Mock Trial program needs your help
If you are looking for a way to join with attorneys from around the
state, have a lot of fun, do some good in the community or all of the
above, please consider signing up to volunteer for the annual
statewide mock trial competition. This event is one of the longest
running, most visible projects of the TBA Young Lawyers Division. The
state trials are set to occur on Friday, March 18 and Saturday, March
19. Those who volunteer on both Friday and Saturday will be reimbursed
for their Friday night hotel stay in Nashville. If you would like to
participate as a volunteer scorer, judge or bailiff, please contact
Mock Trial Committee Chair Danielle Barnes at:

(615) 313-6630
danielle.barnes@state.tn.us

Today's Opinions: February 17, 2005
Volume 11 — Number 032
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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 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

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


RAYMOND E. PLEMONS v. UNION CARBIDE CORPORATION, MARTIN MARIETTA
ENERGY SYSTEM, INC., and LOCKHEED MARTIN ENERGY SYSTEM, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

April Carroll Meldrum, Jim Terry, Clinton, Tennessee for Appellant
Raymond E. Plemons

Robert M. Stivers, Jr., O'Neil, Parker & Williamson, Knoxville,
Tennessee for the Appellees Union Carbide Corporation, Martin Marietta
Energy System, Inc., and Lockheed Martin Energy System, Inc

Judge: PEOPLES

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and
reporting of findings of fact and conclusions of law. The trial court
found the employee failed to prove his chronic lung problems were
related to his occupational exposure.  We affirm

http://www.tba.org/tba_files/TSC_WCP/plemonsraye.wpd

HELEN BROYLES v. EMMA WOODSON, ET AL

Court:TCA

Attorneys:                          

Timothy Webb, Jacksboro, Tennessee, for the Appellant Helen Broyles.

Joseph G. Coker, Jacksboro, Tennessee, for the Appellees Emma Woodson
and the Estate of H.Y. Woodson, Emma Woodson, Executrix.

Judge: SWINEY

First Paragraph:

Helen Broyles ("Plaintiff") sued Emma Woodson and the Estate of H.Y.
Woodson, Emma Woodson, Executrix ("Defendants") claiming that her
husband and H.Y. Woodson entered into an agreement in 1990 for
Plaintiff's husband to purchase a house located in LaFollette,
Tennessee for $21,000.  Both Plaintiff's husband and H.Y. Woodson had
passed away when the complaint was filed.  Plaintiff claimed Emma
Woodson was not calculating interest properly and had not given
Plaintiff proper credit for the house payments that had been made. 
Plaintiff requested the Trial Court examine the relevant documentation
and establish the amount of Plaintiff's equity and the amount still
owing.  It was admitted by the parties that there was an agreement of
some sort between their deceased husbands.  However, that agreement
was either an oral agreement or, if it had been reduced to writing,
the written instrument appeared to be lost or destroyed.  The Trial
Court granted summary judgment to Defendants after concluding: (1) the
Statute of Frauds rendered the agreement unenforceable; (2) the Dead
Man's Statute precluded admission into evidence of any proof regarding
the terms of the agreement; and (3) Defendants had negated an
essential element of Plaintiff's contract claim which required her to
establish the essential elements of the alleged contract with
reasonable definiteness.  Plaintiff appeals, and we affirm as
modified.

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

DONNA LANGFORD, ET AL. v. YOLANDA DARDEN, ET AL.

Court:TCA

Attorneys:                          

Stacy A Turner-Olson, Clarksville, Tennessee, for the appellants,
Donna Langford and Bill Langford.

W. Timothy Harvey, Clarksville, Tennessee, for the appellee, Sherman
Quarles.

Judge: INMAN

First Paragraph:

This is a dog bite case against an absent landlord.  The plaintiff
argues that owing to the pervasive publicity about the viciousness of
the tenants' dog, the landlord had constructive notice of its
propensity to violence and should therefore be held liable.  Summary
judgment was granted to the landlord .  We affirm.

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

OFFICE FURNITURE AND RELATED SERVICES INC., ET AL v. UNITED
CONSTRUCTION CORPORATION

Court:TCA

Attorneys:                          

James D. Kay, Jr., Christopher M. Jones, Nashville, Tennessee, for the
appellant, United Construction Corporation of Nashville.

James S. Higgins, Jonathan A. Street, Nashville, Tennessee, for the
appellee, Office Furniture and Related Services and Jesse Mayo.

Judge: COTTRELL

First Paragraph:

In this appeal, a roofing contractor seeks to reverse the trial
court's finding that it breached express and implied warranties and
violated the Tennessee Consumer Protection Act.  The contractor argues
that its agreement was simply to perform insurance repair work and
that the trial court erred in admitting parol evidence to expand the
parties' agreement.  There is sufficient evidence to support the trial
court's finding that  appellant violated its warranty.  We affirm that
finding, but reverse the trial court's finding that the contractor
violated the Tennessee Consumer Protection Act.

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

STATE OF TENNESSEE v. MICHAEL PAUL MONDELL

Court:TCCA

Attorneys:                          

Edward Cantrell Miller, District Public Defender, for the Appellant,
Michael Paul Mondell.

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; Al C. Schmutzer, Jr., District Attorney General; and
Charles L. Murphy, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Michael Paul Mondell, was convicted of facilitation of
the second degree murder of his father, Francis Mondell.  The trial
court imposed a 12-year Department of Correction sentence.  The
defendant appeals and challenges the sufficiency of the convicting
evidence and the propriety of the sentence.  We affirm the conviction
but modify the sentence to eight years.

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

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