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Today's Opinions: January 19, 2005
Volume 11 — Number 011
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 New Opinion(s) from the Tennessee Supreme Court
00 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
01 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


JEFFREY MARION REED v. GREENE COUNTY, TENNESSEE

Court:TCA

Attorneys:                          

Thomas C. Jessee, Johnson City, Tennessee, for the Appellant Jeffrey
Marion Reed.

Roger A. Woolsey, Greeneville, Tennessee, for the Appellee Greene
County, Tennessee

Judge: SWINEY

First Paragraph:

Jeffrey Marion Reed ("Plaintiff") sued Greene County (the "County") for
damages following a truck accident.  Plaintiff was driving a milk truck
on a County road and moved to the far right of the road to allow an
oncoming vehicle to pass.  Plaintiff claims the edge of the road broke
away causing the milk truck to tumble down an embankment.  Plaintiff
filed suit pursuant to the Tennessee Governmental Tort Liability Act
("GTLA") claiming the County failed to properly maintain and inspect the
road resulting in the road being dangerous and unsafe.  After a trial,
the Trial Court entered a judgment for the County after concluding
Plaintiff was solely at fault for the accident, that the road was not
dangerous or unsafe and, even if it was, the County did not have actual
or constructive notice of the allegedly unsafe or dangerous condition. 
Plaintiff appeals, and we affirm.

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

STATE OF TENNESSEE v. SHAWN RAFAEL BOUGH

Court:TCCA

Attorneys:                          

Mark E. Stephens, District Public Defender and John Halstead, Assistant
Public Defender for the appellant, Shawn Rafeal Bough.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and G. Scott Green, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

This case presents an appeal to this Court after remand by order of the
Tennessee Supreme Court.  The appellant, Shawn Rafael Bough, was
convicted by a Knox County Jury of felony murder and especially
aggravated robbery.  The original opinion of this Court in this matter
was released on January 12, 2004, and the appellant filed an application
for permission to appeal.  See State v. Shawn Rafael Bough, No.
E2002-00717-CCA-R3-CD, 2004 WL 50798 (Tenn. Crim. App. at Knoxville,
Jan. 12, 2004), affirmed in part, reversed in part, and remanded by
State v. Bough, ___ S.W.3d ___, 2004 WL 2481367.  The supreme court
granted the permission to appeal on May 24, 2004.

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

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