TBALink Opinion-Flash

January 9, 1997 -- Volume #3 -- Number #005

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 Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
12-New Opinions From TCA
01-New Opinions From TCCA

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George Dean
TBALink Chief Editor


DAVID L. ADAMS
vs.
NANCY W. ADAMS

Court:TCA

Attorneys:

GLENN COX
P. O. Box 1121
Columbia, Tennessee 38402-1121
    ATTORNEY FOR PLAINTIFF/APPELLEE

R. E. LEE DAVIES
Hartzog, Silva & Davies
123 Fifth Avenue North
P. O. Box 664
Franklin, Tennessee 37065-0664
    ATTORNEY FOR DEFENDANT/APPELLANT                          

Judge: LEWIS

First Paragraph:

This is an appeal by defendant/appellant, Nancy W. Adams ("Wife"),
from a judgment of the chancery court granting Wife and
plaintiff/appellee, David L. Adams ("Husband"), a divorce.  Wife
claims that the trial court erred in calculating the amount of child
support and the amount of rehabilitative alimony and attorney's fees
awarded to Wife. AFFIRMED AND REMANDED.

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

JOEL THOMAS CATLETT, JR.
vs.
MARJEAN GE'NELL PERRYMAN CATLETT

Court:TCA

Attorneys: 

PAUL T. HOUSCH
211 Third Avenue, North
P. O. Box 198288
Nashville, Tennessee 37219-8288
    Attorney for Plaintiff/Appellant

VIRGINIA LEE STORY
136 4th Avenue, South
P. O. Box 1608
Franklin, Tennessee 37065
    Attorney for Defendant/Appellee                         

Judge: CANTRELL

First Paragraph:

The trial court granted the parties a divorce, and ordered the husband
to pay the wife alimony in futuro.  The parties were also granted
joint custody of the teenage children, with the husband to have
primary physical custody.  On appeal, the husband challenges the
nature and amount of the alimony award, and the trial court's failure
to order the wife to pay child support.  We remand this case to enable
the trial court to make the findings of fact in regard to child
support that are required by Tenn. Code Ann. S 36-5-101(e)(1).  In all
other respects we affirm the trial court.

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

MARY HELEN PEARSON JOHNSON
vs.
LUTHER WILLIAM JOHNSON

Court:TCA

Attorneys:   

Mitchell G. Tollison,
HAWKS & TOLLISON, Humboldt, Tennessee
Attorney for Petitioner/Appellant.

Sam J. Watridge, Humboldt, Tennessee
Attorney for Respondent/Appellee.                       

Judge: FARMER

First Paragraph:

Appellant, Luther William Johnson, appeals from the judgment of the
trial court denying his motion to set aside a consent order of
paternity and support.  The minor child in question, Andreyous Luther,
was born on January 23, 1991 to the Appellee, Mary Helen Pearson
Johnson (Mother).  For reasons herein articulated, we reverse the
judgment of the trial court and remand.

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

CHARLES G. KEY
vs.
EDWIN B. RASKIN COMPANY

Court:TCA

Attorneys:

Mitchell G. Tollison,
HAWKS & TOLLISON, Humboldt, Tennessee
Attorney for Petitioner/Appellant.

Sam J. Watridge, Humboldt, Tennessee
Attorney for Respondent/Appellee.                         

Judge: LEWIS

First Paragraph:

The appellant has filed a Petition to Rehear which we have considered
and decline to grant.  It is, therefore, ordered that the Petition to
Rehear is overruled at the cost of the appellant.

