TBALink Opinion-Flash

December 3, 1996 -- Volume #2 -- Number #109

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue IN THIS ORDER:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
05-New Opinons From TCA
05-New Opinons From TCCA

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TBALink Chief Editor


JOHN BROWN
vs.
COUNTY OF SHELBY

Court:TCA

Attorney for Plaintiff/Appellant:   Attorney for Defendant/Appellee:

Alan Bryant Chambers                Carroll C. Johnson
Jeff A. Crow, Jr.                   Memphis, Tennessee
CHAMBERS, CROW, DURHAM 
& HOLTON, Memphis, Tennessee
                      
Judge: FARMER

First Paragraph:

This appeal concerns an action by the appellant, John Brown, to
recover workers' compensation benefits from his employer, the
appellee, County of Shelby (County), who has not elected to come
within the provisions of the Workers' Compensation Law. Brown alleges
that he sustained on-the-job injuries while employed by the County as
a counselor at the Shelby County Jail. The record reflects that the
County has implemented its own policy whereby it compensates its
employees for on-the-job injuries and relies to some extent on the
Workers' Compensation Act as a guide in determining benefits. AFFIRMED
AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/BROWNJ_OPN.WP6
Opinion-Flash

JOHN H. FOURNIER
vs.
M.V. TICHENOR and BOWLING, BOWLING & ASSOCIATES

Court:TCA

Attorney for Plaintiff/Appellant:   Attorney for Defendants/Appellees:

John D. Horne                       James L. Kirby
THE WINCHESTER LAW FIRM             HARRIS, SHELTON, DUNLAP & COBB
Memphis, Tennessee                  Memphis, Tennessee
                       
Judge: FARMER

First Paragraph:

Plaintiff-Appellant, John H. Fournier, appeals the order of the trial
court entering summary judgment in favor of Defendants-Appellees, M.V.
Tichenor and Bowling, Bowling & Associates, on Fournier's claims for
negligent misrepresentation and breach of contract. AFFIRMED AND
REMANDED.

URL:http://www.tba.org/tba_files/TCA/FOURNIER_OPN.WP6
Opinion-Flash

SANDRA L. GARFINKEL
vs.
CHARLES LEONARD GARFINKEL

Court:TCA

For the Plaintiff/Appellee:         For the Defendant/Appellant:

Steven L. West                      Laura A. Keeton          
McKenzie, Tennessee                 Huntingdon, Tennessee                        

Judge: LILLARD

First Paragraph:

This is a divorce case in which the trial court awarded custody of the
parties' minor children to Plaintiff/Appellee, Sandra Garfinkel
(Wife), with standard visitation to Defendant/Appellant, Charles
Garfinkel (Husband). Husband was ordered to pay child support and
rehabilitative alimony for a period of one year. AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/GARFINKE_OPN.WP6
Opinion-Flash

RAINBO BAKING COMPANY OF LOUISVILLE, 
a Delaware Corporation
vs.                         
RELEASE COATINGS OF TENNESSEE, INC.

Court:TCA

Attorneys for Plaintiff:        Attorney for Defendant:

ROBERT L. CRAWFORD              KAREN R. CICALA 
and JONATHAN LAKEY              Memphis
Wyatt, Tarrant & Combs,
Memphis

Judge: TOMLIN, Sr.

First Paragraph:

Rainbo Baking Company of Louisville ("Rainbo") filed suit in the
Chancery Court of Shelby County against Release Coatings of Tennessee,
Inc. ("Release") seeking compensatory damages from Release for damages
allegedly sustained by Rainbo as a result of the improper
straightening of a large quantity of baking pans used by it in its
bakery business. MODIFIED AND AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/RAINBO_OPN.WP6
Opinion-Flash

DEBBIE VANCLEAVE
vs.
MATTHEW MARKOWSKI AND DIANE MARKOWSKI

Court:TCA

Attorneys for Defendant/Appellee:   Attorney for Plaintiff/Appellant:

Russell E. Reviere                  James H. Bradberry 
Bradford D. Box                     Dresden, Tennessee
Jackson, Tennessee
                                   
Judge: LILLARD

First Paragraph:

The plaintiff/appellant in this cause, Debbie VanCleave ("VanCleave"),
appeals the trial court's grant of summary judgment in favor of
Defendants/Appellees, Matthew and Diane Markowski. On October 3, 1993,
VanCleave was a guest at the Markowski house. Diane Markowski and
VanCleave went into the Markowski's back yard to the deck area around
the swimming pool. VanCleave filed a lawsuit against the Markowskis,
alleging negligence and seeking compensatory damages. AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/VANCLEAV_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE      
vs. 
JAMES E. BRICE

