Commission begins selection process for court panel

The state Judicial Selection Commission today began public hearings in its effort to select a three-person panel of Supreme Court candidates for Gov. Phil Bredesen to choose from. This is now its third try to assemble a panel for Bredesen from the sixteen people who have applied. Read more in the Tennessean:

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TWCA


Mary Dee Allen, Cookeville, Tennessee, for the Defendant-Appellant, Parker Hannifin Corporation, A/K/A/ Parker Seals.

Debbie C. Holliman and E. Guy Holliman, Carthage, Tennessee, for the Plaintiff-Appellee, Ruby Gooch.


This is a workers' compensation appeal referred to and heard by the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. Section 50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Prior to trial the parties settled the issue of permanent vocational impairment at 17% permanent partial disability to the body as a whole, which was subsequently court-approved. The defendant, Parker Hannifin Corporation, originally contended that the court erred in holding the defendant liable for plaintiff's milage to and from her residence or workplace and that of her medical provider due to the fact that the trips did not involve travel 15 miles or more in radius. The plaintiff having conceded the court's error in doing so, that leaves remaining the defendant's second contention, that being that the court erred in holding defendant responsible for what plaintiff's claim of unauthorized medical expenses in the amount of $39,037.25. We hold the court was correct, and therefore we affirm the trial court's decision.


Court: TCA


Edward M. Bearman, Memphis, Tennessee, for the appellant, Windyke Country Club.

Jonathan C. Hancock and Ross E. Webster, Memphis, Tennessee, and Sara Hall, City Attorney, for the City of Memphis. Richard L. Winchester, Jr., for the appellees, Robert E. Teutsch, Roslyn M. Teutsch, Frank G. Witherspoon, Martha C. Witherspoon, et al.


This dispute concerns annexation of property known as the Southwind area by the City of Memphis. The trial court denied Appellant's motion to intervene in Plaintiffs' quo warranto action challenging Memphis' annexation ordinance, and entered a consent order agreed to by the parties following settlement negotiations. We affirm.


Court: TCA


Christine Grablis, Murfreesboro, Tennessee, Pro Se.

Matthew Hare, appellee, not represented on appeal.


A mother filed a petition for habeas corpus challenging the father's custody of their child. The father had been awarded temporary custody pursuant to an order of the juvenile court of another county, as the latest in a series of orders emanating from dependency and neglect proceedings initiated in that court by the mother. Because the custody order was not void on its face, we affirm the trial court's denial of habeas corpus relief.


Court: TCA


Robert G. Hinton, Lenoir City, Tennessee, for the appellant, Applied Flooring Systems, Inc.

William J. Carver, Beecher A. Bartlett, Jr., and Chad W. Hampton, Knoxville, Tennessee, for the appellee, LeConte Properties, LP d/b/a Twin City Nissan.

Judge: LEE

LeConte Properties, LP d/b/a Twin City Nissan ("Twin City") contracted with Applied Flooring Systems, Inc. ("Applied Flooring") for the installation of an industrial epoxy floor coating in Twin City's car dealership building for a price of $22,000. The floor was installed, and the contract price was paid, but after only a short period of time, parts of the floor began to delaminate or separate into layers. After several unsuccessful repairs were attempted by Applied Flooring, Twin City declined further repairs and demanded a new floor. Applied Flooring refused and this lawsuit ensued. Twin City sued Applied Flooring for breach of contract, negligent misrepresentation, violation of express and implied warranties, and violation of the Tennessee Consumer Protection Act ("TCPA"). Following a bench trial, the trial court awarded Twin City damages for breach of contract, and treble damages, attorney's fees and expenses pursuant to the TCPA, all totaling $159,488.36. Applied Flooring appealed. After careful review, we affirm the award of damages for breach of contract, but vacate the award of treble damages, attorney's fees and expenses because we find no violation of the TCPA.


Court: TCA


John W. McClarty, Chattanooga, Tennessee, for the Appellant, Chausie Neal.

Douglas M. Campbell, Chattanooga, Tennessee, for the Appellee, Astra Zeneca, LP.

Judge: LEE

The issue presented in this case, which arises from damages sustained during an automobile accident, is whether there is material evidence to support the jury's verdict. The plaintiff, Chausie Neal, sued to recover for physical injuries and medical expenses she incurred as a result of a collision between her car and that of the defendant's employee, who was driving a company car in the course and scope of her employment. The defendant, Astra Zeneca, LP, ("Astra Zeneca") filed a counter-complaint, seeking payment for the damage to its vehicle. The jury returned a verdict finding Ms. Neal 85 percent at fault and Astra Zeneca 15 percent at fault. Based on that verdict, the trial court entered judgment for Astra Zeneca in the amount of $4,795.63. On appeal, Ms. Neal argues that there was no material evidence to support the jury's verdict. After careful review, we hold that there was ample evidence to support the jury's findings in this case. The decision of the trial court is affirmed.


Court: TCA


David A. Stuart, pro se Appellant.

William A. Reeves, Knoxville, Tennessee, for the Appellee, Anderson County Election Commission. Robert W. Knolton, Oak Ridge, Tennessee, for the Appellee, Don A. Layton.


This is an election contest brought by David A. Stuart ("Plaintiff") who lost the August 2006 general election for Anderson County General Sessions Court Judge, Division I. Plaintiff lost the election by a margin of 119 votes. In the complaint, Plaintiff alleges various irregularities in how the election was conducted, that these irregularities renders certain votes illegal, and that the number of illegal votes exceeds the margin of victory. Plaintiff seeks to have the election declared invalid. The Trial Court dismissed the complaint after finding that Plaintiff failed to state a claim upon which relief could be granted. We affirm in part, vacate in part, and remand for further proceedings.


Court: TCCA


John Pellegrin, Gallatin, Tennessee, for the appellant, James Bert McPherson.

Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Sallie Wade Brown, Assistant District Attorney General, for the appellee, State of Tennessee.


The appellant, James Bert McPherson, pled guilty in the Sumner County Criminal Court to two counts of attempted sexual battery, a Class A misdemeanor. For each conviction, the appellant received a sentence of eleven months and twenty-nine days, to be served consecutively. On appeal, the appellant challenges the trial court's failure to grant probation. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court.


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