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
- 03-New Opinons From TSC-Workers Comp Panel
- 07-New Opinons From TCA
- 00-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
LUCY B. ANDERSON, INDIV. & AS ADMIN. OF THE ESTATE OF BILLY JOE ANDERSON, DECEASED vs. LENZING U.S.A. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Phillip L. Boyd Donald B. Oakley P.O. Box 298 P.O. Box 1853 Rogersville, Tenn. 37857 Morristown, Tenn. 37816 Edward R. Sempkowski 425 North Jackson St. Morristown, Tenn. 37814 Judge:THAYER First Paragraph: The appeal has been perfected by Lucy Anderson, widow and administratrix of the Estate of Billy Joe Anderson, deceased, from a ruling by the trial court that her claim for death benefits was not compensable as she failed to establish her husband's death was caused by his work activities. URL:http://www.tba.org/tba_files/TSC_WCP/anderson_wc.WP6 MARTHA SHUPE vs. INSURANCE COMPANY OF PENNSYLVANIA Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Nan R. Jenne Thomas D. Dossett Timothy W. Conner 134 W. Center Street 507 S. Gay Street Kingsport, Tn. 37660 1130 First American Center Knoxville, Tn. 37902 Judge:THAYER First Paragraph: The appeal was perfected by the employer, Insurance Company of Pennsylvania, from a decision of the trial court awarding the employee, Martha Jane Shupe, 90% permanent partial disability to the body as a whole. URL:http://www.tba.org/tba_files/TSC_WCP/shupe_wc.WP6 JOEY SWEAT vs. SUPERIOR INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Steven H. Trent Howell H. Sherrod, Jr. BAKER, DONELSON, SHERROD, STANLEY, BEARMAN & CALDWELL LINCOLN & GOLDSTEIN 207 Mockingbird Lane 249 East Main Street P. O. Box 3038 Johnson City, Tennessee 37604-5707 Johnson City, Tennessee 37602 Judge:INMAN First Paragraph: This is a psoriatic arthritis case, an on-going debilitating condition, which pre-existed the plaintiff's employment. He alleges that he was asymptomatic prior to his employment by the defendant and that the nature of his job triggered his symptoms and worsened the underlying disease. The defendant says that only the symptoms, i.e., pain and swelling, were exacerbated by employment (as any physical activity would do) but that the disease per se was not worsened. URL:http://www.tba.org/tba_files/TSC_WCP/sweat_wc3.WP6 RUSSELL KEITH BERRY vs. BRIAN LEE BERRY and PAULA FAYE BERRY Court:TCA Attorneys: RUSSELL KEITH BERRY, pro se Appellant. HOWELL H. SHERROD, JR., Sherrod, Stanley, Lincoln & Goldstein, Johnson City, for Appellees. Judge:McMurray First Paragraph: Plaintiff, Russell Keith Berry, brought this action on behalf of himself and his grandmother. He alleged that his grandmother, Lorena Beryl Berry, is mentally incompetent and physically ill and that the defendants, his brother and sister-in-law, gained unfair advantage of her incompetency by fraudulently taking control of all her worldly possessions. The plaintiff also alleged the defendants converted his personal property while he was incarcerated. Defendants moved for summary judgment. The motion was granted and the complaint dismissed. This appeal resulted. We find there are genuine issues of material fact and reverse the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/berryrk_opn.WP6 LAWRENCE DIXSON and wife, MARY DIXSON vs. ATLANTIC SOFT DRINK COMPANY, also d/b/a Pepsi Cola Company Court:TCA Attorneys: SHERMAN AMES, III, Gillenwater, Nichol & Ames, Knoxville, for Appellants. EDWARD U. BABB, Butler, Vines & Babb, PLLC, Knoxville, for Appellee. Judge:McMurray First Paragraph: At approximately 1:00 on Christmas morning of 1995, a pickup truck which had been stolen from the defendant Atlantic Soft Drink Company's business compound, crashed into the plaintiffs' residence, allegedly causing property damage and personal injury to the plaintiffs. Plaintiffs, in their complaint asserted that the defendant was negligent in leaving the keys inside the unlocked truck and providing inadequate security for the parking lot where company vehicles were left. The plaintiffs also sought to impose liability on the defendant under the doctrine of respondeat superior. The defendant moved for summary judgment. Summary judgment was granted and the complaint dismissed. This appeal resulted. