Opinion Flash

June 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):
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
02 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


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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