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

KINDALL T. LAWSON               CHARLES W. BURSON
205 Hwy. 66 South               Attorney General & Reporter
Suite 101
Rogersville, TN  37857          ELIZABETH T. RYAN       
                                Asst. Attorney General
                                450 James Robertson Pkwy.
                                Nashville, TN  37243-0493

                                C. BERKELEY BELL
                                District Attorney General

                                DOUG GODBEE
                                Asst. District Attorney General
                                Hawkins County Courthouse
                                Main Street
                                Rogersville, TN  37857                         

Judge: PEAY

First Paragraph:

The defendant was indicted on September 11, 1995, for vehicular
homicide, leaving the scene of an accident resulting in a death, and
possession of drug paraphernalia. The third count was severed from the
first two and was later dismissed by the State. We agree with the
defendant and remand for resentencing.

URL:http://www.tba.org/tba_files/TCCA/BRICEJE_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
RONNIE MICHAEL CAUTHERN

Court:TCCA

For the Appellant:              For the Appellee:

Hugh Reid Poland, Jr.           Charles W. Burson
408 Franklin Street             Attorney General and Reporter
Clarksville, TN 37040           450 James Robertson Pkwy.
                                Nashville, TN 37243-0493

Robert T. Bateman               John P. Cauley
221 South Third Street          Assistant Attorney General
Clarksville, TN 37040           450 James Robertson Pkwy.
                                Nashville, TN 37243-0493

                                Clayburn Peeples
                                District Attorney General
                                109 E. First Street
                                Trenton, TN 38382

                                John Carney
                                District Attorney General
                                204 Franklin Street, Suite 200
                                Clarksville, TN 37040

                                Steve Garrett
                                Assistant District Attorney General
                                204 Franklin Street, Suite 200
                                Clarksville, TN 37040                         

Judge: WELLES

First Paragraph:

The original trial of this case took place in Montgomery County. Judge
John H. Peay presided over the trial of the appellant and his
co-defendant, Brett Patterson, which resulted in two convictions for
felony murder, one conviction for first degree burglary, and one
conviction for aggravated rape for each defendant. The jury sentenced
the appellant to death. DEATH PENALTY AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/CAUTHERN_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JERRY KEITH IVEY

Court:TCCA

For the Appellant:              For the Appellee:

Walter B. Johnson               Charles W. Burson
Post Office Box 2642            Attorney General and Reporter
Knoxville, TN  37901    
                                Hunt S. Brown
                                Assistant Attorney General                          
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Randall E. Nichols
                                District Attorney General

                                John Gill
                                Asst. District Attorney General
                                City-County Building
                                Knoxville, TN 37902                         

Judge: HAYES

First Paragraph:

The appellant, Jerry Keith Ivey, pled guilty to one count of vehicular
homicide, a class C felony, in the Criminal Court of Knox County. 
Following a sentencing hearing, the trial court imposed a sentence of
five years in the Department of Correction.  On appeal, the appellant
contends that (1) the sentence imposed by the trial court is excessive
and that (2) he should have received probation or another alternative
to incarceration. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/IVEYJK_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs. 
JACKIE H. MARTIN

Court:TCCA

For the Appellant:              For the Appellee:

A. C. Wharton, Jr.              Charles W. Burson
District Public Defender        Attorney General and Reporter
    
Walker Gwinn                    Robin L. Harris
Asst. Public Defender           Assistant Attorney General
201 Poplar, Suite 2-01          Criminal Justice Division
Memphis, TN  38103              450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
:                               John W. Pierotti
                                District Attorney General

                                Ms. Edgar A. Peterson, IV
                                Asst. District Attorney General
                                Criminal Justice Complex
                                Third Floor, 201 Poplar
                                Memphis, TN                         

Judge: HAYES

First Paragraph:

The appellant, Jackie H. Martin, appeals the order entered by the
Criminal Court of Shelby County denying his petition for discharge
from involuntary commitment.  On appeal, the appellant presents two
issues for our review: (1) whether the evidence preponderates against
the trial court's finding that the appellant is not eligible for
mandatory outpatient treatment as an alternative to commitment; and
(2) whether the trial judge should have recused himself from this
case. REVERSED IN PART AND REMANDED.

Judge: SUMMERS

CONCURRING: The majority correctly concludes that the mere fact that
the trial judge formerly prosecuted the appellant did not summarily
disqualify him from hearing this case. A judge, however, shall avoid
even the appearance of impropriety.

URL:http://www.tba.org/tba_files/TCCA/MARTINJH_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/MARTINJH_CON.WP6

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