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Monday, February 12, 2007

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PAC legislation is reaction to his election, Ramsey says

A bill that would keep multi-candidate PACs from giving to other multi-candidate PACs is an attempt by Democrats to "take that luster off" the recent Senate leadership election, Lt. Gov. Ron Ramsey said during a Friday taping of "Legislative Chat," a public affairs show produced by East Tennessee State University. The bill was filed by Senate Democratic Caucus Chairman Joe Haynes. On the show Ramsey also discussed his intention to name a Northwest Tennessean to the Judicial Selection Commission, the Kingsport Times-News reports.

http://www.timesnews.net/article.php?id=3729539

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2007/certlist_021207.pdf

CLETUS LEE HARVEY v. STONE & WEBSTER CONSTRUCTION, INC., ET AL

Court: TWCA

Attorneys:

F. R. Evans, Chattanooga, Tennessee, for the Appellant, Stone & Webster Construction, Inc.

Michael S. Prichard, Chattanooga, Tennessee, for the Appellee, Cletus Lee Harvey.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On this appeal, the employer, Stone & Webster Construction, Inc. (Stone & Webster), alleges the trial court erred by failing to cap the recovery of the employee, Cletus Lee Harvey, Jr., at 2.5 times the medical impairment as required by Tennessee Code Annotated section 50-6-241(a)(1) and in awarding Mr. Harvey a vocational disability of fifty percent of the body as a whole. Finding the evidence does not preponderate against the findings of the trial court, we affirm.

http://www.tba2.org/tba_files/TSC_WCP/2007/harveyc_021207.pdf

JANETTE PHELPS v. MARK IV AUTOMOTIVE

Court: TWCA

Attorneys:

Lisa A. Houston, Jackson, Tennessee, for the Appellant, Mark IV Automotive.

Scott G. Kirk, Jackson, Tennessee, for the Appellee, Janette Phelps.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in failing to apply the two-and-one-half times impairment cap set forth in Tennessee Code Annotated section 50-6-241(a)(1) and that the forty-two percent permanent, partial disability to the body as a whole, awarded by the trial court, was excessive. We conclude that the evidence presented does not preponderate against the findings of the trial judge and affirm the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/phelps_021207.pdf

HERBERT WAYNE RALSTON v. THE AEROSTRUCTURES CORPORATION and ZURICH AMERICAN INSURANCE COMPANY

Court: TWCA

Attorneys:

R. Steven Waldron, Waldron and Fann, Murfreesboro, Tennessee, for the Appellant, Herbert Wayne Ralston.

Stephen W. Elliott, Aaron S. Guinn, Howell and Fisher, Nashville, Tennessee, for the Appellees, The Aerostructures Corporation and Zurich American Insurance Company.

Judge: BIVENS

This workers' compensation appeal has been referred to the Special Workers' Compensation eals Panel of the Supreme Court in accordance with Tenn. Code Ann. Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee contends that the trial court erred by applying the 2.5 multiplier cap to the employee's vocational disability award pursuant to Tenn. Code. Ann. Section 50-6-241(a)(1). The employer contends that it should not be required to pay post-judgment interest on the award and that the employee's appeal is frivolous. We affirm the trial court's application of the cap. We further find that the employee is entitled to statutory post- judgment interest on the award. Finally, we conclude that the appeal is not frivolous.

http://www.tba2.org/tba_files/TSC_WCP/2007/ralstonh_021207.pdf

SANDRA J. SIMPSON v. CALSONIC KANSEI NORTH AMERICA

Court: TWCA

Attorneys:

John R. White, Bobo, Hunt, and White, Shelbyville, Tennessee, for the Appellant, Calsonic Kansei North America.

Phillip George, Smyrna, Tennessee, for the Appellee, Sandra J. Simpson.

Judge: BIVENS

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 of findings of fact and conclusions of law. The employer contends that the trial court erred by (1) finding that the Plaintiff suffered a compensable work-related injury and (2) finding that the Plaintiff was entitled to an award of 23% vocational disability apportioned to her two feet. We affirm the trial court in all respects. Finally, we conclude that the appeal is not frivolous.

http://www.tba2.org/tba_files/TSC_WCP/2007/simpsons_021207.pdf

HOLLY J. YOUNG v. CUMBERLAND COUNTY MEDICAL CENTER, ET AL.

