Opinion FlashJune 22, 2004
Volume 10 Number 119
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):
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Howard H. Vogel
SAMUEL WARREN v. AUTO-OWNERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: Kyle C. Atkins and Paul B. Conley, III, Humboldt, Tennessee, for the Appellant, Auto-Owners Insurance Company. Robert B. Vandiver, Jr., Jackson, Tennessee, for the Appellee, Samuel Warren. Judge: ANDERSON First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer argues that the Chancellor erred in determining that the employee suffered a compensable injury to his right leg and in awarding lump sum benefits. After reviewing the record and applicable authority, we conclude that the evidence in the record does not preponderate against the Chancellor's finding that the employee suffered a compensable injury to his right leg, but we also conclude that the Chancellor erred in awarding the employee lump sum benefits. Accordingly, the judgment is affirmed in part and reversed in part. http://www.tba.org/tba_files/TSC_WCP/warrensam.wpd
MARJORIE DELAPP, ET AL. v. ARTHUR DAVID PRATT, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF MARY A. PRATT In re: Estate of Mary Armstrong Pratt Court:TCA Attorneys: Christopher J. Oldham and Gerald L. Gulley, Jr., Knoxville, Tennessee, for the Appellant, Arthur David Pratt. Johnny V. Dunaway, La Follette, Tennessee, for the Appellees, Marjorie Delapp, Mary Sherrod, and Elsie Caton. Judge: SWINEY First Paragraph: Marjorie Delapp, Mary Sherrod, and Elsie Caton ("Plaintiffs") sued their brother, Arthur David Pratt ("Defendant") claiming, in part, that Defendant exercised undue influence over their mother, Mary Armstrong Pratt ("the Deceased") to induce the Deceased to make a will in Defendant's favor. After a jury trial, judgment was entered holding the Deceased was competent to make the will, that a confidential relationship existed between Defendant and the Deceased, and that the will was not the last will and testament of the Deceased. Defendant appeals claiming, in part, that the Trial Court erred in allowing testimony regarding his alleged racial prejudice to be introduced and in failing to grant a mistrial after reference was made to his alleged sexual misconduct. Defendant also argues there is no material evidence to support the jury's verdicts of confidential relationship and undue influence and that the Trial Court erred in denying his objection to the entry of judgment. We affirm. http://www.tba.org/tba_files/TCA/delappmar.wpd
JIM PRATT, ET AL. v. J.W. GIBSON d/b/a J.W. GIBSON CO. Court:TCA Attorneys: Keith McCord, Knoxville, Tennessee, for the Appellant J.W. Gibson d/b/a J.W. Gibson Company. Terrill L. Adkins, Knoxville, Tennessee, for the Appellees Jim Pratt and Ron Pratt d/b/a Pratt Masonry Company. Judge: SWINEY First Paragraph: This appeal involves competing claims for breach of contract. J.W. Gibson d/b/a J.W. Gibson Company ("Defendant"), entered into an oral contract with Pratt Masonry Company ("Pratt Masonry") for Pratt Masonry to furnish masonry work on a house. When the work was completed, Defendant refused to pay, claiming the masonry work was so defective that all the bricks had to be removed and replaced. Pratt Masonry filed suit seeking payment for the work performed under the oral contract. Defendant counterclaimed for damages incurred in having to remove and replace the bricks. The Trial Court concluded Pratt Masonry breached the contract by performing substandard masonry work, but Defendant failed to prove it was necessary to remove and replace all the bricks. Both parties appeal. We modify the judgment of the Trial Court and remand. http://www.tba.org/tba_files/TCA/prattjim.wpd
STATE OF TENNESSEE v. MICHAEL BRANDON MOTTERN Court:TCCA Attorneys: David F. Bautista, District Public Defender; and Deborah Black Huskins, Assistant District Public Defender, for the appellant, Michael Brandon Mottern. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Steven R. Finney, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty to two counts of automobile burglary and one count of theft under $500. The Washington County Criminal Court ordered the defendant to serve an effective sentence of five years of incarceration as a Range II multiple offender. During the same hearing, the trial court revoked the defendant's probation from numerous prior convictions and ordered the defendant to serve an effective three-year sentence on those cases. The guilty plea cases and the revocation cases were consolidated on appeal. On appeal, the defendant contends: (1) upon revoking his probation for the prior convictions, the trial court erred by ordering him to serve his original sentences in confinement; and (2) the trial court erred in denying alternative sentencing regarding his new convictions. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/motternmb.wpd
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