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.
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- 01-New Opinions From TCA
- 00-New Opinions From TCCA
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THE CITY OF TULLAHOMA, TENNESSEE, AND THE CITY OF SHELBYVILLE, TENNESSEE, ET AL. vs. BEDFORD COUNTY, TENNESSEE, AND KATHY K. PRATER, COUNTY CLERK, BEDFORD COUNTY, TENNESSEE WITH ORDER Court:TSC Attorneys: For Plaintiffs-Appellants: For Defendants-Appellees: William G. Colvin John T. Bobo Phillip E. Fleenor Diane M. Segroves Shumacker & Thompson, P.C. Bobo, Hunt & Bobo Chattanooga Shelbyville Stephen M. Worsham Robertson & Worsham, Gregory & Giffin Tullahoma James W. Dempster McMinnville Robert F. Hazard Copeland, Conley & Hazard Tullahoma Judge: REID First Paragraph: This is a suit for declaratory judgment, filed by the City of Tullahoma and the City of Shelbyville against Bedford County, in which the Court of Appeals affirmed the summary judgment by the trial court that a private act authorizing the Bedford County Commission to impose a tax on the privilege of disposing of solid waste at landfills in Bedford County does not violate the equal protection provisions of the Tennessee Constitution. This Court, upon finding that the private act is inconsistent with general laws which mandate a comprehensive plan for the control of solid waste in the state, is constrained to declare the private act invalid. COURT OF APPEALS REVERSED; SUMMARY JUDGMENT ENTERED FOR PLAINTIFFS. URL:http://www.tba.org/tba_files/TSC/BEDFORDC_OPN.WP6 URL:http://www.tba.org/tba_files/TSC/BEDFORDC_ORD.WP6 JANICE BRUCE vs. TECUMSEH PRODUCTS COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: David W. Hessing Robert T. Kenton III 117 East Wood Street 346 East main Street Paris, Tennessee 38242 Huntingdon, Tennessee 38344 Judge: Tatum First Paragraph: This is an appeal by the defendant/employer, Tecumseh Products Company, from a judgment in favor of the plaintiff/appellee, Janice Bruce, awarding workers' compensation benefits based on 45% permanent partial disability to the body as a whole. The judgment also held the defendant responsible for medical expenses incurred by plaintiff for the care and treatment provided by Dr. Terry O. Harrison and Dr. Ray W. Hester, physicians not selected by the defendant. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/BRUCEJAN_OPN.WP6 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 CLIFFORD J. KAPP vs. TRANSWAY, INC. Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Charles O. McPherson George L. Morrison Leitner, Warner, Moffitt Williams Jackson, Tennessee Dooley & Napolitan Memphis, Tennessee Judge: Loser First Paragraph: In this appeal, the employer contends the evidence preponderates against the trial court's finding that the employee suffered a permanent injury arising out of the employment. The panel has concluded the award of permanent disability benefits should be reversed. The employee or claimant, Kapp, was employed by the employer, Transway, on September 29, 1994 as a truck driver. On that day, the claimant and a co-worker were unloading a tub from a trailer when the co-worker dropped his end, causing the claimant to fall to the floor. URL:http://www.tba.org/tba_files/TSC_WCP/KAPPCJ_OPN.WP6 MARY A. MARSHALL vs. BLUE CROSS / BLUE SHIELD OF MEMPHIS and BLUE CROSS / BLUE SHIELD, IPA APPLE PLAN MEMPHIS, ALSO KNOWN AS SOUTHERN HEALTH PLAN, INC. Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellees: James V. Ball Robert D. Meyers Memphis, Tennessee Spicer, Flynn & Rudstrom Memphis, Tennessee Judge: Loser First Paragraph: In this appeal, the employee contends it was error to summarily dismiss her claim as being barred by Tenn. Code Ann. section 50-6-203, a statute of limitation. The panel has concluded the judgment should be reversed and the case remanded for trial of all issues raised by the pleadings. The action was commenced by the filing of a complaint and summons on February 24, 1995 seeking workers' compensation benefits for injuries and disabilities arising out of and in the course of the claimant's employment with the defendant, Blue Cross / Blue Shield of Memphis. In particular, the employee claims that she has become permanently disabled from the repetitive trauma of operating a key punch machine. URL:http://www.tba.org/tba_files/TSC_WCP/MARSHALM_OPN.WP6 JERRY T. MATHENY vs. INSURANCE COMPANY OF NORTH AMERICA Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: David Hardee Jack F. Marlow Hardee, Martin & Jaynes Marlow & Alrutz Jackson, Tennessee Memphis, Tennessee Judge: Loser First Paragraph: The issue in this appeal is whether the trial court erred in not enlarging an award, pursuant to Tenn. Code Ann. section 50-6-241(a)(2). The panel has concluded the judgment should be affirmed. The injury in question occurred on September 5, 1992 to the claimant's neck. The claimant was treated by a physician who assigned a permanent impairment rating of eight percent to the body. The claimant returned to work at a wage equal to or greater than the wage he was receiving at the time of the injury and was awarded permanent partial disability benefits on the basis of two and one-half times the impairment rating, or twenty percent to the body as a