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| Monday, August 15, 2011 |
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'Planned Early Negotiations' is topic for Tuesday
University of Missouri School of Law Professor John M. Lande, Tennessee Court of Appeals Judge Richard H. Dinkins and Nashville lawyer Margaret M. Huff will present two CLE webcasts on Aug. 16, about Planned Early Negotiations. Part 1 starts at noon Central and will look at key issues and methods of developing a good working relationship with opposing counsel. Part 2 (advanced techniques) starts at 1:30 p.m. and will look at
developing billing arrangements, promoting satisfying negotiation, engaging other professionals, dealing with problems in negotiation, and ethical issues.
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders
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.
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DALTON REB HUGHES ET AL. v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE ET AL.
CORRECTION on pages 6, 11, 14 and 20 (see below)
Court: TSC
Attorneys:
Kevin C. Klein, Andrew David McClanahan, James William Jefferson Farrar, Melissa S. Roberge, and Sue Cain, Nashville, Tennessee, for the appellants, Metropolitan Government
of Nashville and Davidson County, Tennessee.
Irene Regina Haude and Michael Joseph Flanagan, Nashville, Tennessee, for the appellee, Frank Archey.
Joe Mann Haynes, Goodlettsville, Tennessee, for the appellees, Dalton Reb Hughes and Sandra Hines Hughes.
Judge: WADE
CORRECTION SUMMARY
This corrected opinion makes the following changes to the original opinion:
--Page 6, Footnote 3, changed "entities do not" to "entities does not"
--Page 11, second paragraph, changed "106 S.W.3d 657" to "106 S.W.3d 655"
--Page 14, Footnote 9, last line, changed "457 N.W.2d 479, 499-500" to
"457 N.W.2d 479, 483-84"
--Page 20, 15 lines down, changed "plaintiffs subjective" to "plaintiff's subjective".
OPINION SUMMARY
After being injured when he jumped out of the path of a front-end loader owned by a governmental entity and operated by its employee, the plaintiff filed suit, claiming that the employee either was negligent in his operation of the equipment or had acted intentionally and that the governmental entity was liable under the Governmental Tort Liability Act. The trial court entered judgment for the plaintiff against the governmental entity and the Court of Appeals affirmed. The governmental entity sought permission to appeal, arguing first that the employee had acted outside the scope of his employment and, secondly, that he had committed an assault against the plaintiff, either of which would preclude liability under the
Act. Although we hold that the employee's conduct fell within the scope of his employment, his operation of the equipment constituted the intentional tort of assault rather than
negligence. The governmental entity cannot, therefore, be held liable under the Act absent proof of its negligent supervision. The judgment of the Court of Appeals is reversed as to the governmental entity, and the cause is remanded to the trial court for entry of judgment against the employee.
http://www.tba2.org/tba_files/TSC/2011/hughesd_COR_081511.pdf
VICKI L. HUTCHINGS, v. JOBE, HASTINGS & ASSOCIATES
Court: TCA
Attorneys:
Wm. Kennerly Burger, Murfreesboro, Tennessee, for the appellant, Vicki L. Hutchings.
G. Sumner R. Bouldin, Jr., Murfreesboro, Tennessee, for the appellee, Jobe, Hastings & Associates.
Judge: FRANKS
Plaintiff and defendant entered into a contract of employment for a term of three years, wherein plaintiff would prepare tax returns for defendant tax firm. Defendant terminated plaintiff's employment before the three year term had expired and plaintiff appealed to this Court to reverse the Trial Court's finding of breach of contract and award her damages for the breach. We hold that the evidence does not preponderate against the Trial Court's finding that the employer had just cause to terminate plaintiff. We affirm the Judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/hutchingsv_081511.pdf
SANDI D. JACKSON v. MITCHELL B. LANPHERE
Court: TCA
Attorneys:
Sandi D. Jackson, Hendersonville, Tennessee, Pro Se.
Debra L. Dishmon, Lebanon, Tennessee, for the appellee, Mitchell B. Lanphere.
