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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JOE ERWIN and SUSAN ERWIN, as surviving parents and next of kin of BETHANY SUZANNE ERWIN vs. JAMES M. ROSE, WADE MATHENY, in his capacity as Sheriff of Maury County, Tennessee, MAURY COUNTY SHERIFF'S DEPARTMENT, MAURY COUNTY, TENNESSEE, and TRACY JOE LOVELL Court:TCA Attorneys: PAUL A. BATES CHRISTOPHER V. SOCKWELL P. O. Box 357 Lawrenceburg, Tennessee 38464 Attorneys for Plaintiffs/Appellants ALAN M. SOWELL 150 Second Avenue North, Suite 201 Nashville, Tennessee 37201-1931 Attorney for Defendants/Appellees James M. Rose and Maury County, Tennessee T. EDWARD LAWWELL 610 North Garden Street P. O. Box 1017 Columbia, Tennessee 38402 Attorney for Appellee Tennessee Farmers Mutual Insurance Company Judge:CANTRELL First Paragraph: This case involves questions of the liability of a municipality and its agents under the Governmental Tort Liability Act. It also involves a question of the liability of a plaintiff's underinsured motorist carrier when the plaintiff has recovered from the tort-feasor more than the policy limits. We affirm the lower court's order on the liability of the municipality and its agents and the order dismissing the claim against the underinsured motorist carrier. We reverse the order awarding prejudgment interest because it raises the recovery from the municipality over the allowable limit. URL:http://www.tba.org/tba_files/TCA/erwinj_opn.WP6 TOMMY NEAL HOLT, Deceased vs. MARILYN KAY HOLLINGSWORTH HOLT ELLIOTT NATHAN HOLT vs. VICKIE LEWIS, Administrator Ad Litem for the Estate of Sophia Holt In Re: Proceeds of Old Line Life Insurance Company of America Policy Number 1878593L Court:TCA Attorneys: FOR APPELLEES: FOR APPELLANT: JOHN G. DOAK, SR. JOHN L. WHITFIELD, JR. 2525 Lebanon Road 95 White Bridge Road Nashville, Tennessee 37214 Nashville, Tennessee 37205 Judge:CANTRELL First Paragraph: In a marital dissolution agreement, Tommy Neal Holt agreed to procure a $100,000 life insurance policy and name his ex-wife as beneficiary, to hold the proceeds in trust for their minor child. when he subsequently obtained a life policy, he named his mother as beneficiary instead. The Probate Court of Davidson County ordered the proceeds paid to the ex-wife as trustee. We affirm. URL:http://www.tba.org/tba_files/TCA/holttn_opn.WP6 J.H. MOSER vs. DEPARTMENT OF TRANSPORTATION OF THE STATE OF TENNESSEE, TENNESSEE CIVIL SERVICE COMMISSION, and J. BRUCE SALTSMAN, SR., in his Official Capacity as Commissioner of the Tennessee Department of Transportation Court:TCA Attorneys: Larry D. Woods; Woods & Woods of Nashville For Appellee John Knox Walkup, Attorney General and Reporter Eugenie B. Whitesell, Assistant Attorney General For Appellants Judge:CRAWFORD First Paragraph: This appeal involves a petition of Petitioner/Appellee J.H. Moser (Moser) for judicial review of decisions of the Tennessee Civil Service Commission (CSC) and the Tennessee Department of Transportation (DOT). URL:http://www.tba.org/tba_files/TCA/moserj_opn.WP6 LEON PARDUE, JR. vs. THE METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY and the METROPOLITAN EMPLOYEE BENEFIT BOARD Court:TCA Attorneys: ANN BUNTIN STEINER STEINER & STEINER 214 Second Avenue North Suite 203 Nashville, Tennessee 37201-1644 Attorney for Plaintiff/Appellant JAMES L. MURPHY, III Director of Law Department of Law of the Metropolitan Government of Nashville and Davidson County CHRISTI E. PEARSON 204 Metropolitan Courthouse Nashville, Tennessee 37201 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: In this appeal of the Metropolitan Benefit Board's denial of a disability pension, the petitioner asserts that the decision is unsupported by substantial and material evidence, that the Board should have given more weight to the treating physician's testimony, and that the reviewing court should have conducted a de novo review of the Board's decision. The Chancery Court of Davidson County conducted a limited review and dismissed the petition. We affirm. URL:http://www.tba.org/tba_files/TCA/parduel_opn.WP6 ALFREDO SHAHRDAR vs. GLOBAL HOUSING, INC., and MOHAMMED SHARIFPOUR