Dial in to great CLE seminars

The TennBarU Teleseminar series offers you the chance to hear leading national experts discuss timely topics from the convenience of your office or home. All TennBarU Teleseminars are broadcast via telephone at noon central time.

http://www.tba.org/TennBarU

  
TODAY'S OPINIONS: Thursday, October 20, 2005
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 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
02 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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

PHYLLIS A. YOUNG v. TAYLOR-WHITE, LLC

Court: TWCA

Attorneys:

Daniel R. Goodge, Knoxville, Tennessee, for the Appellant, Taylor-White, LLC.

Terry E. Hurst and Brad L. Davidson, Newport, Tennessee, for the Appellee, Phyllis A. Young.

Judge: ANDERSON

We granted review in this workers‚ compensation case to determine whether the trial court erred in awarding benefits to an employee injured while attending an employer-sponsored company picnic. After reviewing the evidence and applicable authority, we conclude that the employee‚s injury did not occur in the course of her employment and therefore is not compensable under the workers‚ compensation law. Accordingly, we reverse the trial court‚s judgment.

http://www.tba.org/tba_files/TSC_WCP/2005/youngp102005.pdf


STATE EX REL. WALTER J. DAVIS v. ABC BRENTWOOD LOCKSMITH SERVICE, ET AL.

Court: TCA

Attorneys:

Trippe S. Freid, Nashville, Tennessee, pro se.

William J. Yost, Franklin, Tennessee, for the appellees, State of Tennessee and Walter J. Davis, Williamson County Trustee.

Judge: CAIN

Appellant is a defendant in a delinquent tax suit by Williamson County for business personal property taxes for the year 2000. The trial court granted summary judgment to the plaintiff because the defendant had not utilized his available administrative remedies, and Defendant appealed. We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCA/2005/abc102005.pdf


ARROW ELECTRONICS v. ADECCO EMPLOYMENT SERVICES, INC.

Court: TCA

Attorneys:

Nicholas E. Bragorgos and John R. McCann of Memphis for Appellant, Arrow Electronics

James H. Stock and William C. Sessions of Memphis for Appellee, Adecco EmploymentServices, Inc.

Judge: CRAWFORD

Plaintiff/Appellant, a computer distribution company, sued Defendant/Appellee, atemporary employment service, for damages resulting from a temporary employee‚s allegedly negligent act. The trial court found in favor of the Defendant/Appellee on the grounds thatPlaintiff/Appellant had not met its burden of proof to show negligence. We affirm on the grounds that the temporary employee was the loaned servant of the Plaintiff/Appellant and, assuch, Defendant/Appellee is not liable for the negligent act of the temporary employee.

http://www.tba.org/tba_files/TCA/2005/arrow102005.pdf


SHERRYE HAMPTON-CROSS, ET AL. v. STATE OF TENNESSEE, ET AL.

Court: TCA

Attorneys:

Louis P. Chiozza, Jr., John W. Leach, Memphis, Tennessee, for the appellants Sherrye HamptonCross and Jonathan Cross.

Paul G. Summers, Attorney General and Report; Michael E. Moore, Solicitor General; Tiffany Baker Cox, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: CAIN

This appeal involves the jurisdiction of the Tennessee Claims Commission. Student of the University of Memphis was struck by two vehicles while crossing the street from the Universityowned parking lot to the University campus. Student and husband filed suit in the Claims Commission against the University and the State, claiming that Defendants negligently created or maintained dangerous conditions on state controlled real property. The State filed a motion to dismiss, arguing a lack of subject matter jurisdiction and failure to state a claim. The Claims Commission granted the motion. We affirm the judgment of the Claims Commission in all respects.

http://www.tba.org/tba_files/TCA/2005/hamptoncrosss102005.pdf


ANTONIO GIBSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

C. Anne Tipton, Memphis, Tennessee, for the appellant, Antonio Gibson.

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner, Assistant Attorney General; and Dennis Johnson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The petitioner, Antonio Gibson, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed.

http://www.tba.org/tba_files/TCCA/2005/gibsona102005.pdf


STATE OF TENNESSEE v. GAY NATHAN YARBRO

Court: TCCA

Attorneys:

Richard Deberry, Assistant Public Defender, Camden, Tennessee, for the appellant, Gay Nathan Yarbro.

Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General; Robert Radford, District Attorney General; and John W. Overton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Gay N. Yarbro, was convicted by a jury of introducing a controlled substance into a penal institution. The trial court sentenced the Defendant as a Range II, multiple offender to eight years in the Department of Correction for this offense, to be served consecutively to a sentence for a prior conviction. Additionally, the trial court revoked the Defendant‚s community corrections sentence for the prior conviction and ordered him to serve the original sentence in confinement. In this direct appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction for introducing a controlled substance into a penal institution and further challenges the length of his sentence for that offense. The Defendant also challenges the trial court‚s revocation of his community corrections sentence on the prior conviction. We affirm the judgment of the trial court as to the instant conviction, and further affirm the trial court‚s order of revocation.

http://www.tba.org/tba_files/TCCA/2005/yarbrog102005.pdf


Implementation of Tennessee River Resort District Act, Chap. No. 212, 2005 Public Acts

TN Attorney General Opinions

Date: 2005-10-18

Opinion Number: 05-161

http://www.tba.org/tba_files/AG/2005/op161.pdf

  PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the instructions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2005 Tennessee Bar Association