New CLE Series for Young Lawyers Begins this Week

The first of 12 CLE programs designed for new attorneys takes place this Thursday, Nov. 17, in Nashville, Knoxville, Chattanooga and Memphis. The YLD-sponsored program will focus on practicing in state court and will be followed by a networking and social reception.

https://www.tba.org/onsiteinfo/skillbuilding_05-06.html

  
TODAY'S OPINIONS: Tuesday, November 15, 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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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

MICHAEL RAY WOLFORD v. ACE TRUCKING, INC., ET AL.

Court: TWCA

Attorneys:

Paul G. Summers, Attorney General and Reporter and Juan G. Villasenor, Asst. Attorney General, Nashville, Tennessee for the appellee, Second Injury Fund.

Art D. Wells, Jackson , Tennessee, for the appellant, Michael Ray Wolford.

Michael Mansfield, and John D. Stevens, Rainey, Kizer, Reviere & Bell, Jackson, Tennessee, for the appellee, Ace Trucking, Inc.

Judge: GOLDIN

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel in accordance with Tennessee Code Annotated Section § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, employee, argues that the trial court erred as a matter of law in finding that the employee was 100% permanently partially disabled and seeks an award of permanent total disability benefits. The appellees, the employer and the Second Injury Fund, argue that the trial court was correct in finding that the employee was not permanently and totally disabled. For the reasons stated below, the panel has concluded that the judgment of the trial court should be affirmed as modified.

http://www.tba2.org/tba_files/TSC_WCP/2005/wolfordm111505.pdf


IN RE ESTATE OF MAPLE FOSTER PARK

Court: TCA

Attorneys:

William R. Hefner and Donald J. Serkin, Brentwood, Tennessee, for the appellant, Linda F. Cathey.

William R. Hefner and Donald J. Serkin, Brentwood, Tennessee, for the appellant, Linda F. Cathey.

Judge: KOCH

This appeal involves the validity of an 88-year-old widow’s will that left her rather sizeable estate to her caregiver and her caregiver’s husband. Several of the widow’s relatives contested the will on the grounds of lack of testamentary capacity and undue influence. Following a bench trial, the Chancery Court for Maury County found that the widow lacked testamentary capacity and that her caregiver had procured the will by undue influence. Accordingly, the trial court invalidated the will and admitted the widow’s earlier will to probate. The caregiver asserts on this appeal that the evidence does not support the trial court’s conclusions that the widow lacked testamentary capacity when she executed the will or that the will was the product of the caregiver’s undue influence. While we have determined that the evidence does not support the trial court’s conclusion regarding the widow’s testamentary capacity, we have determined that the evidence overwhelmingly supports its conclusion that the will was procured by the caregiver’s undue influence.

http://www.tba2.org/tba_files/TCA/2005/parkm111505.pdf


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