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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 07-New Opinons From TSC-Workers Comp Panel
- 11-New Opinons From TCA
- 02-New Opinons From TCCA
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RICHARD CALDWELL vs. ACTIVATED METALS & CHEMICALS, INC., et al., Court:TSC - Workers Comp Panel For the Appellants: For the Appellee: Daryl R. Fansler Gregory F. Vines Fansler & Williams Butler, Vines & Babb P.O. Box 2644 800 First American Ctr. Knoxville, TN 37901 507 S. Gay St. P.O. Box 2649. Knoxville, TN 37901 Judge: BYERS First Paragraph: The trial court awarded plaintiff 35% permanent partial disability to the body as a whole. Defendant challenges the trial court's finding that plaintiff's impairment arose out of a work-related injury and the trial court's consideration of the testimony of the plaintiff's expert witness. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TSC_WCP/CALDWELR_OPN.WP6 TIMOTHY CRABTREE vs. APAC TENNESSEE, INC. Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Janet L. Hogan Perry H. Windle, III Hogan & Hogan 6322 Papermill Rd., Ste. C 620 W. Hill Ave. P.O. Box 51545. Knoxville, TN 37902 Knoxville, TN 37901 Judge: BYERS First Paragraph: The trial judge found the plaintiff had sustained an injury to his knee and back arising out of and in the course of his employment with the defendant. The trial court awarded the plaintiff 30% permanent partial disability to the leg as a result of the knee injury and 25% permanent partial disability to the body as a whole as a result of the back injury. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TSC_WCP/CRABTRET_OPN.WP6 WESLEY EDDINS, SR. vs. NORTH AMERICAN RAYON CORPORATION Court:TSC - Workers Comp Panel For the Appellants: For the Appellee: W. Shawn McDaniel Howell H. Sherrod, Jr. The Anderson Firm 249 East Main Street 415 Broad Street Johnson City, TN 37604-5707 P. O. Box Drawer 88 Kingsport, TN 37662-0088 Judge: THAYER First Paragraph: The employer, North American Rayon Corporation, has appealed from the trial court's award of permanent disability benefits to plaintiff, Wesley Eddins, Sr. The Chancellor fixed the award at 45% to the body as a whole. Two issues are presented on appeal. First, the employer contends the trial court was in error in allowing temporary total disability benefits. Second, it is argued plaintiff did not incur any permanent disability as a result of the alleged work-related injury. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/EDDINS_OPN.WP6 FIREMAN'S FUND INSURANCE COMPANY vs. TAYLOR BARTON MILLS Court:TSC - Workers Comp Panel For Appellant: For Appellee: Sherman Ames David N. Wedeking Gillenwater, Nichol & Ames Amy V. Hollars Knoxville, Tennessee Hodges, Doughty & Carson Knoxville, Tennessee Judge: LOSER First Paragraph: This workers' compensation appeal has been referred to 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 of findings of fact and conclusions of law. In this appeal, the employee contends the evidence preponderates against the trial court's finding that his injury was caused by intoxication. The panel concludes the judgment should be reversed. URL:http://www.tba.org/tba_files/TSC_WCP/MILLTB_WPD.WP6 JOHNNY OWNBY vs. NATIONAL AMERICAN INSURANCE COMPANY Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Rockforde D. King Robert L. Ogle, Jr. Egerton, McAfee, Armistead Ogle & Wallace, P.C. & Davis, P.C. 121 Court Ave. 500 First American Ctr. Sevierville, TN 37862 507 S. Gay St. Knoxville, TN 37901 Judge: BYERS First Paragraph: The trial court awarded plaintiff 48% permanent partial disability to the body as a whole at a compensation rate of $266.66 per week. Defendant challenges the amount of disability awarded, the compensation rate applied and certain discretionary costs awarded. AFFIRMED AS MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TSC_WCP/OWNBYJ_OPN.WP6 THERESA WEBB vs. THE QUAKER OATS COMPANY Court:TSC - Workers Comp Panel FOR APPELLANT: FOR APPELLEE: P. Allen Phillips Lewis L. Cobb 106 S. Liberty Street Elks