellants Howard Levy and Suzanne Levy. James D. Kay, Jr. and Mark S. Levan, Nashville, for the appellees James C.D. and Rhonda Franks. Judge: KIRBY First Paragraph: This case involves a dispute between neighbors. The plaintiffs owned a one-acre parcel of property in a rural setting almost completely surrounded by a sixteen-acre parcel of property owned by the defendants. The defendant larger landowners began building structures and storing equipment in an escalating commercial use of their property. The plaintiff small landowners complained to county officials that the defendants' use of their property constituted a zoning violation. The ensuing dispute between the two landowners was marked by the defendants engaging in threatening and intimidating behavior and the plaintiffs repeatedly complaining to authorities and incessantly documenting and videotaping the defendants' activities. Finally, the plaintiffs sued the defendants for, among other things, malicious harassment, outrageous conduct, civil conspiracy, and malicious prosecution. The trial court found in favor of the plaintiffs on the malicious prosecution claim but declined to award punitive damages. The trial court dismissed the remaining claims. The plaintiffs appeal. We affirm the dismissal of the plaintiffs' claims of malicious harassment and civil conspiracy. We reverse the dismissal of the plaintiffs' claim for outrageous conduct, finding that the defendants' behavior rose to the level of outrageous conduct, and remand for an award of damages on this claim. Finally, we reverse the denial of an award of punitive damages on the plaintiffs' malicious prosecution claim. http://www.tba.org/tba_files/TCA/levyhoward.wpd RITA WERNE v. ROBERT SANDERSON, ET AL. Court:TCA Attorneys: Daryl G. Hawkins, Columbia, South Carolina and Vincent K. Seiler, Jackson, Tennessee, for the appellant, Rita Werne. William W. Heaton and G. Patrick Arnoult, Memphis, Tennessee, for the appellees, Protection Unlimited, Inc., Wayne Lowery and Linda Carter. William W. Dunlap, Jr., Memphis, Tennessee, for the appellee, Blan R. Nicholson. James J. McMahon, Memphis, Tennessee, for the appellee, Estate of Anna Sanderson, Deceased and James T. Bland, Jr., Memphis, Tennessee, for the appellee, Anna Sanderson Trust Judge: FARMER First Paragraph: The trial court found Plaintiff was the owner of disputed stock, but had failed to prove monetary damages. We affirm in part and remand for further proceedings regarding damages. http://www.tba.org/tba_files/TCA/wernerita.wpd STATE OF TENNESSEE v. RONALD DOTSON Court:TCCA Attorneys: Robert B. Gaia, Memphis, Tennessee, for the Appellant, Ronald Dotson. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Michael Markham, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy P. Weirich, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: A Shelby County jury convicted the Appellant, Ronald Dotson, of two counts of aggravated robbery. Following a sentencing hearing, Dotson was found to be a repeat violent offender and sentenced to two consecutive sentences of life without parole. On appeal, Dotson argues that the trial court erred in denying his motion for continuance based upon (1) the State's failure to provide pre-trial discovery and (2) the court's ruling which permitted impeachment under Tennessee Rules of Evidence 609. As a second issue, Dotson argues that the evidence is legally insufficient to support his convictions. Finding no reversible error, the judgments of conviction are affirmed. http://www.tba.org/tba_files/TCCA/dotsonron.wpd STATE OF TENNESSEE v. TONYA LYNN JOWERS Court:TCCA Attorneys: Carthel L. Smith, Jr., Lexington, Tennessee, for the appellant, Tonya Lynn Jowers. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; James G. Woodall, District Attorney General; and William R. Martin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Tonya Lynn Jowers, appeals the Henderson County Circuit Court's order upholding the prosecutor's denial of pretrial diversion for the charge of theft of property valued more than $10,000 but less than $60,000, a Class C felony. She claims that the prosecutor abused his discretion by failing to consider all the relevant factors. We affirm the trial court's order denying pretrial diversion. http://www.tba.org/tba_files/TCCA/jowerst.wpd MICHAEL JOHN STITTS v. STATE OF TENNESSEE Court:TCCA Attorneys: Danny R. Ellis, Jackson, Tennessee, for the appellant, Michael John Stitts. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; James G. Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals his denial of post-conviction relief, alleging ineffective counsel. Upon review, we affirm the post-conviction court's denial. http://www.tba.org/tba_files/TCCA/stittsmj.wpd Contributions to Sheriff's Drug Fund Date: May 19, 2004 Opinion Number: 04-096 http://www.tba.org/tba_files/AG/2004/op96.pdf Criminal Law - - Propriety of increased law enforcement activities and stops based on probable cause. Date: June 4, 2004 Opinion Number: 04-097 http://www.tba.org/tba_files/AG/2004/op97.pdf 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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