TBALink Opinion-Flash

January 24, 1997 -- Volume #3 -- Number #009

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

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George Dean
TBALink Chief Editor


JANET CARTER
vs. 
PHOENIX RESTAURANT GROUP OF TENNESSEE, INC., d/b/a/ WENDY'S 
and AETNA CASUALTY AND SURETY COMPANY

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:
James H. Hickman, III           J. Eddie Lauderback
P. O. Box 259                   C. T. Herndon, III
Knoxville, TN 37901-0259        104 E. Main Street
                                P. O. Box 1160
                                Johnson City, TN 37605-1160
                          
Judge: INMAN

First Paragraph:

The plaintiff was seriously injured in a traffic crash on September
11, 1991.  She settled her tort claim and proceeded to trial of this
workers' compensation case which resulted in a finding that the
'special errand' exception was applicable and that as a result of the
accident and injuries she was 60 percent partially, permanently
disabled and thus entitled to $183.34 per week during 240 weeks,
temporary total benefits during 156 weeks, and medical expenses of
$83,245.91.  In accordance with Tenn. Code Ann. S50-6-112(c), the
defendant was credited with $100,000.00, the amount of the tort
settlement, which the plaintiff insists was only partially subrogable.
AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/carterj_opn.WP6
Opinion-Flash

RICHARD A CRUMLEY and MERRY MICHELLE CRUMLEY
vs.
CITY OF SMYRNA, TENNNESSEE and MICHAEL W. TEASLEY

Court:TCA

Attorneys:  

For the Plaintiffs/Appellants:      For the Defendant/Appellee:
Thomas F. Bloom                     Thomas I. Carlton, Jr.
Nashville, Tennesse                 Dana D. Ballinger 
                                    Nashville, Tennessee 
                        

Judge: LILLARD

First Paragraph:

This action arises under the Governmental Tort Liability Act.  While a
police officer, Glenn Todd Spearman, was questioning several boys
about the possible theft of stereo equipment from automobiles, one of
the boys, defendant Michael Teasley, stole the officer's police
cruiser.  In a fellow officer's vehicle, Officer Spearman followed the
stolen police cruiser at speeds in excess of the legal speed limit
until the stolen vehicle collided with the vehicle driven by the
plaintiff Richard A. Crumley and in which his wife, Merry Michele
Crumley, was a passenger.  Mrs. Crumley sustained serious injuries in
the accident.  The Crumleys sought damages against defendant Teasley
and the City of Smyrna, alleging that Officer Spearman negligently
failed to safeguard his police cruiser and that he negligently pursued
the vehicle after it was stolen. After a bench trial, the trial court
ruled in favor of the City of Smyrna and against defendant Teasley. 
The Crumleys now appeal the trial court's decision in favor of the
City of Smyrna.  We affirm.

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

BERT EGGLESTON
vs.
DONAL CAMPBELL

Court:TCA

Attorneys: 

BERT EGGLESTON, Pro Se
N.W.C.C.
Route 1, Box 660
Tiptonville, Tennessee 38079

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 RESPONDENT/APPELLEE                         

Judge: LEWIS

First Paragraph:

This is an appeal by petitioner/appellant, Bert Eggleston, from the
judgment of the chancery court dismissing his petition for a
declaratory judgment that respondent/appellee, the Commissioner of the
Tennessee Department of Corrections ("the Commissioner"),  violated
petitioner's rights by removing his safety valve parole eligibility
date. AFFIRMED AND REMANDED.

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

JERRY THOMAS RICKS
vs.
TENNESSEE DEPARTMENT OF
CORRECTION

Court:TCA

Attorneys:

Jerry Thomas Ricks, Pro Se

Charles W. Burson, Attorney General and Reporter
Patricia C. Kussman, Assistant Attorney General
For Appellee                         

Judge: CRAWFORD

First Paragraph:

This is an appeal by petitioner, Jerry Thomas Ricks, from the trial
court's order dismissing his petition for declaratory judgment.  On
November 3, 1995, petitioner filed a complaint for declaratory
judgment alleging that he had filed a petition for declaratory order
with the Tennessee Department of Correction on August 28, 1995, and
that no response had been made by the Department.  He alleges that the
Department failed to calculate his sentence expiration date correctly,
and that he has not received credit for the years served nor for the
years he was on parole from March 1983, to February 1992.  Petitioner
seeks a judgment that correctly calculates his sentence. REVERSED AND
REMANDED.

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

E. SHARON SANFORD
vs.
METROPOLITAN GOVERNMENT OF NASHVILLE and DAVIDSON COUNTY; CORY
McCLELLAN individually, and in his official capacity; and CHARLES
STEVENS, individually, and in his official capacity

Court:TCA

Attorneys: 

RICHARD W. MATTSON
Levine, Mattson, Orr & Geracioti
210 Third Avenue, North
P. O. Box 190683
Nashville, Tennessee 37219-0683

CINDY L. PORTER
5519 Hill Court
Nashville, Tennessee 37220
    ATTORNEYS FOR PLAINTIFF/APPELLANT

JAMES L. CHARLES
Associate Metropolitan Attorney
Metropolitan Department of Law
204 Metropolitan Courthouse
Nashville, Tennessee 37201

E. JOSEPH FITZPATRICK, JR.
Suite 2828 Renaissance Tower
611 Commerce Street
Nashville, Tennessee 37203
    ATTORNEYS FOR DEFENDANTS/APPELLEES                         

Judge: LEWIS

First Paragraph:

Plaintiff/appellant, E. Sharon Sanford, appeals numerous decisions
made by the Circuit Court for Davidson County.  During the
proceedings, the court dismissed two defendants, dismissed Mrs.
Sanders' constitutional deprivation claim, and ordered
defendant/appellee, the Metropolitan Government of Nashville and
Davidson County ("Metro"), to pay twenty percent of Mrs. Sanders'
discretionary costs.  In its final judgment, the court allocated the
fault between the parties.  Mrs. Sander's contends that the court
erred in making each of these decisions. AFFIRMED IN PART, REVERSED IN
PART, AND REMANDED.

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

EARL DAVID STINSON
vs.
RANDY CARPENTER and JAMES A. EALY, Executor 
for the estate of WILLIAM L. PEARSON

Court:TCA

Attorneys: 

For the Plaintiff/Appellee:         For the Defendants/Appellants:
Mary Sullivan Warwick               Larry Kirk Tolbert
BREWER, KRAUSE, BROOKS & MILLS      Murfreesboro, Tennessee
Nashville, Tennessee
                                    C. Tracey Parks
                                    Gallatin, Tennessee                         

Judge: KOCH

First Paragraph:

This appeal involves a collision between a truck and an American
bison.  The truck's owner filed suit in the Circuit Court for Wilson
County for the damages to his truck and for lost wages.  The trial
court heard the evidence without a jury and awarded the truck owner a
$16,300 judgment against the estate of the person found to be the
bison's owner.  The estate asserts on this appeal that the evidence
does not support the trial court's conclusions with regard to either
the bison's ownership or the decedent's negligence.  We have
determined that the evidence fully supports the trial court's decision
and, therefore, affirm the judgment.

URL:http://www.tba.org/tba_files/TCA/stinsone_opn.WP6

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