Court: TWCA

Attorneys:

David C. Nagle, Chattanooga, Tennessee, for the Appellants, Cumberland County Medical Center and Liberty Mutual.

Ronald Thurman, Cookeville, Tennessee, for the Appellee, Holly J. Young.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On this appeal, the sole issue presented is whether the trial court erred by failing to cap the recovery of the employee, Holly Young, at 2.5 times the medical impairment as required by Tennessee Code Annotated section 50-6-241(a)(1). In this case, Ms. Young sustained a shoulder injury to her right shoulder resulting in surgery. Following the first surgery, Ms. Young was returned to work performing light duty for her employer, Cumberland County Medical Center (CCMC). She resigned that employment due to progressively intense pain. Thereafter, Ms. Young underwent a second surgery. She was not offered employment by CCMC following her second surgery or after she had reached maximum medical improvement. The trial court determined Ms. Young's anatomical impairment to be fifteen percent to the body as a whole, held the statutory cap of benefits contained in Tennessee Code Annotated section 50-6- 241(a)(1) did not apply, and awarded benefits based upon a fifty percent disability to the body as a whole. We affirm.

http://www.tba2.org/tba_files/TSC_WCP/2007/youngh_021207.pdf

OTIS BROWN, JR., ET AL. v. WILLIAM SCHIERHOLZ, ET AL.

Court: TCA

Attorneys:

Jay R. Slobey, Nashville, Tennessee, for the appellants, Otis Brown, Jr. and Brass Lantern Farm, Inc.

J. Timothy Street, E. Covington Johnston, Jr., Franklin, Tennessee, for the appellees, William Schierholz and Lisa Schierholz.

Judge: CAIN

This appeal arises from the alleged agent's ("agent") suit to enforce an agreement entered into on behalf of the alleged principal ("principal"). The principal responded that the agent did not have the authority to enter into the agreement, and thereby refused to compensate the agent. The trial court ruled that the agent did not have the requisite authority to bind the principal, and awarded damages to the principal on his counterclaim. However, the trial court did award a commission fee to the agent. The ruling of the trial court regarding the validity of the agreement is reversed and this cause is remanded for further proceedings.

http://www.tba2.org/tba_files/TCA/2007/browno_021207.pdf

STATE OF TENNESSEE v. RONALD S. STRICK

Court: TCCA

Attorneys:

Jefre S. Goldtrap, Nashville, Tennessee, for the Appellant, Ronald S. Strick.

Robert E. Cooper, Jr., Attorney General & Reporter; Elizabeth B. Marney, Senior Counsel Criminal Justice Division; Victor S. Johnson, III, District Attorney General; and Scott McMurtry, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Ronald S. Strick, is aggrieved of his convictions of theft of property under $500, false imprisonment, and extortion in connection with a "brawl" at a nightclub where he was supervising his security company's employees. On appeal, he challenges the sufficiency of the convicting evidence, the introduction of the victim's property that was the subject of the theft conviction and an officer's testimony about that property, and the dual verdicts for theft and extortion; he also argues that prosecutorial misconduct in failing to honor an agreement never presented to the courtrequires dismissal of the charges. We affirm.

http://www.tba2.org/tba_files/TCCA/2007/strickr_021207.pdf

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Legal News

Mayor veto: Nashville will not be 'English first'

Nashville Mayor Bill Purcell has vetoed a controversial English-first ordinance, saying it would make Nashville "less safe, less friendly and less successful." The bill, which was approved by the council on Feb. 6 on a 23-14 vote, specifies English as the official language of Metro government and requires its communications be in English, except when federal law or public safety requires otherwise.

The Nashville Business Journal has more

Councilman Eric Crafton was quick to say he'd seek a charter amendment for the English-first measure if he doesn't have the votes to override the mayor's veto.

Read it in the Tennessean

Commissioner in D.C. to file racial discrimination complaint

Shelby County Commissioner Henri Brooks went to Washington today to lodge a complaint about alleged racial discrimination at the Juvenile Court of Memphis and Shelby County.