Quarterly Litigation Upate: Recent Developments in Litigation for
Tennessee Attorneys
March 25 Teleseminar

The TBA Litigation section presents this fast-paced, quarterly update
on recent developments in litigation for Tennessee attorneys. This
update will cover breaking developments in Commercial Law and Consumer
Protection, Contracts and Insurance. Listen in from the comfort of
your own office.

Today's Opinions: February 15, 2005
Volume 11 — Number 030
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
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

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


MATTIE P. PATTERSON, Surviving Spouse of LARRY PATTERSON, Deceased v.
MUHAMMAD ARIF

Court:TCA

Attorneys:                          

William T. Winchester, Memphis, Tennessee, for the appellant, Mattie
P. Patterson.

Jerry O. Potter and Katherine M. Anderson, Memphis, Tennessee, for the
appellee, Muhammad Arif, M.D.

Judge: FARMER

First Paragraph:

The trial court awarded summary judgment to Defendant physician and
dismissed Plaintiff's action upon finding it was one for medical
malpractice and that Plaintiff had failed to offer competent expert
proof of negligence as required by Tennessee Code Annotated S
29-26-115.  Plaintiff appeals, asserting the trial court erred in
determining the action was not one for ordinary negligence and that
the alleged negligence of Defendant was not within the common
knowledge exception.  We affirm.

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

SHAWN RUNIONS v. BILL EMERSON, ET AL.

Court:TCA

Attorneys:                          

Charles W. Cagle of Nashville for Appellant, Bells City Schools

Marcella G. Fletcher of Jackson for Appellee, Shawn Runions

Judge: CRAWFORD

First Paragraph:

Tenured elementary school teacher appeals her termination for alleged
incompetence, inefficiency, insubordination, neglect of duty, and
compromising the integrity of the Tennessee Comprehensive Assessment
Program (TCAP) test. The Chancery Court reversed the termination,
finding that the school board's decision to terminate teacher was
arbitrary and capricious and based on no material evidence. Concluding
that the Chancery Court did not err in reversing the termination, we
affirm the judgment of the chancery court

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

JERRY D. CARNEY V. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Cynthia F. Burnes, Nashville, Tennessee, for the appellant, Jerry D.
Carney.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Roger D. Moore, Assistant District Attorney General,  for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

On November 19, 1998, the petitioner was convicted by a jury of first
degree murder.  He was sentenced to life in prison with the
possibility of parole.  The petitioner appealed to this Court, and we
affirmed the judgment of the trial court.  State v. Jerry D. Carney,
M1999-01139-CCA-R3-CD, 2000 WL 1335770, at *1-2 (Tenn. Crim. App. at
Nashville, Sept. 15, 2000) perm. to appeal denied (Tenn. 2001).  The
petitioner then filed a petition for post-conviction relief.  The
post-conviction court denied this petition.  The petitioner appeals
the post-conviction court's decision.  We affirm the decision of the
post-conviction court.

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

STATE OF TENNESSEE v. JAMES KENNETH CARROLL

Court:TCCA

Attorneys:                          

Spence R. Bruner, Kingston, Tennessee, for the appellant, James
Kenneth Carroll.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and D. Roger Delp, Assistant District Attorney, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, James Kenneth Carroll, was convicted in the Roane
County Criminal Court of driving under the influence (DUI), child
endangerment, and a violation of the implied consent law.  The trial
court imposed consecutive sentences of eleven months and twenty-nine
days in the Roane County Jail for the DUI and child endangerment
convictions.  For his violation of the implied consent law, the
appellant's license was suspended for one year.  On appeal, the
appellant challenges the trial court's actions as thirteenth juror. 
Upon our review of the record and the parties' briefs, we affirm the
judgments of the trial court.

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

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