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

J. CLARICE KNIGHT and CAROLYN K. BRANTLY, Administratrices ad litem
for the Estate of Alta M. Knight, deceased, and SHERRY GARLAND 
vs.
HOSPITAL CORPORATION OF AMERICA a/k/a CENTENNIAL MEDICAL CENTER;
HOSPITAL CORPORATION OF AMERICA; HOSPITAL CORPORATION OF AMERICA
a/k/a WESTSIDE HOSPITAL and JANE/JOHN DOE NURSES

Court:TCA

Attorneys:

For the Plaintiffs/Appellants:          For the Defendants/Appellees:
Shelley I. Stiles                       C.J. Gideon, Jr.
Brentwood, Tennessee                    Nashville, Tennessee
                          
Judge: KOCH

First Paragraph:

The medical malpractice and outrageous conduct claims involved in this
appeal stem from the hospitalization of an elderly patient for total
hip replacement surgery.  The patient, her two sisters, and her
caretaker sued the hospital and its nursing staff in the Circuit Court
for Davidson County alleging that their lack of appropriate care
caused the patient to enter a vegetative state and caused severe
emotional stress to the patient's sisters and caretaker.  The trial
court granted the hospital's motion for summary judgment.  We affirm
the trial court.

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

DISSENTING OPINION

JABARI ISSA MANDELA
vs.
DONAL CAMPBELL, Commissioner of the Tennessee
Department of Correction

Court:TCA

Attorneys: 

For the Plaintiffs/Appellants:      For the Defendants/Appellees:
Shelley I. Stiles                   C.J. Gideon, Jr.
Brentwood, Tennessee                Nashville, Tennessee
                         
Judge: KOCH

First Paragraph:

Other panels of this court have held on two prior occasions that the
Department of Correction's policies affecting the custody and control
of inmates need not be promulgated as rules under the Uniform
Administrative Procedures Act.  I respectfully disagree because these
policies are not merely statements concerning the internal management
of state government that do not affect the private rights, privileges
or procedures available to the public.

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

CHARLES G. MILLER, IV and wife, BRENDA MILLER
vs.
DANA R. MABE and SHANE GANT a/k/a SHANE COOPER  
and THE GLENS FALLS INSURANCE COMPANY

Court:TCA

Attorneys:

For the Plaintiffs/Appellants:  For the Unnamed Defendant/Appellee:
Donald G. Dickerson             Daniel H. Rader, III
Cookeville, Tennessee           Cookeville, Tennessee 
                          

Judge: LILLARD

First Paragraph:

This case involves the interpretation of an insurance policy.  After
being struck by a vehicle driven by defendant Dana R. Mabe ("Mabe"),
plaintiff Charles G. Miller ("Miller") filed this personal injury
lawsuit against Mabe and defendant The Glens Falls Insurance Company
("Glens Falls").  The trial court granted Glens Falls' motion for
summary judgment, holding that Miller was not covered by the uninsured
motorist provision of the Glens Falls policy because he was not
"occupying" the insured vehicle at the time he was injured.  Miller
appealed the trial court's decision.  We affirm.

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

JAMES T. MORRIS
vs
THE BOARD OF EDUCATION OF THE
METROPOLITAN NASHVILLE PUBLIC SCHOOLS

WITH DISSENTING OPINION

Court:TCA

Attorneys: 

CHARLES HAMPTON WHITE
RICHARD L. COLBERT
Cornelius & Collins
Suite 2700
Nashville City Center
511 Union Street
P. O. Box 190695
Nashville, Tennessee  37219
    ATTORNEYS FOR PLAINTIFF/APPELLEE

JAMES L. MURPHY, III
JUDY J. SHELL
204 Metropolitan Courthouse
Nashville, Tennessee  37201
    ATTORNEYS FOR DEFENDANT/APPELLANT                         

Judge: LEWIS

First Paragraph:

Defendant/appellant, the Board of Education of the Metropolitan
Nashville Public Schools ("Board"), appeals from the judgment of the
Chancery Court for Davidson County which held that the Board could not
use an Administrative Law Judge ("ALJ") to conduct a hearing on
whether to dismiss plaintiff/appellee, James Morris, a non-tenured
teacher in the Metro school system. AFFIRMED AND REMANDED.

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

MATTHEW SEFFERNICK
vs.
SAINT THOMAS HOSPITAL AND BARRY E. YARBROUGH, M.D

Court:TCA                         

Judge:TODD

First Paragraph:

In accordance with the opinion of the Court filed herein, the petition
to rehear filed by the appellees is denied at the cost of appellees.

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

JOANNE SHERRELL, et vir. JAMES SHERRELL
vs.
FOOD LION, INC.

