Opinion Flash

July 1, 2004
Volume 10 — Number 126

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
03 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
03 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


MARGARET J. BALLINGER v. DECATUR COUNTY GENERAL HOSPITAL, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

James S. Higgins, Nashville, Tennessee, for appellant, Margaret
Ballinger.

John Dean Burleson, Jackson, Tennessee, for appellees, Decatur County
General Hospital and Virginia Insurance Reciprocal.

Juan G. Villasenor, Assistant Attorney General, Nashville, Tennessee,
for appellee, Department of Labor, Second Injury Fund.

Judge: WALLACE

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Panel of the Supreme Court in accordance with
Tennessee Code Annotated S 50-6-225(e)(3) for hearing and reporting to
the Supreme Court of findings of fact and conclusions of law. Employee
entered a court-approved settlement of her workers' compensation claim
relating to an injury that occurred while she was in the course and
scope of her employment. After the settlement, Employee sustained a
new injury that arose out of the treatment she received for the injury
encompassed by the settlement. The trial court granted summary
judgment in favor of Employer, finding that Employee's injury was not
a subsequent or second injury that is compensable under Tennessee Code
Annotated section 50-6-208. We affirm the trial court's grant of
summary judgment.

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

EVA D. BROWN v. PURODENSO COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          

Ruby R. Wharton and Cynthia A. Pensoneau, Memphis, Tennessee, for the
appellant, Eva D. Brown.

John D. Burleson and John D. Stevens, Jackson, Tennessee, for the
appellee, Purodenso Company.

Judge: WEATHERFORD

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The employee tripped and fell on both knees while at work.  The
trial court dismissed the complaint after finding that the employee
failed to prove by a preponderance of the evidence the injuries to
both knees resulted in any permanent physical impairment or that her
physical condition was caused or aggravated by her fall at work.  The
employee contends that the trial court erred in finding:  1) that her
injuries were not caused by her work injury; 2) that she did not
suffer permanent disability; and 3) that the employer complied with
workers' compensation law since the employer failed to pay for
necessary surgery and for her permanent disability.

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

RONALD EUGENE JONES v. CRACKER BARREL OLD COUNTRY STORE, INC., ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

James T. Shea IV, Knoxville, Tennessee, attorney for Appellant,
Cracker Barrel Old Country Store, Inc.

Roger L. Ridenour, Clinton, Tennessee, attorney for Appellee, Ronald
Eugene Jones.

Paul G. Summers, Attorney General and Reporter, E. Blaine Sprouse and
Richard M. Murrell, Assistant Attorney Generals, for Appellee, Sue Ann
Head.

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.   The
employer, Cracker Barrel Old Country Store, Inc., argues that the
trial court erred by: (1) evaluating the permanent total disability
claim of the employee, Ronald Eugene Jones, pursuant to Tenn. Code
Ann. S 50-6-242 instead of Tenn. Code Ann S 50-6-207(4)(B); (2)
finding the employee entitled to permanent total disability benefits
when the preponderance of the evidence indicated he could return to
"an occupation which would produce an income"; (3) holding the
employee's claim was not limited to the multipliers established by
Tenn. Code Ann. S 50-6-241; and (4) entering the order of judgment
without a reapportionment clause compelling the second injury fund to
reimburse the employer in the event the employee dies before reaching
age sixty-five. ,  ,    We agree with the employer that a permanent
total disability claim should be evaluated on the basis of Tenn. Code
Ann. S 50-6-207(4)(B); the preponderance of the evidence indicates he
could return to "an occupation which would produce an income"; and his
claim is governed by the Tenn. Code Ann. S 50-6-241 multipliers. 
While the last issue concerning a reapportionment clause is
pretermitted, we nevertheless disagree with the employer.

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

NASHVILLE LODGING COMPANY, ET AL. v. METRIC PARTNERS GROWTH SUITE
INVESTORS, L.P.

Court:TCA

Attorneys:                          

Harry Buckley Cole, Marshall T. Cook, Nashville, Tennessee, for the
appellants, Nashville Lodging Company and G.P. Credit Company, LLC.

Garry K. Grooms, Robert C. Goodrich, Jr., Nashville, Tennessee, for
the appellee, Metric Partners Growth Suite Investors, L.P.

Judge: CAIN

First Paragraph:

Nashville Lodging Company and G.P. Credit Company, LLC appeal the
action of the trial court in which the trial judge having previously
granted Appellants' motion for summary judgment as to liability in
this breach of contract action decided all issues as to damages in
favor of Appellees.  We affirm the action of the trial court.

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

YASMOND FENDERSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Yasmond
Fenderson.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Philip H. Morton, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner contends that the trial court erred in dismissing his
petition for writ of error coram nobis.  We conclude that the trial
court did not err in finding that the petition is time barred and the
petitioner has not advanced any grounds for which the statute of
limitations should be tolled.  We affirm the dismissal by the trial
court.

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

STATE OF TENNESSEE v. CHARLES KEITH

Court:TCCA

Attorneys:                          

Julie A. Rice, Knoxville, Tennessee (on appeal), and Leslie S. Hale,
Blountville, Tennessee (at trial), for the appellant, Charles Keith.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and William B. Harper, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Charles Keith, was convicted by a jury in the Sullivan
County Criminal Court of one count of possession of marijuana and one
count of possession of drug paraphernalia.  The trial court sentenced
the appellant to consecutive sentences of eleven months and
twenty-nine days confinement in the county jail, to be served at
seventy-five percent.  On appeal, the appellant challenges the trial
court's denial of his motion to suppress evidence seized as a result
of an investigatory stop of his vehicle.  Upon review of the record
and the parties' briefs, we affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. LATOSHA S. MARTIN, ALIAS LATOSHA S. JOHNSON

Court:TCCA

Attorneys:                          

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Latosha S.
Martin, Alias, Latosha S. Johnson.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Leslie Nassios, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The appellant appeals from an order revoking her probation.  After
review, we conclude that the violations of probation conditions were
supported by a preponderance of the evidence and affirm the trial
court's judgment.

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

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