TIMOTHY YATES CARTER v. HAPPY TRUCKING COMPANY, INC. and STATE OF
TENNESSEE DEPARTMENT OF LABOR WORKERS' COMPENSATION DIVISION SECOND
INJURY FUND, JIM FARMER, DIRECTOR
Court:TSC - Workers Comp Panel
Attorneys:
Lee Anne Murray, Feeney & Murray, PC, Nashville, TN, for the
appellant, Happy Trucking Company, Inc.
William Joseph Butler and Debbie C. Holliman, Farrar, Holliman &
Butler, Lafayette, TN, for the appellee, Timothy Yates Carter.
Judge: SCOTT
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel 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 that the appellee
was entitled to proceed with his lawsuit for reconsideration benefits
stemming from a 1998 injury when he was terminated following a
subsequent injury to the body as a whole, and awarded benefits. The
trial court further found no liability on the part of the Tennessee
Second Injury Fund. The appellant contends that the employee's claim
for enlargement is prohibited by Tenn. Code Ann. SS 50-6-241(a)(2) and
50-6-207(3)(F), and that the trial court erred in its statutory
interpretation. For the reasons set forth below, we reverse the
holding of the trial court.
http://www.tba.org/tba_files/TSC_WCP/2005/cartert51705.pdf
EARL A. CROW, III v. DANIEL R. LEDOUX, ET AL.
Court:TCA
Attorneys:
Harry L. Lillard, Oak Ridge, Tennessee, for the appellant, Earl A.
Crow, III.
Kenneth W. Ward, Knoxville, Tennessee, for the appellees, Daniel R.
LeDoux and wife, Katherine Marie LeDoux.
Judge: SUSANO
First Paragraph:
Earl A. Crow, III, brought this action against his landlords, Daniel
R. LeDoux and wife, Katherine Marie LeDoux (collectively "the
defendants"), for injuries sustained by him in a fall caused by an
allegedly defective heating grill in his apartment. The defendants
filed a motion for summary judgment, arguing, inter alia, that the
plaintiff's knowledge of the condition of the grill was at least
co-extensive with that of the defendants, and that, as a consequence
of this fact, no liability attached. The trial court agreed and
granted the defendants' motion. The plaintiff appeals. We vacate the
trial court's grant of summary judgment and remand for further
proceedings.
http://www.tba.org/tba_files/TCA/2005/crowe51705.pdf
CARRIE C. DOWLEN v. BILLY WEATHERS, ET AL.
Court:TCA
Attorneys:
J. Scott McDearman, Chattanooga, Tennessee, for the appellants, Billy
Weathers and Re/Max Properties, LLC.
Phillip C. Lawrence, Chattanooga, Tennessee, for the appellee, Carrie
C. Dowlen.
Judge: SUSANO
First Paragraph:
Carrie C. Dowlen ("the plaintiff") - a licensed real estate
"broker/salesperson" - while working as an independent contractor for
Re/MaxProperties, LLC("Re/Max"), a Chattanooga real estate broker,
secured an Exclusive Listing Agreement ("the Listing Agreement") on
behalf of Re/Max to sell or lease property owned bya husband and wife
("the owners"). The property was later leased; however, the owners
refused to pay the commission due under the Listing Agreement. The
plaintiff, in her individual name, brought suit against the husband.
During the pendency of that suit, the owners and Mr. Weathers, acting
on behalf of Re/Max, entered into an agreement, by the terms of which
the parties released each other from "any claim of liability or cause
of action of any kind stemming from [the Listing Agreement]." When the
plaintiff learned of the release and recognized its probable effect on
her "commission" lawsuit, she took a voluntary nonsuit as to her claim
against the husband; she then filed this suit for breach of contract
and inducement of breach of contract against Mr. Weathers and Re/Max.
The trial court held that the defendants, by executing the Release,
induced the owners to breach the Listing Agreement and, pursuant to
the statute addressing damages for inducement of breach of contract,
the court then awarded the plaintiff three times the amount of the
commission due her. The trial court also granted the plaintiff's
request for her attorney's fees. The defendants appeal. We hold (1)
that, at the time the Release was executed, the real parties in
interest with respect to the commission due under the Listing
Agreement were the owners and the plaintiff; and (2) that, as to the
commission, the defendants were nothing more than a pass-through or
conduit of the commission for the sole benefit of the plaintiff.
Accordingly, we affirm so much of the trial court's judgment as holds
that the defendants are liable to the plaintiff for inducement of
breach of contract. Finding no legal basis for an award of fees in
this case, we reverse the trial court's award of fees.
http://www.tba.org/tba_files/TCA/2005/dowlenc51705.pdf
STATE OF TENNESSEE, EX. REL. DEBRA L. OGELSBY v. MARK D. BRIDGES
Court:TCA
Attorneys:
Ricky A.W. Curtis, Knoxville, Tennessee, for the appellant, Mark D.
Bridges.
Paul G. Summers, Attorney General and Reporter, and Warren A. Jasper,
Assistant Attorney General, Nashville, Tennessee, for the appellee,
State of Tennessee, ex. rel. Debra L. Ogelsby.
Judge: SUSANO
First Paragraph:
Debra L. Ogelsby ("Mother") and Mark D. Bridges ("Father") are the
natural parents of Holly Bridges ("the child"). By an order entered in
1986, Mother was awarded custody of the child and Father was charged
with a duty of support but with no amount being set. In 1998, the
child started living with Father. At that time, Father, motivated by
the fact the child was now living with him, filed a petition to
terminate his support obligation. His petition was granted. In 1999,
the child left Father and again took up residence with Mother. The
child was emancipated by marriage in 2000. In 2002, the State of
Tennessee ("the State"), on behalf of Mother, brought this action
seeking retroactive child support for the period from 1999 through
2000. Father argues that the trial court was prohibited from awarding
retroactive child support prior to June 11, 2002, the date upon which
the State filed its petition. The trial court held that Mother was
entitled to retroactive child support since there was no active order
for child support in place at the time the petition was filed. Father
appeals. We affirm.
http://www.tba.org/tba_files/TCA/2005/oglesbyd51705.pdf
STATE OF TENNESSEE v. DOUGLAS F. JORDAN, JR.
Court:TCCA
Attorneys:
J. Liddell Kirk (on appeal and at trial) and M. Jeffrey Whitt (at
trial), Knoxville, Tennessee, for the appellant, Douglas F. Jordan,
Jr.
Paul G.Summers, Attorney General &Reporter; Renee W.Turner, Assistant
Attorney General; and James Brooks, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Douglas F. Jordan, Jr., was convicted of second degree
murder and ordered to serve twenty-three years in the Department of
Correction. In this appeal of right, the defendant contends that the
evidence was insufficient, that the trial court committed certain
evidentiary errors, that the trial court erred by denying his motion
for continuance, and that the sentence was excessive. The judgment of
the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/2005/jordand51705.pdf
Amendment of City Charter
Date: May 13, 2005
Opinion Number: 05-081
http://www.tba.org/tba_files/AG/2005/op81.pdf
Statute Permitting Cities and Counties to Impose Stricter Testing
and/or Experience Requirements for Plumber to Work Within the City or
County
Date: May 13, 2005
Opinion Number: 05-082
http://www.tba.org/tba_files/AG/2005/op82.pdf
Senate Bill 1989/House Bill 1870 -- Consistent with federal law?
Date: May 16, 2005
Opinion Number: 05-083
http://www.tba.org/tba_files/AG/2005/op83.pdf
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