Demystifying the Disciplinary Process

Learn about the state disciplinary process, common mistakes that trip up lawyers and the role malpractice insurance plays in the profession during the upcoming Ethics Forum from TennBarU and the TBA's Young Lawyers Division. Speakers include attorneys representing the Board of Professional Responsibility, the state entity that investigates allegations of attorney misconduct, and attorneys who represent those accused of wrongdoing. The course will be held May 16 in Nashville. Find out more or register now
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.

00 - TN Supreme Court
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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.

SHARON P. ADAMS v. CITY OF KINGSPORT, TENNESSEE

Court: TWCA

Attorneys:

Arthur M. Fowler and Arthur M. Fowler, III, Johnson City, Tennessee, for the appellant, Sharon P. Adams.

Steven C. Rose and S. Curtis Rose, Kingsport, Tennessee, for the appellee, City of Kingsport.

Judge: FORGETY

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 a hearing and a report of findings of fact and conclusions of law. Her job as a school psychologist required her to travel between schools and other sites in the City of Kingsport. She had gone to a restaurant for lunch after completing an assignment at an elementary school. She was injured in an automobile accident which occurred as she was leaving the parking lot of the restaurant. At the time, she was returning to her office to pick up materials for an assignment at a second school. The trial court granted Employer's motion for summary judgment, finding that Employee's injury did not arise from or occur in the course of her employment. Employee has appealed. We hold that Employer was not entitled to summary judgment, vacate the judgment, and remand the case to the trial court for further proceedings.

http://www.tba2.org/tba_files/TSC_WCP/2008/adamss_050208.pdf


STEPHEN Q. MANCHESTER v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, ET AL.

Court: TWCA

Attorneys:

Barry H. Medley, McMinnville, Tennessee for the appellant, Steven Q. Manchester.

B. Timothy Pirtle, McMinnville, Tennessee, for the appellees, Insurance Company of the State of Pennsylvania, Bridgestone Firestone Research, Inc. and Bridgestone Firestone, Inc.

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 a hearing and a report of findings of fact and conclusions of law. This case was remanded by a prior workers' compensation appeals panel for recalculation of the award of permanent partial disability benefits. On remand, the award was modified. The employer, Bridgestone Firestone, Inc., paid the judgment, but declined to pay post-judgment interest. The trial court denied a motion to require payment of interest that was filed by the the employee, Steven Q. Manchester, and he has appealed. We reverse the trial court and hold that Mr. Manchester is entitled to post-judgment interest on the modified amount of the award from the date of the original judgment.

http://www.tba2.org/tba_files/TSC_WCP/2008/manchesters_050208.pdf


PATRICIA AMBROSE v. BLYTHE BATSUK
CORRECTION


Court: TCA

Attorneys:

Randall W. Burton, Nashville, Tennessee, for the appellant Patricia Ambrose.

Julie Bhattacharya Peak, Nashville, Tennessee, for the appellee Blythe Batsuk.

Judge: COTTRELL

This case arose from a low-speed collision in which the plaintiff's car was rear-ended by the defendant's car. The plaintiff claimed that the accident caused her to suffer neck and shoulder injuries, resulting in considerable pain and suffering. The defendant conceded fault for the accident, but denied that the accident had caused the plaintiff any actual injury. The plaintiff attempted to prove causation by offering the deposition testimony of the primary care doctor who had treated her. The trial court excluded the doctor's testimony because he was unable to state that the accident more probably than not caused the plaintiff's physical injuries. The jury returned a verdict for the defendant and the trial court entered judgment thereon. We affirm.

http://www.tba2.org/tba_files/TCA/2008/ambrosep_Corr_050208.pdf


BRIDGETT HILL, ET AL. v. NHC HEALTHCARE/NASHVILLE, LLC, ET AL.
CORRECTION


Court: TCA

Attorneys:

John B. Curtis, Jr., Bruce D. Gill, Chattanooga, Tennessee, for the appellants, NHC Healthcare/Nashville, LLC; and National Healthcare Corp.

Joseph K. Dughman, James W. Tiller, Nashville, Tennessee, for the appellees, Bridget Hill, and Janece Wilson, as co-administratrices of the estate of Barbara Hill, deceased.

Judge: COTTRELL

The administrators of the estate of a woman who died after being transported by ambulance from a nursing home to a hospital filed a wrongful death suit which named the nursing home and the ambulance service as defendants. The nursing home responded with a motion to compel arbitration, citing a provision in the admissions agreement which the decedent had signed, requiring both parties to submit any disputes to arbitration and to waive their rights to jury trial. The trial court found the arbitration clause to be unconscionable and denied the motion. The nursing home then filed a direct appeal to this court pursuant to Tenn. Code Ann. section 29-5-319. We affirm.

http://www.tba2.org/tba_files/TCA/2008/hillb_Corr_050208.pdf


SHARON M. KEISLING v. DANIEL KERRY KEISLING

Court: TCA

Attorneys:

Dan Richard Alexander, Nashville, Tennessee, for the appellant, Sharon M. Keisling.

Daniel K. Keisling, Pro Se.

Gloria Jean Evins, Pro Se.