Judge: BENNETT
The petitioner for an order of protection appeals the trial court's decision dismissing her petition. While we reject most of the assignments of error identified by the petitioner, we
agree that the trial court erred in failing to make findings of fact and conclusions of law as now required by Tenn. R. Civ. P. 41.02. We therefore vacate the trial court's order and remand.
http://www.tba2.org/tba_files/TCA/2011/jacksons_081511.pdf
IN THE MATTER OF KEELY A. J.
Court: TCA
Attorneys:
Sandra J., Hendersonville, Tennessee, Pro Se.
Debra L. Dishmon, Lebanon, Tennessee, for the appellee, Mitchell B. L.
Judge: CLEMENT
The appellant contends that the trial court made several serious errors, by inter alia, dismissing her claim for child support arrearages, reducing the father's child support
obligation, and denying her numerous motions to alter the agreed order after its entry, etc. The problem with these allegations is that they are wholly unfounded because the appellant agreed to settle and/or voluntarily dismiss all of her claims following the third day of trial, prior to the end of the trial. As for her claim that the trial court erred in awarding $10,000 in attorney's fees against her, we find this argument is also frivolous for she was discharged of
this specific obligation in bankruptcy. Therefore, we affirm the trial court in all respects. Further, upon the finding this appeal is frivolous, we remand with instructions for the trial
court to award the appellee his reasonable and necessary attorney's fees and costs against the appellant.
http://www.tba2.org/tba_files/TCA/2011/keelyaj_081511.pdf
MONICA WHITMORE v. SHELBY COUNTY GOVERNMENT
Court: TCA
Attorneys:
Maureen T. Holland, Memphis, Tennessee, Tennessee, for the appellant, Monica Whitmore.
Dedrick Brittenum, Assistant County Attorney and Pablo Adrian Varela, Assistant County Attorney, Memphis, Tennessee, for the appellee, Shelby County Government.
Judge: FARMER
The trial court granted the defendant, Shelby County Government, judgment on the pleadings as to multiple causes of action brought by a former county employee. The trial court found, inter alia, the one-year statute of limitations of the Tennessee Governmental Tort Liability Act ("GTLA") barred the plaintiff's claim. Applying well-settled law, the court concluded the general saving statute does not apply to a claim non-suited and re-filed against a governmental entity under the GTLA. Although the trial court failed to address whether a different conclusion might apply to causes of action arising under the Tennessee Human Rights Act ("THRA"), we hold the saving statute does not "save" a claim non-suited and refiled against a State entity under the THRA. The trial court therefore properly concluded the plaintiff's suit was time-barred. Because the trial court reviewed matters outside of the pleadings when deciding the defendant's motion, we grant summary judgment in favor of the defendant.
http://www.tba2.org/tba_files/TCA/2011/whitmorem_081511.pdf
JOHN AMBLER WIDENER v. STEPHANIE ELIZABETH WIDENER
Court: TCA
Attorneys:
Jean N. Crowe, Nashville, Tennessee and T. Ryan Malone, Chattanooga, Tennessee, for the appellant, Stephanie Elizabeth Widener.
Russell E. Freeman, Goodlettsville, Tennessee, for the appellee, John Ambler Widener.
Judge: FARMER
Defendant Mother appeals the trial court's judgment naming Plaintiff Father primary residential parent, the award of child support, and assignment of debt. We affirm in part, vacate in part, reverse in part and remand.
http://www.tba2.org/tba_files/TCA/2011/widenerj_081511.pdf
STATE OF TENNESSEE v. VARION JOHNSON
Court: TCCA
Attorneys:
Amber D. Haas, Sevierville, Tennessee, for the appellant, Varion Johnson.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; James B. Dunn, District Attorney General; and George C. Ioannides, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
A Sevier County Circuit Court jury convicted the appellant, Varion Johnson, of facilitation of aggravated robbery. The trial court imposed a sentence of nine years in the Tennessee
Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we reverse the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/johnsonv_081511.pdf
STATE OF TENNESSEE v. QUINCY MILLS
Court: TCCA
Attorneys:
Robin Ruben Flores, Chattanooga, Tennessee, for the appellant, Quincy Mills.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William H. Cox, District Attorney General; and Neal Pinkston and William Hall,
Assistant District Attorney General, for the appellee.