Court:TCA

Attorneys: 

ROGER J. BEAN
CLIFTON N. MILLER
HENRY, McCORD, BEAN & MILLER, P.L.L.C.
300 North Jackson Street
Post Office Box 538
Tullahoma, Tennessee 37388
    Attorneys for Plaintiffs/Appellees

RICHARD D. MOORE
LEVINE, MATTSON, ORR & GERACIOTI
210 Third Avenue North
P. O. Box 190683
Nashville, Tennessee 37219-0683
    Attorney for Defendant/Appellant                         

Judge: CANTRELL

First Paragraph:

The only issue in this slip-and-fall case is whether there is any
material evidence to support the jury's finding of no fault on the
part of the plaintiff.  We affirm the judgment of the lower court.

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

GEORGE MICHAEL SIMMONS, b/n/f
GEORGE KENNETH SIMMONS, GEORGE KENNETH SIMMONS, 
Individually, and GEORGE KENNETH SIMMONS as ADMINISTRATOR 
of the ESTATE OF BESS MAI BESSON
vs.
BILLY ANGLIN, STEVE ANGLIN, JOHN ANGLIN, and DOTTIE 
McCLEAREN, Individually and d/b/a
Dottie's Trailer Park, a/k/a Riverview Mobile Home Park

Court:TCA

Attorneys:                          

CLIFFORD K. McGOWN, JR.
P. O. Box 26
Waverly, Tennessee
    Attorney for Plaintiffs/Appellants

N. HOUSTON PARKS
P. O. Box 1004
Columbia, Tennessee 38402

JOHN S. COLLEY
P. O. Box 1476
Columbia, Tennessee 38402
    Attorneys for Defendant/Appellee Dottie McClearen

Judge: CANTRELL

First Paragraph:

The Circuit Court of Hickman County granted the owner of a trailer
park summary judgment on claims for personal injuries and wrongful
death based on a breach of the lease and an oral warranty.  We affirm.

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

WILLIE WEST
vs.
TENNESSEE BOARD OF PAROLES

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendant/Appellee:
Willie E. West, Pro Se              Patricia C. Kussmann
                                    Assistant Attorney General                          

Judge: KOCH

First Paragraph:

This appeal involves an inmate's attempt to obtain judicial review of
the parole board's decision to deny him parole.  The Chancery Court
for Davidson County dismissed the inmate's petition for common-law
writ of certiorari because it was not filed within the time required
by Tenn. Code Ann. S 27-9-102 (1980).  The inmate asserts on this
appeal that he filed his petition within the required time after he
received notice of the board's decision to deny him parole.  We affirm
the judgment because the inmate's underlying request that the parole
board review its decision was not timely filed.

URL:http://www.tba.org/tba_files/TCA/WESTWILL_OPN.WP6
Opinion-Flash
 
STATE OF TENNESSEE
vs.
JAMES H. JONES

Court:TCCA

Attorneys:  

For the Appellant:              For the Appellee:

A.C. Wharton                    Charles W. Burson
Shelby County Public Defender   Attorney General and Reporter

Walker Gwinn    
Asst. Public Defender           Janis L. Turner
201 Poplar, Suite 2-01          Assistant Attorney General  
Memphis, TN 38103               Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                John W. Pierotti
                                District Attorney General

                                J. Robert Carter
                                Asst. District Attorney General
                                201 Poplar Avenue
                                Memphis, TN  38103                        

Judge: Hayes

First Paragraph:

The appellant, James H. Jones, appeals the Shelby County Criminal
Court's denial of an alternative sentence.  On May 8, 1995, the
appellant pled guilty to four counts of aggravated burglary, a class C
felony.  The negotiated plea agreement provided for a sentence
recommendation of twelve years for each count, as a Range III
persistent offender, to be served concurrently.  The manner of service
of the sentence was submitted for the trial court's determination.  On
May 30, 1995, the trial court ordered that the sentences imposed be
served in the Department of Correction.  On appeal, the appellant
contends that the trial court erred in not sentencing him under the
Community Corrections Act.  After a review of the record, we affirm
the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/JONESJH_OPN.WP6

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