Judge: FARMER

The trial court awarded a fee to the Guardian ad Litem in this matter and ordered appellantresponsible for payment of the fee. Mother appeals contending that, due to misconduct of the GAL the fee should be forfeited. We affirm the trial court's award of the fee and, in the absence of atranscript or statement of the evidence, deem this to be a frivolous appeal.

http://www.tba2.org/tba_files/TCA/2008/keislings_050208.pdf


JEFFERSON C. PENNINGTON III and DAN ALAN GOOSTREE v. BOUNDRY, INC.; SOUTH STREET, INC.; CHUMI, LLC; LEWIS INVESTMENT CO., INC.; and JAMES A. LEWIS and BRADFORD JASON LEWIS, GINGER LEWIS DOLLARHIDE, and JAMES BRYAN LEWIS v. BOUNDRY, INC.; SOUTH STREET, INC.; and JEFFERSON C. PENNINGTON III

Court: TCA

Attorneys:

Paul T. Housch, Nashville, Tennessee, for Plaintiffs/Appellants Bradford Jason Lewis; Ginger Lewis Dollarhide; James Bryan Lewis; and Defendants/Appellants Lewis Investment Co., Inc. and James A. Lewis

John L. Chambers, Nashville, Tennessee, Special Master/Appellee, pro se

Judge: KIRBY

This appeal involves the fees awarded to a special master. In the underlying litigation, shareholders in two corporations and members in a limited liability company filed a lawsuit seeking dissolution of the entities. The trial court appointed a special master to investigate facts pertinent to judicial dissolution and intervention to prevent future losses. The special master's investigation included reviewing shareholder voting agreements and other legal documents. During the course of the investigation, the special master acted as a mediator and conducted settlement discussions. After filing his report with the trial court, the special master applied for approval of his fees. Some of the parties objected to the fees, but the trial court nevertheless approved the fee application. Several parties appeal, arguing inter alia that the trial court approved an excessive hourly rate and awarded fees for services that were outside the scope of the order of reference. We find that the special master's mediation efforts were outside the scope of the special master's authority, and reverse the fee award for those activities. The remainder of the trial court's decision is affirmed.

http://www.tba2.org/tba_files/TCA/2008/penningtonj_050208.pdf


STATE OF TENNESSEE v. ROBERT CASH

Court: TCCA

Attorneys:

Sean G. Williams, Assistant District Public Defender (at trial); and Richard Hughes, District Public Defender (on appeal), for the appellant, Robert Cash.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; and Andrew M. Freiberg and John Williams, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Robert Cash, appeals his Bradley County Criminal Court conviction of one charge of aggravated sexual battery of a person under the age of thirteen, alleging that there was insufficient evidence to prove intent. We find that the evidence presented at trial was sufficient and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/cashr_050208.pdf


TODAY'S NEWS

Legislative News
Legal News
TBA Member Services

Legislative News
Lawyer ad ban could face First Amendment challenges
A legislative proposal to ban defense attorneys from advertising their expertise with drunken driving cases could face First Amendment and separation of powers challenges, an opinion released this week by Attorney General Robert Cooper says.
Read more about it in the Tennessean
Legal News
Appeals court opening draws fifth candidate
Circuit Court Judge Clayburn L. Peeples Jr. of the 28th Judicial District is the latest candidate to apply for the western division vacancy on the Tennessee Court of Criminal Appeals. The list of applicants also includes Jeff Mueller, Joe H. Walker III, Garland Ingram Erguden, and W. Mark Ward. The deadline to submit an application is May 9.
The Administrative Office of the Courts has more information
Deal would put Pakistan judges back in office
Pakistan's new parliamentary leadership has apparently reached an agreement to restore to office all appellate judges removed last year by President Pervez Musharraf.
Read more from the ABA's Online Journal
Arkansas to resume executions
Arkansas will resume conducting executions by lethal injection after the state makes a few changes in its protocol, Governor Mike Beebe says. The governor said he expects to begin receiving death warrants from Attorney General Dustin McDaniel's office within the next 30 days for inmates who have exhausted their court appeals.
Learn more from WMCTV in Memphis
County strengthens courthouse security
Sullivan County officials have beefed up security to make the courthouses in Kingsport, Blountville and Bristol safer. Six full-time and seven part-time deputies now share the responsibility of manning metal detectors and X-ray machines at the main entrance to each of the county's three courthouses.
Read more from the Kingsport Times News
Grand jury says stiffer penalties needed in DUI cases
A Hamilton County Grand Jury is calling for longer jail sentences and/or mandatory seizure of vehicles for those convicted of driving under the influence of alcohol for the first time.
Read the Grand Jury's full report in the Chattanoogan.com
Justice Clark speaks at Law Day event in Columbia
Justice Cornelia Clark was the keynote speaker at the Maury County Bar Association's annual Law Day event Thursday at the Maury County Courthouse. Other activities included presentation of the Liberty Bell Award, recognition of this year's High School Mock Trial Competition district champion and a ceremony honoring the late Judge William Bryan Cain that culminated with a memorial tree planting on the courthouse grounds.
The Columbia Daily Herald has more
TBA Member Services
Secure, complaint data backup service now available
The TBA's official data protection, backup and recovery vendor of choice, EVault, offers secure online backup solutions. Evault minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get EVault and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774.
Learn why lawyers trust EVault for online data backup solutions

 
 
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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