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Howard Vogel
TBALink Editor in Chief

Today's Opinions: April 5, 2005
Volume 11 — Number 063
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
02 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
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


DARYL SMITH v. SOUTHERN STATES ELECTRICAL AND PLUMBING AND TRI-STATE
STEEL

Court:TSC - Workers Comp Panel

Attorneys:                          

Fred B. Hunt, Jr. and William L. Abernathy, Jr., Shelbyville, TN, for
appellant Tri-State Steel.

Jerre M. Hood, Winchester, TN, for appellee, Daryl Smith.

D. Andrew Saulters, Nashville, TN, for appellee, Southern States
Electrical and Plumbing.

Judge: DANIEL

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Panel, in
compliance with Tennessee Code Annotated S 50-6-225(e)(3) for hearing
and reporting of findings of fact and conclusions of law.  Daryl Smith
received a serious injury to his right knee as a result of  a
work-related accident in 1993 when he was employed by Tri-State Steel.
 Mr. Smith was awarded compensation for his permanent partial
disability to his lower right extremity which included lifetime
medical benefits for this right knee injury.   In January of 2000, Mr.
Smith fell, striking his right kneecap at a construction site while in
the course and scope of his employment with Southern States Electrical
and Plumbing.  Following emergency room care, Mr. Smith was treated by
a series of doctors who were furnished by his employer's workers'
compensation carrier and who provided conservative care which failed
to provide relief for his knee injury.  Ultimately he was released by
the company doctor to return  to work without restrictions or
impairment.  Mr. Smith continued to have difficulty in walking,
standing and working on his knee and ultimately sought medical
treatment at his own expense with Dr. Richard Fishbein.  Dr. Fishbein
performed two additional surgeries that ultimately repaired a torn
cartilage and damage to the anterior cruciate ligament of the right
knee.

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

DARRYL GENE WILLIAMS V. BRIDGESTONE/FIRESTONE, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

Kitty Boyte, Nashville, TN, for Appellant, Bridgestone/Firestone, Inc.

Susan K. Bradley, Rutherford, TN, for Appellee, Darryl Gene Williams.

Judge: DABIEL

First Paragraph:

This case is before the court upon the entire record, including the
order of referral to the Special Workers' Compensation Panel, in
compliance with Tennessee Code Annotated S 50-6-225(e)(3) for hearing
and reporting of findings of fact and conclusions of law.  On November
12, 2002, Mr. Darryl Gene Williams had a  work-related accident which
caused a torn medial meniscus in the left knee.  The treatment of the
knee injury revealed preexisting left knee chondromalacia, arthritis. 
Surgery repaired the torn medial meniscus but Mr. Williams'
chondromalacia became symptomatic causing pain and limited his
recovery from this injury.  The trial court awarded benefits for the
work-related injury and provided for future medical care for the
medial meniscus tear as well as the underlying chondromalacia finding
that the preexisting chondromalacia had been aggravated by the
work-related injury.  During oral argument, Bridgestone limited the
scope of the appeal to the single issue of the propriety of the trial
court awarding future medical care for the left knee chondromalacia. 
After carefully considering the record, we affirm the trial court
determination.

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

SOUTHLAND MALL, LLC v. VALOR SECURITY SERVICES, INC. 

Court:TCA

Attorneys:                          

John H. Dotson and Andrea N. Malkin, Memphis, Tennessee, for the
Plaintiff/Appellant, Southland Mall, LLC.

Charles O. McPherson and Alicia Y. Cox, Memphis, Tennessee, for the
Defendant/Appellee, Valor Security Services, Inc.

Judge: KIRBY

First Paragraph:

This is a breach of contract case.  The service contract between the
plaintiff shopping mall and the defendant security company provided
that the security company would "defend, indemnify, and hold harmless"
the mall for claims brought against the mall that related to or
resulted from the services of the security company.  An automobile
accident on the mall parking lot resulted in the death of a child. 
The child's mother sued the shopping mall and the security company for
wrongful death.  The complaint alleged that the driver of the car was
under the observation of a security company agent who "was or should
have been in contact with the driver" when the accident occurred.  
The security company refused to defend the mall, maintaining that the
lawsuit did not result from the services it provided.  The trial court
granted summary judgment to the security company, holding that the
security company had no duty to defend the suit.  We reverse, finding
that the language in the complaint was sufficient to trigger the duty
to defend.

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

STATE OF TENNESSEE v. CARRIE ANN BREWSTER and WILLIAM JUSTIN BREWSTER
RE-ISSUE

Court:TCCA

Attorneys:                          

Russell T. Greene, Knoxville, Tennessee, for the Appellant, Carrie Ann
Brewster; and Bruce E. Poston, Knoxville, Tennessee, for the
Appellant, William Justin Brewster.

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; Randall E. Nichols, District Attorney General; and
Leslie Nassios, Assistant District Attorney General, for the Appellee,
State of Tennessee.

Judge: WITT

First Paragraph:

The defendants, Carrie Ann Brewster and William Justin Brewster,
appeal from their Knox County  Criminal Court jury convictions of
first degree felony murder, facilitation of first degree premeditated
murder, especially aggravated robbery, and especially aggravated
burglary.  On appeal, the defendants claim that the convicting
evidence was insufficient to support the convictions and that the
trial court erred in denying the defendants' motions to suppress their
pretrial confessions.  Because the record supports the convictions and
the trial court's ruling on the pretrial motions to suppress, we
affirm; however, we modify the especially aggravated burglary
conviction to one of aggravated burglary.

RE-ISSUE
http://www.tba.org/tba_files/TCCA/brewstercarrieann.wpd

STATE OF TENNESSEE v. KIRK WILLIAMS

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; and Boyd Patterson, Assistant District
Attorney General, for the appellant, State of Tennessee.

Donna Robinson Miller, Assistant Public Defender, for the appellee,
Kirk Williams

Judge: WADE

First Paragraph:

The defendant, Kirk Williams, was indicted for driving under the
influence and obstructing traffic.  After granting a motion to
suppress all evidence obtained from the traffic stop, the trial court
permitted the state an application for a discretionary appeal under
Rule 9 of the Tennessee Rules of Appellate Procedure.  Because the
effect of the ruling was a dismissal of the charges, this court
accepted the appeal under Rule 3 and waived the timely filing of
notice of appeal by the state.  The issue presented for review is
whether the trial court erred by granting the motion to suppress.  The
judgment is reversed and the cause is remanded for a trial on the
merits.

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

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