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/dixsonl_opn.WP6 INTERSTATE MECHANICAL CONTRACTORS, INC. vs. MCH PARTNERS; JIMMY R. REAGAN d/b/a PRECISION CONSTRUCTION COMPANY; HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF UPPER EAST TENNESSEE; DON CONSEEN d/b/a DC SERVICE AND SALES; and CAROLYN MINNIS ROBERT CALLAWAY DON CONSEEN d/b/a DC SERVICE & SALES vs. JIMMY R. REAGAN and HOWARD SEXTON Court:TCA Attorneys: STEVEN E. MARSHALL, Marshall & Delius, Sevierville, for Appellants. EDWARD H. HAMILTON, Brabson, Yates & Hamilton, P.L.C., Sevierville, for Appellee. Judge:McMurray First Paragraph: This appeal involves a payment dispute between the plaintiff, Don Conseen, a subcontractor doing business as DC Service & Sales, and defendants Jimmy R. Reagan and Howard Sexton, doing business as Precision Construction Company, a general contractor. Plaintiff sued for payment for construction work which he testified was requested and approved by defendants, and for which he was promised payment by the defendants. An evidentiary hearing was held. The defendants presented no proof at trial. The chancellor granted plaintiff a judgment for $19,267.45, the amount sought by the plaintiff. The defendants appealed. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/intrstat_opn.WP6 MEESE & ASSOCIATES, INC. vs. EDDIE POWERS and DAVID HICKS REBECCA CAR KIRKLIN vs. MEESE & ASSOCIATES, INC. Court:TCA Attorneys: A. THOMAS MONCERET Knoxville, Tennessee Attorney for Appellant TERRY M. BASISTA BASISTA, PRYOR & BALLOFF Jacksboro, Tennessee Attorney for Appellees, Eddie Powers and David Hicks and Intervening Appellee, Rebecca Carr Kirklin Judge:HIGHERS First Paragraph: Plaintiff, Meese & Associates, Inc. ("plaintiff"), appeals the judgment of the trial court awarding Intervening Plaintiff/Appellee, Rebecca Kirklin ("Kirklin"), the real estate commission for the sale of Defendants/Appellees', Eddie Powers ("Powers") and David Hicks ("Hicks") (collectively "defendants"), property by Kirklin. For reasons stated hereinafter, we reverse the decision of the trial court and remand. URL:http://www.tba.org/tba_files/TCA/meese_opn.WP6 W. STEVEN RENFRO, JR. vs. JOHN DOE Court:TCA Attorneys: DAIL R. CANTRELL, Cantrell, Pratt & Varsalona, Clinton, for Appellant. JANET L. HOGAN, Hogan & Hogan, Knoxville, for Appellee Ohio Casualty Insurance. Company. Judge:McMurray First Paragraph: This is an appeal from a summary judgment entered in favor of Ohio Casualty Insurance Company, an unnamed party brought before the court pursuant to T.C.A. S 56-7-1206. The question before us is whether the plaintiff, Steven Renfro, is an insured within the meaning of Ohio Casualty's uninsured motorist (UM) policy provisions. The precise issue is whether the plaintiff, at the time of his injury, was "occupying" the covered vehicle as that term is defined in the policy under consideration. The trial court found, on motion for summary judgment, that the plaintiff was not "occupying" the vehicle. We reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/renfrows_opn.WP6 SCENIC HELICOPTERS, INC. and SCENIC HELICOPTER RIDES, LIMITED vs. CITY OF SEVIERVILLE, TENNESSEE Court:TCA Attorneys: Linda J. Hamilton Mowles, Knoxville, for Appellant. Dwight E. Stokes, Sevierville, for Appellee. Judge:INMAN First Paragraph: This complaint sought a writ of mandamus to require the City to issue a sign permit, or, alternatively, to review the action of the City in denying the application for a permit. The Chancellor found that the action of the Board of Zoning Appeals in denying the permit was arbitrary and ordered the issuance of the permit. We affirm. URL:http://www.tba.org/tba_files/TCA/scenic_ca3.WP6 SOUTHLAND REALTORS, INC. vs. TABOR CONSTRUCTION COMPANY, INC. Court:TCA Attorneys: Thomas R. Henley, Knoxville, for Appellant. C. Paul Harrison, Knoxville, for Appellee. Judge:INMAN First Paragraph: The trial court allowed the plaintiff a recovery of a commission for the sale of real estate. The defendant appeals, insisting that (1) the plaintiff was not a party to the sales agency contract and thus had no standing to file this action, (2) the agency contract expired before performance, (3) the plaintiff "performed no useful work," and (4) the record "cannot support a judgment for anyone." Each of these issues alleges that the trial court erred in failing to grant summary judgment. URL:http://www.tba.org/tba_files/TCA/southlan_ca3.WP6
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