Opinion FlashJuly 7, 2004Volume 10 — Number 129 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 RANDY HOLLINGSWORTH v. MAYTAG CORPORATION Court:TSC - Workers Comp Panel Attorneys: Ricky L. Boren, Jackson, Tennessee, for the appellant, Randy Hollingsworth. P. Allen Phillips, Jackson, Tennessee, for the appellee, Maytag Corporation. Judge: STANLEY 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.' 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court ruled that the Employee's injury, superficial thrombophlebitis, did not arise out of his employment and that the Employee was therefore not entitled to workers' compensation benefits. The issue raised on appeal is whether the trial court erred in finding that the Employee's thrombophlebitis did not arise out of his employment pursuant to the Tennessee Workers' Compensation Act. We now reverse the trial court's finding and remand for hearing on the determination of vocational disability. http://www.tba.org/tba_files/TSC_WCP/hollingswrand.wpd GREGORY WOODS v. DOVER ELEVATOR SYSTEMS, ET AL. Court:TSC - Workers Comp Panel Attorneys: Gregory D. Jordan and John D. Stevens, Jackson, Tennessee, for the appellant, Dover Elevator Systems, Inc. and Thyssen Elevator Company d/b/a Thyssen Dover Elevator. Jeff A. Crow, Jr., Memphis, Tennessee, for the appellee, Gregory Woods. Judge: STANLEY First Paragraph: This workers= compensation appeal has been referred to the Special Workers= Compensation Appeals Panel in accordance with Tenn. Code Ann. ' 50-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The Employer/Appellant contends: (1) that the trial court erred in determining that the Employee's injury was a compensable exacerbation of a pre-existing injury or condition without additionally finding an advancement, anatomical change, or an actual progression of the underlying disease; and (2) that the trial court erred in finding that the Employee gave proper notice of an injury to his neck and shoulder; and (3) that the trial court's award of forty-five percent (45%) permanent partial disability to the body as a whole was excessive and not supported by a preponderance of the evidence. As discussed herein, the panel has concluded that the judgment of the trial court should be affirmed. http://www.tba.org/tba_files/TSC_WCP/woodsgreg.wpd DONALD WESLEY EVANS v. PEGGY JANE EVANS Court:TCA Attorneys: Sandra Jones, Nashville, TN, for Appellant Judy A. Oxford, Franklin, TN, for Appellee Judge: HIGHERS First Paragraph: This case arises from a divorce action between the Appellant and Appellee. After a hearing, the trial court divided the marital property, granted Appellee alimony in futuro, and awarded Appellee her attorney's fees. After denying Appellant's motion to alter or amend the judgment, the trial court increased Appellee's award of attorney's fees. Appellant appeals to this Court, and, for the following reasons, we affirm in part, modify in part, and remand for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/evansdonaldw.wpd STATE OF TENNESSEE v. SHEILA TERESA GAYE BOBADILLA and BENJAMIN BERNAL BOBADILLA Court:TCCA Attorneys: T. Wood Smith, Greeneville, Tennessee, for the appellant, Sheila Teresa Gaye Bobadilla; and J. Russell Pryor, Greeneville, Tennessee, for the appellant, Benjamin Bernal Bobadilla. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Eric D. Christiansen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendants, husband and wife Benjamin Bernal Bobadilla and Sheila Teresa Gaye Bobadilla, were each charged by the Greene County Grand Jury with possession of more than .5 grams of cocaine with the intent to sell or deliver, a Class B felony, and possession of drug paraphernalia, a Class A misdemeanor. Following the trial court's denial of their motions to suppress, Benjamin Bobadilla pled guilty to the indicted offenses in exchange for an effective eight-year sentence as a Range I, standard offender, and Sheila Bobadilla pled guilty to facilitation of possession of cocaine with the intent to sell or deliver, a Class D felony, and the misdemeanor drug paraphernalia count of the indictment in exchange for an effective three-year sentence as a Range I, standard offender. Pursuant to Tennessee Rule of Criminal Procedure 37(b)(2), both defendants reserved identical certified questions of law; namely, whether the search warrant and accompanying affidavit issued for their home violated the United States and Tennessee Constitutions as well as Tennessee Rule of Criminal Procedure 41(c). Following our review, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/bobadillasheilatg.wpd STATE OF TENNESSEE v. CHAD KILGORE Court:TCCA Attorneys: Clifton Corker and Michael Eastridge, Johnson City, Tennessee, for the appellant, Chad Kilgore. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; Berkeley Bell, District Attorney General; and Cecil Mills, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WADE First Paragraph: In 1998, the defendant, Chad Kilgore, who was indicted for aggravated assault, was determined to be incompetent to stand trial and ordered into a forensic services unit for treatment. The defendant was never transferred from a local mental health care facility. In 2003, the defendant filed a motion seeking relief from the prior order. After a hearing, the trial court denied the motion and directed transfer. This extraordinary appeal followed. Because the appeal was improvidently granted, it is dismissed. http://www.tba.org/tba_files/TCCA/kilgorechad.wpd HARRISON PEARISON v. STATE OF TENNESSEE Court:TCCA Attorneys: Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, Harrison Pearison. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; and Mary Sullivan Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Harrison Pearison, appeals the denial of his petition for post-conviction relief. In this appeal, he asserts that he was denied the effective assistance of counsel. The judgment of the post- conviction court is affirmed. http://www.tba.org/tba_files/TCCA/pearisonharrison.wpd Competitive Bidding Requirements for Solid Waste Authorities Date: July 2, 2004 Opinion Number: 04-101 http://www.tba.org/tba_files/AG/2004/op101.pdf Authority of the Secretary of State to Adjust the Lapse Date on Financing Statements Having Initial Maturity Dates Beyond June 30, 2006 Date: July 2, 2004 Opinion Number: 04-102 http://www.tba.org/tba_files/AG/2004/op102.pdf Treatment of Depreciation under the Federal Job Creation and Worker Assistance Act of 2002 in Calculating Partnership Earnings for the Tennessee Excise Tax Date: July 2, 2004 Opinion Number: 04-103 http://www.tba.org/tba_files/AG/2004/op103.pdf Budget of Shelby County Sheriff Date: July 2, 2004 Opinion Number: 04-104 http://www.tba.org/tba_files/AG/2004/op104.pdf Effect of Special Legislation Extending County's Authority Over Activities Regulated by State Agency Date: July 2, 2004 Opinion Number: 04-105 http://www.tba.org/tba_files/AG/2004/op105.pdf PLEASE FORWARD THIS E-MAIL! 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