Opinion Flash

July 20, 2004
Volume 10 — Number 138

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
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


JOSEPH COX v. MCCLANE FOOD SERVICE, INC., ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Stephen F. Libby, Memphis, Tennessee, for the appellant, Joseph Cox.

Lori Keen, Memphis, Tennessee, for the appellees, McClane Food
Service, Inc. and AIG Claims Services, Inc.

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.  This is a
scheduled injury case in which the trial court awarded the Employee a
recovery based on a disability rating of five percent (5%) to the
Employee's right lower extremity.  The Employee appealed.  The issue
raised on appeal is whether the trial court's findings with regard to
the Employee's proper anatomic impairment rating and vocational
impairment rating were contrary to the preponderance of the evidence. 
We remand the case to the trial court for clarification.

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

LENITA OATSVALL V. BAPTIST MEMORIAL HOSPITAL-HUNTINGDON

Court:TSC - Workers Comp Panel

Attorneys:                          

James L. Kirby and Jeffrey L. Griffin, Memphis, Tennessee, for the
appellant, Baptist Memorial Hospital-Huntingdon.

Ricky L. Boren, Jackson, Tennessee, for the appellee, Lenita Oatsvall.

Judge: ACREE

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. S50-6-285 (e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The
employer, Baptist Memorial Hospital-Huntingdon appeals a judgment
awarding the employee benefits based upon a permanent partial
impairment of fifty (50%) percent  to the body as a whole.  The
hospital contends that the judgment should be reversed and dismissed
because the employee failed to give proper notice of the accident and
because her injury was a preexisting condition rather than an injury
caused by a job-related accident.  Alternatively, the employer insists
that the award of fifty (50%) percent permanent partial disability to
the body as whole should be modified and reduced.  For the reasons
stated in this opinion, we affirm the judgment of the trial court.

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

SHARON PARKER V. EMERSON ELECTRIC COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          

Richard L. Dunlap, III, Paris, Tennessee, for the appellant, Emerson
Electric Company.

Jeffrey P. Boyd, Jackson, Tennessee, for the appellee, Sharon Parker.

Judge: ACREE

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 50-6-285 (e)(3) for hearing and reporting to
the Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employer contends that the trial court erred in
considering the testimony of Dr. Joseph C. Boals, III, and that the
award of thirty-five (35%) percent permanent partial disability to the
body as a whole was excessive.  We find these issues are without merit
and affirm the judgment of the trial court.

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

PATRICIA ALBRIGHT v. LLOYD A. BUTTON, ET AL.
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

John E. Appman, Jamestown, Tennessee, for the appellants, Lloyd A.
Button and Shirley Reno, Co- Executor/Executrix of the Estate of Lloyd
A. Button, Deceased.

Rex A. Dale and Terry Vann, Loudon, Tennessee, for the appellee,
Patricia Albright.

Judge: SUSANO

First Paragraph:

This case involves the construction of a will.  Lloyd A. Button, a
widower ("the Deceased"), executed his last will and testament on
April 1, 2002, while hospitalized at Parkwest Hospital in Knoxville. 
Under the heading "Conditional Bequest to Patricia Albright," the
Deceased left Ms. Albright his Loudon County residence, one of his
automobiles, and "all . . . tangible personal property," except the
property mentioned in a specific bequest in the will.  The Deceased
died one week later, on April 8, 2002, having never left the hospital.
  Ms. Albright sued the personal representatives of the Deceased's
estate ("the Personal Representatives") seeking to establish her
entitlement to the property left to her in the will.  On cross motions
for summary judgment, the trial court granted summary judgment to Ms.
Albright.  The Personal Representatives, who are the Deceased's son 
and Shirley Reno, a residuary beneficiary under the will, appeal.  We
reverse and dismiss Ms. Albright's complaint.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/albrightp_con.wpd

Sale of Register of Deeds Records to Vendor for Resale to Public by
Subscription

Date: July 19, 2004

Opinion Number: 04-114                        

http://www.tba.org/tba_files/AG/2004/op114.pdf

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