Judge: OGLE
The appellant, Quincy Mills, appeals the trial court's revocation of the appellant's probation for failure to comply with the terms of release. The appellant contends that the trial court violated his due process rights by failing to reduce its findings to writing and by admitting unreliable hearsay at the revocation hearing. Upon review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/millsq_081511.pdf
STATE OF TENNESSEE v. BRODERICK JOSEPH SMITH
Court: TCCA
Attorneys:
Carol Dawn Deaner, District Public Defender; Jeffery A. DeVasher, Assistant Public Defender (on appeal); and Joseph Michael Engle, Assistant Public Defender (at trial), for the
appellant, Broderick Joseph Smith.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Hunter
Eisenbeck and Robert Homlar, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: THOMAS
On May 26, 2011, the Tennessee Supreme Court remanded this case for reconsideration in light of its opinion in State v. Garrett, 331 S.W.3d 392 (Tenn. 2011). In Garrett, our supreme
court clarified the proper procedure to be used when a defendant requests a severance of offenses pursuant to Tennessee Rule of Criminal Procedure 14. Id. at 401-05. At issue upon remand in this case is whether the trial court erred in its denial of the Defendant's motion to sever one count of aggravated robbery from the remainder of the indictment. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/smithb_081511.pdf
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| TODAY'S NEWS |
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Legal News
TBA in the News
TBA Member Services
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| Legal News |
| Jury to decide damages for woman shackled while in labor |
| When Davidson County Sheriff's Office deputies shackled Juana Villegas to the hospital bed -- releasing her just long enough to give birth before replacing the irons on her wrists -- they violated her civil rights. That much has been determined by a court.
The issue set to go before a jury this week is what compensatory damages Villegas is entitled to, if any. |
The City Paper has the story
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| 11th Circuit deals blow to health care plan |
| A divided three-judge panel of the 11th Circuit Court of Appeals ruled Friday that Congress overstepped its authority when lawmakers passed the so-called individual mandate of President Barack Obama's health care overhaul, the first such decision by a federal appeals court.
The decision moves the question of whether Americans can be required to buy health insurance a step closer to the U.S. Supreme Court. |
The Leaf-Chronicle reported this AP story
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| Opinion: Memphis schools decision makes history again |
| Columnist Otis Sanford says last week's
school consolidation ruling by U.S. District Judge Samuel Mays rivals the landmark ruling by federal Judge Robert M. McRae Jr., who in 1972 ordered busing of students in Memphis City Schools to achieve desegregation. |
Read his column in the Commercial Appeal
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| A scam that even duped a bunch of lawyers |
| At least 80 law firms and lawyers in the U.S. and Canada lost more than $31 million to an intricate scam ring.
A Nigerian man accused of partaking in the fraud was extradited to the U.S. last week, the AP reports. He fled to Nigeria, his home country, after the accusations initially surfaced. |
Read more from the Wall Street Journal's Law Blog
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| Bond reduction request backfires |
| A man accused of raping a wheelchair-bound woman with whom he lived asked a judge today to reduce his $85,000 bond by half because he thought it was too high.
After hearing details of the allegations in the case case, however, Criminal Court Judge Lee Coffee bumped Terrence Wooden's bond to $500,000.
"You're the kind of person I would lock up without a bond if I could," the judge said, "but the legislature tells me I have to give you a bond." |
The Commercial Appeal has the story
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| TBA in the News |
| Shelby, Fanduzz, honored for judicial internship program |
| Jackson lawyer Nathan Shelby was recognized for his leadership efforts this summer during the inaugural year of the Law Student Judicial Internship Program, an initiative of the Tennessee Bar Association's Young Lawyers Division.
He worked with vice chairman Knoxville lawyer Joe Fanduzz to place 44 law students under the supervision of 43 judges across the state of Tennessee. |
The Jackson Sun has more
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| TBA Member Services |
| First Tennessee is TBA's preferred provider |
| First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. |
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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.
© Copyright 2011 Tennessee Bar Association
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