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
- 01-New Opinons From TSC-Workers Comp Panel
- 07-New Opinons From TCA
- 00-New Opinons From TCCA
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TBALink Chief Editor
NATHAN WAYNE SMITH vs. MAREMONT CORPORATION Court:TSC - Workers Comp Panel Judge:Gayden First Paragraph: The Plaintiff filed this lawsuit alleging that he has suffered permanent partial disability as a result of an accident in the course and scope of his employment with the Defendant. The matter was heard by the trial court on May 10,1993. The court awarded plaintiff 25% permanent partial impairment to the body as a whole. The trial court also awarded benefits paid in a lump sum. URL:http://www.tba.org/tba_files/TSC_WCP/smithnw_opn.WP6 JAMES DILLARD and wife, THELMA DILLARD vs. THE VANDERBILT UNIVERSITY and CENTRAL PARKING SYSTEM, INC. Court:TCA Attorneys: For Plaintiffs/Appellants: For Defendants/Appellees: Anthony E. Hagan Joseph F. Welborn, III Lebanon, Tennessee Bass, Berry & Sims Nashville, Tennessee Judge:KOCH First Paragraph: This appeal concerns a woman who was injured when she tripped over a brightly painted concrete tire stop in a hospital parking garage. The woman and her husband filed a negligence action in the Circuit Court for Davidson County against the owner and operator of the parking garage. The trial court granted the defendants' motion for summary judgment, and the plaintiffs have appealed. We affirm the summary judgment because the defendants did not have a duty to protect patrons from the tire stop. URL:http://www.tba.org/tba_files/TCA/dillardj_opn.WP6 WILLIAM H. HORTON vs. DENNIS HUGHES Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee: William H. Horton Gregory D. Smith Pro Se Clarksville, Tennessee Judge:KOCH First Paragraph: This is the second appeal involving a prisoner's malpractice claim against the lawyer who represented him in a criminal proceeding that led to his conviction for possession of cocaine with intent to sell. Following his incarceration, the prisoner filed suit against his former lawyer in the Circuit Court for Davidson County. The trial court dismissed the complaint on statute of limitations grounds, but this court reinstated one claim because it could have occurred within the limitations period. On remand, the trial court granted the lawyer's motion for summary judgment because of the prisoner's inability to present admissible expert proof that the lawyer had deviated from the applicable standard of professional care. We affirm the summary judgment. URL:http://www.tba.org/tba_files/TCA/hortonwh_opn.WP6 GORDON MCGEE vs. CARL PIPPIN and wife, HELEN PIPPIN, DAVID ATKINS, HARDAWAY CONSTRUCTION COMPANY, and C & G WHOLESALE LUMBER & SUPPLY, INC. Court:TCA Attorneys: W. H. Stephenson, II 346 21st Avenue North Nashville, TN 37203 ATTORNEY FOR PLAINTIFF/APPELLEE Quentin Scott Horton 201 West Main Street McMinnville, TN 37110 ATTORNEY FOR DEFENDANTS/APPELLANTS Judge:TODD First Paragraph: This is a suit by a stockholder of an insolvent corporation, against another stockholder, his wife and an employee, seeking judgment against them for dissipation of assets of the corporation, recovery of money due from debtors of the corporation and liquidation of the corporation for the benefit of creditors. Although not designated such in the complaint, the suit appears to be a suit for a receivership. Matter of Liquidation of United American Bank in Knoxville. Tenn. 1987, 743 S.W.2d 911. URL:http://www.tba.org/tba_files/TCA/mcgeego_opn.WP6 SAM OOLIE, HAROLD OOLIE, and FRANCES CHAFITZ vs. TAMANNA QURESHI and HALIMA QURESHI Court:TCA Attorneys: ROBERT N. SKINNER, JR., Nashville and SPILLER CAMPBELL, JR., Nashville, Attorneys for Plaintiffs. MICHAEL H. JOHNSON, Gracey, Ruth, Howard, Tate & Sowell, Nashville, Attorney for Defendants. Judge:TOMLIN First Paragraph: Sam Oolie and his two siblings (by name or "plaintiffs") filed suit in the Circuit Court of Davidson County against Tamanna Qureshi and her mother (by name or "defendants") for personal injuries and property damage arising out of an automobile accident at an intersection in Nashville. On motion at trial, at the close of plaintiff's proof, the trial court dismissed the suit against defendant Halima Qureshi, the owner of the vehicle, for lack of proof. At the conclusion of the trial, the jury returned a verdict finding the defendant not guilty of any negligence. Plaintiffs' suit was accordingly dismissed. Plaintiffs have raised the following issues on appeal: (1) that the trial court erred in its jury instructions as to comparative fault, (2) that there is no material evidence to support the verdict, and (3) that counsel for the defendants improperly inflamed the jury, their passions and prejudices, by his closing argument. Further, at oral argument this court granted plaintiffs' motion to file a supplemental brief (to which a response has been filed) as to a fourth issue, namely, the alleged prejudicial effect of a note written by the trial judge to the jury in response to the jury's request for a document not offered in evidence. For the reasons hereinafter stated, we affirm the trial court. URL:http://www.tba.org/tba_files/TCA/ooliesam_opn.WP6 RITA SIMS vs. MARGARET CULPEPPER, Tennessee Department of Employment Security; and SUPERIOR HOME HEALTH CARE OF MIDDLE TENNESSEE, INC., a Tennessee corporation Court:TCA Attorneys: For Plaintiff/Appellee: For Defendant/Appellant: Tom W. Moore, Jr. J. Scott McDearman Moore & Peden Grant, Konvalinka & Harrison Columbia, Tennessee Chattanooga, Tennessee Judge:KOCH First Paragraph: This appeal involves a request for unemployment compensation benefits. An employee of a home healthcare agency filed for unemployment compensation benefits after she resigned from her job because she was not "comfortable" completing required interim audits of the patients' care. She filed suit in the Chancery Court for Maury County after the Department of Employment Security Board of Review denied her claim on the ground that she had voluntarily quit her job without good cause. The trial court found that the employee had left her employment for good cause and, accordingly, reversed the Board. We have determined that the record contains substantial and material evidence supporting the Board's decision and, therefore, reverse the trial court and affirm the Board's decision. URL:http://www.tba.org/tba_files/TCA/simsr_opn.WP6 VICKIE DIANNE TUTTLE vs. ROBERT EDWARD TUTTLE Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: No Appearance Robert E. Tuttle, Pro Se Judge:KOCH First Paragraph: This appeal involves a divorce in which the husband has been incarcerated throughout the marriage. After approximately four years of marriage, both the wife and the husband filed suit for divorce in the Circuit Court for Coffee County. Following a bench trial attended only by the wife, the trial court granted the wife a divorce on the grounds that the husband was incarcerated and that his conviction had rendered him infamous. On this appeal, the husband asserts that the trial court should not have granted the wife a divorce because she did not properly verify her complaint and asserts that he did not receive property that was rightfully his. We have determined that the judgment should be affirmed and that the case should be remanded for consideration of the husband's property claims. URL:http://www.tba.org/tba_files/TCA/tuttlevd_opn.WP6 VICKIE DIANNE TUTTLE vs. ROBERT EDWARD TUTTLE Court:TCA Judge:TODD First Paragraph: This appeal involves a contested divorce proceeding in which one of the litigants is an incarcerated felon. We filed our opinion affirming the trial court on October 10, 1997 based only on our consideration of the record and the husband's brief because the wife did not file a brief and made no other appearance of any sort on this appeal. URL:http://www.tba.org/tba_files/TCA/tuttlevd_ord.WP6
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