Opinion Flash

August 2, 2004
Volume 10 — Number 147

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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
02 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0802.wpd

DANNY L. DAVIS CONTRACTORS, INC. v. B. ALLEN HOBBS, ET AL.

Court:TCA

Attorneys:                          

Danny P. Dyer, Knoxville, Tennessee, for the appellant, Mullen
Construction Co., Inc.

John T. McArthur and Melanie E. Davis, Maryville, Tennessee, for the
appellee, Danny L. Davis Contractors, Inc.

Judge: SUSANO

First Paragraph:

Danny L. Davis Contractors, Inc. ("the plaintiff") sued (1) B. Allen
Hobbs and Pete Roach,  who together did business as BH Construction,
and (2) Mullen Construction Co., Inc., ("Mullen Construction"), a
Tennessee corporation, seeking to collect money owed under a contract
the plaintiff entered into with BH Construction for the performance of
electrical work in connection with the construction of a CiCi's Pizza
restaurant.  The general sessions court awarded a judgment against
Mullen Construction for $12,506.71.   Mullen Construction filed an
appeal bond, and the case was then tried de novo without a jury in the
trial court.  The trial court entered a judgment of $12,506.21 against
Mullen Construction.  Additionally, the trial court revoked the
contractor's license of Mullen Construction, with reinstatement
dependent upon the company satisfying the judgment.  Mullen
Construction appeals, contending that the trial court (1) abused its
discretion in admitting "hearsay" testimony into evidence; (2) erred
in finding Mullen Construction liable on the contract under an agency
theory; and (3) erred in revoking its contractor's license pursuant to
Tenn. Code Ann. S 62-6- 118 (1997).  We affirm.

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

EDGAR FOSTER, INDIVIDUALLY AND ON BEHALF OF HIS WIFE, AND STANLEY
TURNER, INDIVIDUALLY AND ON BEHALF OF THE HEIRS OF MATTIE FOSTER,
DECEASED v. ST. JOSEPH HOSPITAL, MAHIR R. AWDEH, M.D., RAJ C. DAVE,
M.D.

Court:TCA

Attorneys:                          

Al H. Thomas and Regina Guy, Memphis, for the appellants Edgar Foster,
individually and on behalf of his wife, and Stanley Turner,
individually and on behalf of the heirs of Mattie Foster, deceased.

Robert L. Green, Memphis, for the appellee St. Joseph Hospital.

Buckner P. Wellford, John H. Dotson, and Marcy L. Dodds, Memphis, for
the appellees Mahir R. Awdeh, M.D., and Raj C. Dave, M.D.

Judge: KIRBY

First Paragraph:

This is a wrongful death case.  The decedent was survived by her
husband and two brothers.  The husband gave his power of attorney to
his grand-nephew.  The grand-nephew filed a wrongful death lawsuit,
alleging medical malpractice which resulted in the decedent's death. 
The grand-nephew voluntarily dismissed the claim.  The grand-nephew
refiled the action within one year of the nonsuit but beyond the
expiration of the original statute of limitations.  In the second
action, the decedent's husband was added as a plaintiff.  The
defendants filed motions for summary judgment, arguing that the second
lawsuit was time barred.  The trial court granted the motion, holding
that because the grand-nephew was not a proper party plaintiff under
the Tennessee wrongful death statute, the first lawsuit was a nullity
and did not toll the statute of limitations.  We reverse, holding that
the original lawsuit was not void, but merely voidable, and that the
second lawsuit was timely filed under the savings statute.

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

JERRY LEE CHILTON v. DAVID MILLS, WARDEN

Court:TCCA

Attorneys:                          

Joe H. Walker, District Public Defender and Walter V. Johnson, II,
Assistant Public Defender, for the appellant, Jerry Lee Chilton.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and Roger Delp, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant appeals from the judgments of the trial court denying
him habeas corpus relief.  The trial court dismissed the petitions,
finding that they failed to state cognizable claims for habeas corpus
relief.  We affirm the judgments of the trial court.

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

JOE SHEPHERD v. HOWARD CARLTON, WARDEN and the STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Joe Shepherd, Mountain City, Tennessee, Pro Se. 

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General;  Joe C. Crumley, Jr., District Attorney
General, for the appellee, State of Tennessee

Judge: OGLE

First Paragraph:

The pro se petitioner, Joe Shepherd, appeals the dismissal of his
petition for writ of habeas corpus. The state has filed a motion
requesting that this court affirm the action of the trial court
pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to
present a cognizable claim for habeas corpus relief.  Accordingly, the
state's motion is granted and the judgment of the trial court is
affirmed.

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

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