Opinion FlashJune 28, 2004Volume 10 — Number 123 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 LARRY EUGENE BENTON v. THE VANDERBILT UNIVERSITY WITH DISSENTING OPINION Court:TSC Attorneys: Earle J. Schwarz and Ashlee B. Ellis, Memphis, Tennessee, and Phillip L. Davidson, Nashville, Tennessee, for the Appellant, Larry Eugene Benton. Robert J. Walker, John S. Bryant, and Clisby Hall Barrow, Nashville, Tennessee, for the Appellee, The Vanderbilt University. Judge: ANDERSON First Paragraph: We granted this appeal to determine whether a third-party beneficiary who seeks to enforce a contract between a hospital and an insurance carrier may be bound by an arbitration provision in the contract. The trial court denied the hospital's motion to compel arbitration, finding that the third- party beneficiary was not a party to the contract between the hospital and the insurance carrier. The Court of Appeals reversed, concluding that the arbitration provision could be enforced against the third- party beneficiary in this case. After reviewing the record and authority, we conclude that an arbitration provision in a contract is enforceable against a third-party beneficiary who has filed a cause of action seeking to enforce the contract. http://www.tba.org/tba_files/TSC/bentonle_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TSC/bentonle_dis.wpd JAMES GALLOWAY v. LIBERTY MUTUAL INSURANCE COMPANY Court:TSC Attorneys: Jeffrey P. Boyd, Jackson, Tennessee, for the Appellant, James Galloway. Catherine B. Clayton, Jackson, Tennessee, for the Appellee, Liberty Mutual Insurance Company. Judge: ANDERSON First Paragraph: We granted review in this workers' compensation appeal to determine whether an employee who was less than age 60 on the date of injury, but who reached maximum medical improvement and permanent total disability status after age 60, is entitled to a minimum of 260 weeks of benefits under Tennessee Code Annotated section 50-6-207(4)(A)(i) (Supp. 2003). The Chancellor determined that because the employee was less than 60 years of age when the injury occurred, he was entitled to permanent total disability benefits for only 232 weeks until he was eligible for full benefits under the Social Security Act. The employee's appeal was transferred to the full Supreme Court prior to the Special Workers' Compensation Appeals Panel hearing argument and issuing its decision. After reviewing the record and applicable authority, we conclude that the Chancellor properly construed the statute in awarding the employee 232 weeks of permanent total disability benefits pursuant to Tennessee Code Annotated section 50-6-207(4)(A)(i). We therefore affirm the Chancellor's judgment. http://www.tba.org/tba_files/TSC/gallowayj.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0628.wpd MARKS, SHELL, & MANESS, ET AL. v. CYNTHIA T. MANN, ET AL. Court:TCA Attorneys: David G. Ridings, Goodlettsville, Tennessee, for the appellants, Cynthia T. Mann and Gary J. Mann. Roger A. Maness, Clarksville, Tennessee, for the appellees, Marks, Shell & Maness, a Tennessee general partnership consisting of Albert P. Marks, Carmack C. Shell and Roger A. Maness; and Albert P. Marks, Carmack C. Shell and Roger A. Maness f/d/b/a Marks, Shell, Maness & Marks. Judge: CAIN First Paragraph: This cause is a civil suit for damages against Gary and Cynthia Mann resulting from Cynthia Mann's embezzlement of funds totaling $550,000.00 from the law firm of Marks, Shell, and Maness. The trial court found Mr. and Mrs. Mann jointly and severably liable for the loss. Mr. Mann appeals. We affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/markshellmaness.wpd STATE OF TENNESSEE v. DENNIS JAMES VARNER Court:TCCA Attorneys: Thomas Greenholtz, Chattanooga, Tennessee, for the appellant, Dennis James Varner. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Bill Cox, District Attorney General; and Jason Thomas, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Dennis James Varner, entered a conditional plea of guilty to driving under the influence following the trial court's denial of his motion to suppress evidence attendant upon his stop at a roadblock. The Defendant reserved for this Court's ruling a certified question of law regarding the constitutionality of his stop by law enforcement officers. Upon our review of the record and pertinent legal authority, we have determined that the trial court erred in denying the Defendant's motion to suppress. Accordingly, we reverse the trial court's judgment and dismiss the charges against the Defendant arising out of his stop at a roadblock conducted in contravention of Tennessee's constitution. http://www.tba.org/tba_files/TCCA/varnerdj.wpd 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! 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