Building P.O. Box 7261205 P. O. Box 2004 Jackson, Tennessee 38301 Jackson, Tennessee 38302 Judge: TATUM First Paragraph: In the first issue, the defendant/appellant, Quaker Oats Company, states that the trial court erred in awarding permanent partial disability benefits to the body as a whole rather than the scheduled members allegedly injured - the arms. As will hereinafter be shown, the injury in this case consisted of carpel tunnel syndrome to each of plaintiff-employee's arms. MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/WEBBT_OPN.WP6 PATRICIA D. WOODWARD vs. AMERICAN GENERAL LIFE & ACCIDENT INSURANCE COMPANY Court:TSC - Workers Comp Panel For Appellant: For Appellee: Donald F. Mason, Jr. Walter O. Waddey D. Bruce Shine Kingsport, Tennessee Shine & Mason Kingsport, Tennessee Judge: LOSER First Paragraph: In this appeal, the employee or claimant, Woodward, contends the evidence preponderates against the trial court's finding that her fibromyalgia was not causally related to her injury. The panel concludes the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/WOODVAME_OPN.WP6 ROBIN M. COLE vs. DONAL CAMPBELL DISSENTING OPINION Court:TCA ROBIN M. COLE, Pro Se W.T.H.S.F. Unit 6 Route 2, Green's Chapel Road Henning, Tennessee 38041-1050 CHARLES W. BURSON Attorney General & Reporter PATRICIA C. KUSSMANN Assistant Attorney General Civil Rights and Claims Division 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 ATTORNEYS FOR RESPONDENTS/APPELLEES Judge: LEWIS First Paragraph: Petitioner/appellant, Robin M. Cole, appealed from the judgment of the trial court granting the motion to dismiss of respondents/appellees, Donal Campbell, et al. The chancery court found that petitioner, a convicted felon, lacked standing to bring an action under section 10-7-503 of the Public Records Act. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/COLERM_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/COLERM_DIS.WP6 ALLEN D. CURTIS and CAROLYN JUNE CURTIS vs. WILLIAM M. RICE, and RICE & PAPUCHIS CONSTRUCTION COMPANY, INC. Court:TCA JERRY C. SHELTON Lyell, Seaman & Shelton 611 Commerce Street, Suite 2704 Nashville, Tennessee 37203 ATTORNEY FOR PLAINTIFF/APPELLANT CLINTON L. KELLY Kelly and Kelly 629 East Main Street Hendersonville, Tennessee 37075 ATTORNEY FOR INTERVENING PLAINTIFF/APPELLANT JAMES C. BRADSHAW, III Wyatt, Tarrant & Combs 313 East Main Street, Suite 1 Hendersonville, Tennessee 37075 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by plaintiffs/appellants, Allen D. Curtis and his wife, Carolyn June Curtis, from a decision of the chancery court which dissolved the partnership formed between Curtis and defendant/appellee, William M. Rice, and which distributed the partnership's assets. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CURTISAD2_OPN.WP6 JENNIE A. DEWEES VS. SEAN SWEENEY Court:TCA TERRY R. CLAYTON 176 2nd Avenue North, Suite 300 Nashville, Tennessee 37201 Attorney for Plaintiff/Appellant MICHAEL J. VETTER BREWER, KRAUSE, BROOKS & MILLS Suite 2600, The Tower 611 Commerce Street Nashville, Tennessee 37203 Judge: CANTRELL First Paragraph: In this slip and fall case brought by a tenant against her landlord, the trial court granted the landlord's motion for partial summary judgment, and directed entry of the judgment as a final order, pursuant to Rule 54.02, Tenn. R. Civ. P. The tenant failed to file a Notice of Appeal within thirty days of the entry of the final order, as is required by Rule 4(a), Tenn. R. App. P. DISMISSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DEWEESJ_OPN.WP6 William A. Hall and Beef Transport, Inc. vs. and Richard N. Hall and William A. Hall, derivatively on behalf of Tennessee Dressed Beef Co. vs. Richard N. Hall Court:TCA JEFFERY A. GREENE ALVIN L. HARRIS Greene & Greene P.O. Box 198768 323 Union Street Nashville, Tennessee 37219-8768 ATTORNEYS FOR PLAINTIFFS/APPELLANTS JOHN S. HICKS DARWIN A. HINDMAN III Baker, Donelson, Bearman & Caldwell A Professional Corporation 1700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by plaintiffs/appellants, William A. Hall and Beef Transport, Inc. ("BTI"), from an order of the chancery court granting summary judgment in favor of defendants/appellees, Richard A. Hall and Tennessee Dressed Beef Company ("TDBC"). