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04 - TN Supreme Court
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TSC



Court: TSC


Nicholas S. Akins and Bree A. Taylor, Nashville, Tennessee, for the Appellants, Erin Truckways, Ltd., a/k/a Erin Truckways, Ltd., Inc., a/k/a Digby Truck Lines, and Georgia Insurers Insolvency Pool.

Russell D. Hedges, Tullahoma, Tennessee, for the Appellee, Henry Dennis.


We accepted review of this workers’ compensation case to determine whether the trial court erred in setting aside the parties’ mediated settlement agreement. We hold that it did not. We also hold that the trial court did not err in determining that the employee is totally and permanently disabled and that it did not err in calculating the employee’s permanent total disability benefits. Finally, we hold that the Workers’ Compensation Law does require the employer to modify existing housing to make it wheelchair-accessible for the employee if medically necessary. We remand for a determination of that amount.



Corrected: The correction is as follows: At page 7, strike the sentence, "Moreover, a voluntary dismissal under the Tennessee Rules of Civil Procedure does not strictly leave the situatuion as if the claim had never been brought; dismissal activa

Court: TSC


Irwin Venick, Nashville, Tennessee, and Carol S. Nickle, Knoxville, Tennessee, for the Petitioner, Usha Haley.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Kimberly J. Dean, Deputy Attorney General; and Devon L. Gosnell, Associate General Counsel, University of Tennessee, for the Respondents, University of Tennessee-Knoxville and Jan Williams.


We accepted a question of law certified by the United States District Court for the Eastern District of Tennessee to determine whether a voluntary non-suit before the Tennessee Claims Commission activates the waiver provision of Tennessee Code Annotated section 9-8-307(b) (2005), barring a federal or state cause of action arising from the same act or omission as the claim before the Claims Commission. We hold that it does. We also hold that Tennessee Supreme Court Rule 23 authorizing the certified question procedure is not an impermissible extension of this Court’s jurisdiction under the Tennessee Constitution.



With Dissent

Court: TSC


Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Michael Rohling, Assistant District Attorney General, for the appellant, State of Tennessee.

James O. Martin, III, Nashville, Tennessee, for the appellee, James D. Nicholson.


We granted review to address the following certified question that was reserved by Defendant, James D. Nicholson, following his guilty plea to possession of cocaine for resale: “whether the evidence seized from the defendant in this case should have been suppressed because it was seized pursuant to the warrantless arrest of the defendant for which the police had no probable cause in violation of the 4th Amendment to the United States Constitution and Article One, Section Seven of the Tennessee Constitution as well as the Tennessee Supreme Court’s decision in State of Tennessee v. Perry Thomas Randolph, 74 S.W.3d 330 (Tenn. 2002).” After being instructed to “hold up” by a detective, Defendant turned and ran. A majority of the Court of Criminal Appeals concluded that Defendant was seized when he was thereafter pursued and apprehended by officers. The intermediate court concluded that, because the detectives lacked reasonable suspicion or probable cause to effectuate such a seizure, the evidence flowing therefrom must be suppressed. After careful review of the record and applicable authority, we concur with the judgment rendered by the Court of Criminal Appeals. Accordingly, we affirm the judgment of the Court of Criminal Appeals, reverse and vacate Defendant’s conviction and dismiss the charges. We also emphasize the importance of creating an adequate record for review in cases such as this one.


Janice M. Holder, dissenting


Court: TCA


Linda Faye Dalton, pro se Appellant.

Donald B. Reid, Athens, Tennessee, for the Appellee Thomas Fain Dalton.


Thomas Fain Dalton (“Father”) and Lynda Faye Dalton (“Mother”) were divorced in 1995. The parties have returned to court numerous times since the divorce, and continue to do so even though the youngest of their three children is now nineteen years old. The present appeal involves the Trial Court’s resolution of the most recent set of issues. In summary, the Trial Court denied Mother’s request for an increase in rehabilitative alimony, found Mother to be voluntarily underemployed, denied Mother’s motion for recusal, increased Mother’s child support payment, credited against Father’s child support arrearage medical bills which Father paid but which should have been paid by Mother, and declined to award attorney fees to Mother incurred on a previous appeal in this case. Mother appeals everything. We affirm.


Constitutionality of House Bill 2763 and Senate Bill 2763

TN Attorney General Opinions

Date: 2006-04-12

Opinion Number: 06-067


Application of minimum time price differential

TN Attorney General Opinions

Date: 2006-04-12

Opinion Number: 06-068


Records Custodian’s Duties Under Public Records Act

TN Attorney General Opinions

Date: 2006-04-12

Opinion Number: 06-068



Legal News
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Election 2006
TBA Member Services

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The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
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