Senators ask for AG opinion on Knox election

State Sens. Jamie Woodson and Tim Burchett asked the state Attorney General this afternoon to issue an opinion quickly on whether Chancellor Daryl R. Fansler can order a special election to replace a dozen ousted county officials. Fansler booted the officials a week ago after a jury found commissioners violated the state Open Meetings Act when they appointed the 12 officials Jan. 31. Read the Knoxville News Sentinel account.
TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database or to obtain a text version of each opinion, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at the TBA's Membership Central.

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You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

JERRY SCOTT v. VOUGHT AIRCRAFT INDUSTRIES, INC., ET AL.

Court: TWCA

Attorneys:

Aaron S. Guin and Stephen W. Elliot, Nashville, Tennessee, for the appellants, Vought Aircraft Industries and American Home Assurance Company.

Frank F. Buck, Dowelltown, Tennessee for the appellee, Jerry Scott.

Judge: HARRIS

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. In this case, the trial court found the employee's hearing loss to be compensable, and awarded benefits for ninety percent hearing loss to both ears. The employer has appealed, contending that the trial court erred in reopening the proof and ordering an independent medical examination after the case had been tried and a ruling had been issued. The employer also contends that the trial court erred in finding that the employee's hearing loss was work-related, and that the size of the award is excessive. We hold that the evidence is sufficient to support the trial court's finding on causation, even if the post-trial evidence is not considered, and affirm the amount of the award of permanent partial disability.

http://www.tba2.org/tba_files/TSC_WCP/2007/scottj_101207.pdf


JOHNNY TOWNSEND v. C & GM URBAN ELECTRIC SERVICE, INC, ET

Court: TWCA

Attorneys:

Daniel C. Todd, Nashville, Tennessee for the Appellant, Johnny Townsend

Elaine M. Youngblood, Nashville, Tennessee for the Appellees, C & GM Urban Electric Service, Inc. and Firstcomp Group

Judge: WALLACE

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 court awarded 33% permanent partial disability to the body as a whole. The employee has appealed that ruling, contending that the trial court erred in excluding medical proof concerning a pre-existing disability unrelated to his work injury. The employee further contends that the trial court erred in failing to award permanent total disability benefits. We conclude that the exclusion of the medical evidence was error, but that it did not affect the result of the case. We affirm the judgment of the trial court as to permanent partial disability benefits.

http://www.tba2.org/tba_files/TSC_WCP/2007/townsendj_101207.pdf


WHIRLPOOL CORPORATION v. VIRGINIA LASALLE v. SUE ANN HEAD, ADMINISTRATOR OF THE DIVSION OF WORKERS' COMPENSATION ET AL.

Court: TWCA

Attorneys:

Jerry D. Mayo, Nashville, Tennessee, for the Appellant, Virginia LaSalle.

David T. Hooper, Nashville, Tennessee, for the Appellee, Whirlpool Corporation.

Robert Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; Lauren S. Lamberth, Assistant Attorney General, for the appellee, Tennessee Department of Labor and Workforce Development, Workers' Compensation Division, Second Injury Fund.

Judge: HARRIS

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. The employee asserts that the trial court erred in awarding her a 43.75% permanent partial disability, rather than permanent total disability. We agree and therefore reverse the judgment of the trial court and enter judgment to the employee for permanent and total disability. We also conclude that the trial court erred by failing to calculate the disability resulting from the shoulder injury independent of the employee's preexisting back injury. We therefore remand the case to the trial court for further proceedings.

http://www.tba2.org/tba_files/TSC_WCP/2007/whirlpoolvlasalle_101207.pdf


TODAY'S NEWS

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Legal News
Mississippi judge moves forward with plans for execution
In Mississippi, the Supreme Court isn't waiting for the U.S. Supreme Court's decision on whether death by lethal injection is cruel punishment. In an order signed yesterday by Presiding Justice Bill Waller Jr., an Oct. 30 execution date was set for Earl Wesley Berry.
Read the details in the Commercial Appeal
Sheriff indicted on 33 counts
Williamson County Sheriff Ricky Headley was indicted by a Nashville grand jury today on 33 charges related to illegal possession of prescription drugs.
WSMV-TV has more
Commission sets date for filling court slot, Duncan adds name to list
The Tennessee Judicial Selection Commission will meet Nov. 15-16 in Nashville to begin the process of filling the vacancy on the Court of Appeals in the middle grand division. Applicant questionnaires must be received in the Administrative Office of the Courts no later than Oct. 23. Decherd attorney Christina Henley Duncan is the latest applicant for the position.
Find out more or download forms
Law firm warns clients: feds tapping phones, hacking computers
A Vermont law firm sent letters to its clients recently telling them they cannot guarantee their confidentiality because the firm believes the federal government may be wiretapping its law office phones. The firm -- Gensburg, Atwell & Broderick -- represents clients being held in the U.S. military prison at Guantanamo Bay and in Afghanistan.
The Burlington Free Press reported this AP story
24th Judicial District seek comment on proposed rules
The judiciary of the 24th Judicial District is accepting comment on proposed Local Rules for the courts of record in Benton, Carroll, Decatur, Hardin and Henry counties. Make comments by Nov. 10 to the Hon. Donald E. Parish, Circuit Court, Division II, P.O. Box 9, 21460 East Main St., Huntingdon, TN 38344.
Download the proposed Local Rules
Smyrna courts close early to move
The Smyrna Municipal Court offices at Town Hall closed at noon today to move to the judicial center at 400 Enon Springs Road East. Offices will re-open at the new location 8 a.m. Oct. 15.

'Memphis Lawyer' wins award of excellence
The Memphis Bar Association's magazine, Memphis Lawyer, was recognized today by the Communications Section of the National Association of Bar Executives during its annual workshop in Philadelphia. Dottie McCallen is the MBA's communications director.

TennBarU CLE
TennBarU course looks at new smoking law
Tennessee's new Non-Smoker Protection Act is now in effect, banning the use of tobacco products in the workplace for the first time. To help lawyers understand the new law and how it will affect their clients, a TennBarU online video program is now available featuring Johnson City attorney Vance W. Cheek Jr. of Baker, Donelson, Bearman, Caldwell, & Berkowitz. Cheek was involved in shaping the legislation and provides insight into its formation, how it will affect employers and others, and possible modifications that may come before the legislature in the coming session.
Learn more or register now
TBA Member Services
Guide to pro bono assistance
The TBA YLD has released a new resource to help volunteer attorneys provide meaningful legal services to victims of natural disasters. The 83-page document addresses a wide range of legal and social service issues disaster victims most frequently face. And unlike other resources that have been used in the past, this manual is Tennessee specific.
Download a copy today

 
 
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