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HALLWA_OPN.WP6 JERSEY MINIERE ZINC division of Union Zinc, Inc. VS. GENERAL STEEL CONTRACTORS, INC. Court:TCA DAN L. NOLAN 121 South Third Street Clarksville, TN 37040 ATTORNEY FOR PLAINTIFF/APPELLEE ROBERT ORR, JR. 210 Third Avenue North Nashville, TN 37219-0683 ATTORNEY FOR DEFENDANT/APPELLANT Judge: TODD First Paragraph: The defendant, General Steel Contractors, Inc., has appealed from a non-jury judgment in favor of the plaintiff, Jersey Miniere Zinc Inc., division of Union Zinc, Inc., in the amount of $164,096.18 for cost of repairs and consequential loss of profits from interruption of production by negligence of employees of defendant. The only issue on appeal is the amount of damages due plaintiff. MODIFIED, AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/JERSEYZ_OPN.WP6 JAMES DANIEL KISH vs. LISA MARIE (KISH) SALLAJ and MELVIN L. BESS, SR. Court:TCA RANDLE W. HILL, JR. Roehrig & Associates, P.C. Suite 112, 4343 Lebanon Road Hermitage, Tennessee 37076 ATTORNEY FOR JAMES DANIEL KISH STEPHEN CROFFORD MARY ANN REESE Cummins Station, Suite 511 Suite 2420 209 10th Avenue South Nashville City Center Nashville, Tennessee 37023 511 Union Street ATTORNEY FOR MELVIN L. BESS, SR. Nashville, Tennessee 37219 ATTORNEY FOR LISA SALLAJ PATRICIA MAYES SOPHIA CRAWFORD 227 Second Avenue North Suite 1800 Parkway Towers Nashville, Tennessee 37201 404 James Robertson Parkway ATTORNEY FOR JAMES KISH Nashville, Tennessee 37219 GUARDIAN AD LITEM Judge: LEWIS First Paragraph: This is an appeal by respondent/appellant, Lisa Marie (Kish) Sallaj, from a decision of the probate court which, in part, awarded custody of Mrs. Sallaj's daughter, Heather Marie Kish, to petitioner/appellee, James Daniel Kish. In addition, Mrs. Sallaj's father and intervening petitioner/appellant, Melvin L. Bess, appeals the trial court's decision with respect to his granddaughter. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/KISH_OPN.WP6 WANDA GARNETT MARKHAM vs. CITY OF JOHNSON CITY, d/b/a JOHNSON CITY TRANSIT Court:TCA HOWARD R. DUNBAR OF JOHNSON CITY FOR APPELLANT JOHN RAMBO OF JOHNSON CITY FOR APPELLEE Judge: GODDARD First Paragraph: This is a non-jury case wherein Wanda Garnett Markham appeals a judgment rendered in her favor against City of Johnson City, d/b/a Johnson City Transit, in the amount of $3000. AFFIRMED AS MODIFIED and REMANDED. URL:http://www.tba.org/tba_files/TCA/MARKHAM_OPN.WP6 ORLANDO RESIDENCE, LTD. VS. NASHVILLE LODGING COMPANY, NASHVILLE RESIDENCE CORP. and KENNETH E. NELSON METRIC PARTNERS GROWTH SUITE INVESTORS, L.P. Court:TCA BOULT, CUMMINGS, CONNERS & BERRY Eugene N. Bulso, Jr. #12005 1600 Nations Bank Building 414 Union Street, Box 198062 Nashville, TN 37219-8062 ATTORNEY FOR PLAINTIFF/APPELLEE BASS, BERRY & SIMS Samuel L. Felker, #9045 Joseph F. Welborn, III, #15076 2700 First American Center Nashville, TN 37238-2700 ATTORNEY FOR DEFENDANTS/APPELLANTS STEWART, ESTES & DONNELL Alan T. Fister, #10952 1400 Third National Financial Center 424 Church Street Nashville, TN 37219 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The captioned appellants have appealed from the judgment of the Trial Court invalidating a real estate conveyance as fraudulent, awarding plaintiff compensatory and punitive damages, and awarding the captioned cross claimant indemnity from appellants. REVERSED, VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ORLANDOR_OPN.WP6 MATTHEW SEFFERNICK VS. SAINT THOMAS HOSPITAL AND BARRY E. YARBROUGH, M.D. Court:TCA GILBERT & FAULKNER Roger L. Gilbert, #11499 Two Centre Square, Suite 625 625 Gay Street Knoxville, TN 37902 ATTORNEY FOR PLAINTIFF/APPELLANT GIDEON & WISEMAN C. J. Gideon, Jr., #6034 Suite 1900 NationsBank Plaza Nashville, TN 37219-1782 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The captioned plaintiff has appealed