whole, paid in a lump sum. The award was made on March 22, 1994. URL:http://www.tba.org/tba_files/TSC_WCP/MATHENY_OPN.WP6 RHONDA MAY vs. GREAT CENTRAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: William F. Kendall Terry J. Leonard Robert B. Vandiver Hicks & Leonard Waldrop & Hall Camden, Tennessee Jackson, Tennessee Judge: Loser First Paragraph: In this appeal, the employer's insurer contends the award of permanent partial disability benefits based on forty percent to the body as a whole is excessive. The panel has concluded the judgment should be affirmed. The employee or claimant, May, is thirty years old and has a tenth grade education. She has no vocational training. She has worked in garment production and as a cashier and stocker for Save-A-Lot, the employer. URL:http://www.tba.org/tba_files/TSC_WCP/MAYR_OPN.WP6 VICKIE L. PARKS vs. BROTHER INDUSTRIES, USA, INC. Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: James F. Schaeffer, Jr. Betty Ann Milligan Memphis, Tennessee Angela Merideth Jones Memphis, Tennessee Judge: Loser First Paragraph: In this appeal, the injured employee or claimant, Parks, contends the evidence preponderates against the trial court's award of permanent partial disability benefits based on fifteen percent to the right arm for her repetitive trauma injury, and in favor of one based on seventy-five percent to the right arm. The panel has concluded that the judgment of the trial court should be affirmed. The claimant is forty-one years old and has a tenth grade education and a General Education Diploma. She gradually developed right carpal tunnel syndrome from repetitive use of her right hand and wrist in a typewriter production line. URL:http://www.tba.org/tba_files/TSC_WCP/PARKSVL_OPN.WP6 RICHARD D. ROBERTS vs. GOODYEAR TIRE AND RUBBER COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Randy N. Chism Lance E. Webb Elam & Glasgow Union City, Tennessee Union City, Tennessee Judge: Loser First Paragraph: The employer, Goodyear, contends the evidence preponderates against the trial court's findings that (1) the employee or claimant, Roberts, did not knowingly and willfully misrepresent his physical condition in an employment application, (2) the claimant suffered a compensable injury by accident and (3) the claimant retains a twenty percent permanent partial disability of twenty percent to the body as a whole. The panel has concluded the judgment should be affirmed. From 1970 until April, 1988, the claimant was employed by another employer, Carborundum, as an electrician. In April, 1988, Carborundum ceased its operations. The out-of-work claimant applied to Goodyear for a job and, in March of 1989, was called to Goodyear regarding available jobs in its production department. URL:http://www.tba.org/tba_files/TSC_WCP/ROBERTSR_OPN.WP6 RULE 31 - APPENDIX A STANDARDS OF PROFESSIONAL CONDUCT FOR RULE 31 MEDIATORS Court:TSC - Rules First Paragraph: Preamble (a) Scope; Purpose. These rules are intended to instill and promote public confidence in the Alternative Dispute Resolution process under Rule 31 and to be a guide to neutrals serving under Rule 31. As with other forms of dispute resolution, mediation must be built on public understanding and confidence. Persons serving as mediators are responsible to the parties, the public, and the courts to conduct themselves in a manner which will merit that confidence. These rules apply to all mediators who participate in court annexed mediation and are a guide to mediator conduct in discharging professional responsibilities in the mediation of court cases under Supreme Court Rule 31.> URL:http://www.tba.org/tba_files/TSC_Rules/RULE31_APP.WP6 STATE OF TENNESSEE vs. BOBBY BAKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. Thomas Caldwell Charles W. Burson Attorney at Law Attorney General & Reporter 114 Jefferson Street 500 Charlotte Avenue Ripley, TN 38063 Nashville, TN 37243-0497 Ellen H. Pollack Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Elizabeth T. Rice District Attorney General 302 Market Street Somerville, TN 38068 James Walter Freeland, Jr. Assistant District Attorney General 302 Market Street Somerville, TN 38068 Judge: JONES First Paragraph: The appellant, Bobby Baker, was convicted of aggravated rape, a Class A felony, and aggravated burglary, a Class C felony, by a jury of his peers. The trial court, finding that the appellant was a multiple offender in the aggravated rape case, imposed a Range II sentence consisting of confinement for thirty-five (35) years in the Department of Correction. The trial court further found that the appellant was a persistent offender in the aggravated burglary case and imposed a Range III sentence consisting of confinement for twelve (12) years in the Department of Correction. The sentences are to be served consecutively. The effective sentence imposed was confinement for forty-seven (47) years in the Department of Correction. The appellant presents eleven issues for review. After a thorough review of the record, the briefs of the parties, and the authorities which govern the issues raised by the appellant, it is the opinion of this Court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/BAKERBOB_OPN.WP6
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