TennBarU & the TBA Young Lawyers Division present … Introduction to
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• July 26 in Knoxville
• July 27 in Memphis
• July 27 in Nashville
• July 28 in Chattanooga

Mark your calendars for a new YLD Transactional Law CLE coming to a
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information and resources to non-litigating attorneys. Topics will
include contract drafting, estate planning, mediation, intellectual
property, real estate transactions and business entity formation.

Today's Opinions: June 21, 2005
Volume 11 — Number 117
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
04 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


GINA GUNN, ET AL. v. INDEPENDENT RADIOLOGY ASSOC., P.C., ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

S. Newton Anderson and Mildred Sabbatini, Memphis, Tennessee, for
Defendant/Appellant, The Hartford Insurance Company.

Jason A. Lee and David Brett Burrow, Nashville, Tennessee, for the
Defendant/Appellee, Realm National Insurance Company.

Paul Todd Nicks, Germantown, Tennessee, for Intervening Plaintiff,
Travelers Insurance Company.

Judge: BRASFIELD

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 section 50- 6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law. In this appeal, the issue is which of the multiple insurance
carriers is responsible for paying the workers' compensation benefits
of Ms. Gina Gunn, the injured employee. The trial court ruled that
Hartford Insurance Company, the insurance carrier when Ms. Gunn
underwent surgery for carpal tunnel syndrome, was responsible for
payment. On the basis of recent developments in the law, the Panel has
concluded that the judgment of the trial court should be reversed and
that Realm National Insurance Company, the insurance carrier when Ms.
Gunn filed the notice of her injury, is liable for payments of Ms.
Gunn's benefits.

http://www.tba.org/tba_files/TSC_WCP/2005/gunng62105.pdf

MARY ELIZABETH JACKSON v. SAMUEL WILLIAM BOWNAS, ET AL.

Court:TCA

Attorneys:                          

Francis A. Cain, Knoxville, Tennessee, for the appellants, Samuel
Bownas and Marybelle Bownas.

Keith McCord, Knoxville, Tennessee, for the appellee, Mary E. Jackson.

Judge: COTTRELL

First Paragraph:

In this boundary dispute between two lot owners in adjacent
subdivisions, the trial court relied on an old fence line to establish
the boundary and award plaintiff damages for trespass. Given that the
deeds and surveys were inconclusive, it is appropriate to look to the
most reliable monumentation to establish the line. We affirm.

http://www.tba.org/tba_files/TCA/2005/jacksonm62105.pdf

KNOXVILLE COMMUNITY DEVELOPMENT CORPORATION v. EMANUEL BAILEY

Court:TCA

Attorneys:                          

Carl W. Eshbaugh, Knoxville, Tennessee, for the appellant, Emanuel
Bailey.

James N. Gore, Jr., Knoxville, Tennessee, for the appellee, Knoxville
Community Development Corporation.

Judge: COTTERLL

First Paragraph:

This case involves a dispute over compensation for property taken by
eminent domain. The Knoxville Community Development Corporation
insisted that the property was worth only $19,500 and deposited that
amount into the court. The landowner claimed it was worth much more.
Following a trial, the jury found the fair market value of the
property to be $25,700. The landowner appeals, contending that the
trial court erred in instructing the jury that they could consider the
tax assessment figures in their valuation of the property. We agree,
and we reverse the trial court.

http://www.tba.org/tba_files/TCA/2005/knoxvillecomm62105.pdf

STATE OF TENNESSEE EX REL. DEBRA MARDIS v. DAVID MARDIS

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter; Stuart F.
Wilson-Patton, Senior Counsel, for the appellant, State of Tennessee,
ex. rel. Debra Mardis.

Judge: COTTRELL

First Paragraph:

The Juvenile Court reduced the monthly amount of child support the
father was obligated to pay from $345 to $130. The State of Tennessee,
acting under Title IV-D of the Social Security Act, appealed the trial
court's determination. The State argues that the court should have
either maintained the father's support obligation at the presumptive
level of $345 or deviated downward from the guidelines in accordance
with the method enunciated by this court in the case of Casteel v.
Casteel. Although the trial court impermissibly used the mother's
income as a factor in calculating support, father was entitled to a
downward deviation, and the amount awarded was within guiding legal
principles. Accordingly, we affirm.

http://www.tba.org/tba_files/TCA/2005/mardisd62105.pdf

LESLEY LAPOINTE WALKER v. KENNETH WAYNE WALKER

Court:TCA

Attorneys:                          

Robin McKinney, Jr., Nashville, Tennessee, for Appellant, Kenneth
Wayne Walker.

D.Scott Parsley, Nashville, Tennessee, for Appellee, Lesley LaPointe
Walker.

Judge: CAIN

First Paragraph:

Appellant was held in criminal contempt of court for failure to pay
alimony. We affirm the action of the trial court and find the appeal
to be frivolous.

http://www.tba.org/tba_files/TCA/2005/walkerl62105.pdf

Advising and Consulting with Business Clients under the Ethics Act

Date: June 17, 2005

Opinion Number: 05-096

http://www.tba.org/tba_files/AG/2005/op96.pdf

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