Opinion FlashJuly 1, 2004Volume 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):
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 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 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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