from a summary judgment dismissing his malpractice suit against the captioned defendants. Appellant presents the following issues: A. Whether the Trial Court correctly granted the defendants' motion to strike the testimony of Winston Hall Worthington, M.D. and motion for summary judgment. B. Whether the Trial Court correctly held that the testimony of Winston Hall Worthington fails to satisfy the legal requirements to prove causation. C. Whether the Trial Court correctly awarded discretionary costs to the defendants. REVERSED, VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SEFFERNI_OPN.WP6 BARBARA ANN SMITH VS. MARION HOWARD SMITH Court:TCA Jeffrey L. Hall, Jacksboro, Tennessee Attorney for Defendant/Appellant. J. Elaine Burke, Knoxville, Tennessee Attorney for Plaintiff/Appellee Judge: FARMER First Paragraph: Defendant-Appellant, Marion Howard Smith ("Father"), appeals the trial court's order finding the Father guilty of two counts of criminal contempt and suspending the Father's visitation privileges with the parties' minor child. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/SMITHB_OPN.WP6 DAVID TROGDON VS. CHARLES TRAUGHBER, Chairman, Tenn. Board of Parolees Court:TCA DAVID TROGDON #222090 Turney Center 4A46 Route 1 Only, TN 37140-9709 PRO SE/ FOR PLAINTIFF/APPELLANT PATRICIA C. KUSSMANN #15506 Assistant Attorney General Suite 2000 Parkway Towers 404 James Robertson Parkway Nashville, TN 37243-0488 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The captioned plaintiff has appealed from the dismissal of his "complaint for Violation of the Public Meeting Act, T.C.A. 8-44-101 et seq." for failure to state a claim for which relief can be granted. The appellant presents for review the following issue: Whether the Tennessee Board of Paroles, a state administrative agency, is required to convene a public meeting as prescribed by Tenn. Code Ann. S 8-44-101 et seq. when its members deliberate toward a decision to grant or deny parole release. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/TROGDOND_OPN.WP6 STATE OF TENNESSEE VS. JANICE HANSBROUGH-EASON Court:TCCA For Appellant: For Appellee: A. C. Wharton, Jr. Charles W. Burson Attorney at Law Attorney General & Reporter 147 Jefferson Avenue Suite 1205 Ellen H. Pollack Memphis, TN 38103 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0485 Patience Branham Assistant District Attorney General Shelby County District Attorney General's Office 201 Poplar Avenue - Third Floor Memphis, TN 38103 Judge: WADE First Paragraph: The defendant, Janice Hansbrough-Eason, was convicted of voluntary manslaughter. The trial court imposed a three-year, Range I sentence and ordered the sentence suspended after one year at the Shelby County Correctional Center. In this appeal of right, the defendant claims the trial court erred. We find no reversible error and affirm the judgment. URL:http://www.tba.org/tba_files/TCCA/EASONJH_OPN.WP6 MICHAEL A. EDWARDS vs. STATE OF TENNESSEE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Michael A. Edwards, Pro Se Charles W. Burson Cold Creek Correctional Facility Attorney General & Reporter P.O. Box 1000 500 Charlotte Avenue Henning, TN 38041 Nashville, TN 37243-0497 Ellen H. Pollack Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 John W. Campbell Asst District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: JONES First Paragraph: The appellant, Michael A. Edwards, appeals as of right from a judgment of the trial court summarily dismissing his suit for post-conviction relief. The trial court found the suit was barred by the statute of limitations. In this Court, the appellant contends his suit was not barred by the statute of limitations, the issues had not been previously determined, and he presents several issues addressing the merits of the issues raised in the trial court. After a thorough review of the record, the briefs submitted by the parties, and the authorities governing the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/EDWARDSM_OPN.WP6
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