Court:TCA Attorneys: Douglas S. Johnston, Jr.; Barrett, Johnston & Parsley of Nashville For Appellee Thomas I. Bottorff; Bottorff, Kavin & Cook of Brentwood For Appellants Judge:CRAWFORD First Paragraph: This case involves the alleged breach of an oral employment contract and the inducement of that breach by a third party. Defendants Global Housing, Inc. and Mohammed Sharifpour appeal the order of the trial court granting the plaintiff Alfredo Shahrdar a default judgment and also the jury's award of damages. Plaintiff Alfredo Shahrdar assigns error to the trial court's refusal to send the issue of punitive damages to the jury, as well as the $205,009 remittitur suggested by the court. URL:http://www.tba.org/tba_files/TCA/shahrdar_opn.WP6 KENNETH J. HALL vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD T. EIDSON JOHN KNOX WALKUP 205 Highway 66 South Attorney General & Reporter Rogersville, TN 37557 Thomas F. Behan Assistant Attorney General Cordell Hull Bldg., Second Floor 425 Fifth Avenue, North Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General DOUG GODBEE Assistant District Attorney 109 S. Main St., Suite 501 Greenville, TN 37743 Judge:ACREE First Paragraph: The petitioner, Kenneth J. Hall, appeals as of right the trial court's dismissal of his petition for post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/hall_op.WP6 ROBERT S. MOORE vs. STATE OF TENNESSEE Court:TCCA Judge:SMITH First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. The petitioner objects to the state's motion. After reviewing the pleadings and the record on appeal, this Court finds that the trial court properly dismissed the petitioner's Motion to Vacate Count III of Original Indictment and grants the state's motion to affirm the judgment pursuant to Rule 20. URL:http://www.tba.org/tba_files/TCCA/moorers1_ord.WP6 STATE OF TENNESSEE vs. JAMES PINKERTON Court:TCCA Attorneys: FOR THE APPELLANT: LARRY D. BRANDON 103 North Spring Street P.O. Box 5065 Murfreesboro, TN 37133-5065 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter LISA A. NAYLOR Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM C. WHITESELL, JR. District Attorney General DAVID L. PUCKETT Assistant District Attorney General Rutherford County Judicial Bldg. Room 303 Murfreesboro, TN 37130 Judge:RILEY First Paragraph: The defendant, James Pinkerton, appeals from a DUI judgment of conviction entered by the Circuit Court of Cannon County. The defendant pled guilty to DUI, first offense, reserving the right to appeal as a certified question of law the trial court's denial of his motion to suppress. Tenn. R. Crim. P. 37 (b)(2)(i). The defendant contends the actions of the arresting officer constituted a "stop" for Fourth Amendment purposes, and the officer lacked reasonable suspicion based upon specific and articulable facts that a crime was being committed or was about to be committed. After a review of the record, the judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/pinkerto_opn.WP6 STATE OF TENNESSEE vs. GRANT LEE PROVENCHER Court:TCCA Attorneys: For the Appellant For the Appellee Laura Rule Hendricks John Knox Walkup Eldridge, Irvine & Hendricks Attorney General & Reporter 606 W. Main Street, Ste. 350 P.O. Box 84 Peter M. Coughlan Knoxville, TN. 37901-0084 Assistant Attorney General 425 Fifth Avenue North Jeff C. Kelly 2nd Floor, Cordell Hull Bldg Assistant Public Defender Nashville, TN. 37243-0493 1st Judicial District P.O. Box 996 David E. Crockett Johnson City, TN. 37605 District Attorney General Kent W. Garland Asst District Attorney General 1st Judicial District Unicoi County Courthouse Erwin, TN. 37650 Judge:BARKER First Paragraph: The appellant, Grant Lee Provencher, appeals as of right the sentence he received following a guilty plea in the Washington County Criminal Court. The appellant pled guilty to reckless homicide, a Class D felony, and was sentenced as a Range I standard offender to three (3) years in the Washington County jail. He contends on appeal that the trial court erred in denying his request for alternative sentencing. URL:http://www.tba.org/tba_files/TCCA/prvnchrg_opn.WP6
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