New Developments in Workers' Comp Law

Discover all of the recent developments in workers' compensation law in Tennessee — both in the courts and in the legislature — in a new course developed by Virginia Mayo, editor of Tennessee Attorneys Memo and Tennessee Workers' Comp Reporter.

http://www.tnbaru.com/coursecatalog.php

  
TODAY'S OPINIONS: Monday, November 14, 2005
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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

JANEY FLURI and DAVID FLURI v. FORT SANDERS REGIONAL MEDICAL CENTER, DAWN TAYLOR, MELINDA BLUE, M.D., and VISTA RADIOLOGY, P.C.

Court: TCA

Attorneys:

Luis C. Bustamante, and Robert L. Vance, Knoxville, Tennessee, for appellants.

Andrew R. Tillman and Joshua R. Walker, Knoxville, Tennessee, for appellees.

Judge: FRANKS

The Trial Court granted defendants summary judgment. Plaintiffs appealed the grant as to defendants Blue and Vista Radiology, arguing the Trial Court erred in granting judgment on grounds that the statute of limitation had run. We vacate and remand.

http://www.tba.org/tba_files/TCA/2005/flurij111405.pdf


DENNIS WILSON v. BLOUNT COUNTY, TENNESSEE; DARRELL McEACHRON; and DANNY K. CARRIGAN

Court: TCA

Attorneys:

Charles Dungan, Maryville, Tennessee, for appellant.

Norman H. Newton, LaJuana G. Atkins, and Robert N. Goddard, Maryville, Tennessee, for appellee, Blount County, Tennessee.

Judge: FRANKS

In this action against the County, which sold plaintiff’s properties at a back tax sale, plaintiff charges sheriff failed to comply with process statutes before returning the process “not to be found” and county improperly relied on publication to give notice to plaintiff. The Trial Court held sheriff exercised due diligence and constructive notice was proper. On appeal, we reverse.

http://www.tba.org/tba_files/TCA/2005/wilsond111405.pdf


RANDOLPH JENNINGS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Brandon Douglas Raulston, Chattanooga, Tennessee, for the appellant, Randolph Jennings.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant AttorneyGeneral; William H. Cox, III, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Randolph Jennings, appeals from the Hamilton County Criminal Court’s denial ofhis petition for post-conviction relief from his conviction for aggravated robbery, a Class B felony, and sentence of seventeen years as a Range II, multiple offender. On appeal, he contendsthat he received the ineffective assistance of counsel because (1) his trial counsel failed to raise the issue that the state suppressed favorable evidence in violation of Brady v. Maryland, 373U.S. 83, 83 S. Ct. 1194 (1963); (2) his trial counsel failed to explain his constitutional right to testify pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999); and (3) his appellate counselfailed to advise him of his right to appeal to the Tennessee Supreme Court in a timely manner. We reverse the judgment of the trial court, grant a delayed appeal, and stay further proceedingspending the delayed appeal to the Tennessee Supreme Court.

http://www.tba.org/tba_files/TCCA/2005/jenningsr111405.pdf


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