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.
- 04-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 04-New Opinons From TCA
- 00-New Opinons From TCCA
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STATE OF TENNESSEE vs. MICHAEL RALPH ALFORD Court:TSC Attorneys: For Appellant: For Appellee: DAVID L. HAMBLEN JOHN KNOX WALKUP Union City, Tennessee Attorney General and Reporter MICHAEL E. MOORE Solicitor General GORDON W. SMITH Associate Solicitor General DEBORAH A. TULLIS Assistant Attorney General Nashville, Tennessee JAMES G. WOODALL District Attorney General DONALD H. ALLEN Assistant District Attorney Jackson, Tennessee Judge:BIRCH First Paragraph: The Circuit Court for Madison County entered judgment on a jury verdict convicting Michael Ralph Alford, the appellant, of aggravated assault for stabbing Ricky Murchison with the sharp end of a four-way tire tool and inflicting a wound approximately five to six inches deep. Following a hearing, the trial court imposed a sentence of four years in the Department of Correction. URL:http://www.tba.org/tba_files/TSC/alfordr_opn.WP6 MARTHA BENTON, Administratrix of the Estate of DAVIS RAY BENTON vs. CITY OF SPRINGFIELD Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: JAMES C. SUMMERS JEFF K. WALKER NASHVILLE SPRINGFIELD Judge:HOLDER First Paragraph: We granted review of this workers' compensation case to determine whether a police officer's coronary heart disease arose out of his employment with the Springfield Police Department. A Special Workers' Compensation Panel held that the plaintiff's injury was compensable. We agree with the panel's findings that the plaintiff met the criteria in Tenn. Code Ann. S 7-51 201(a)(1) and that the presumption afforded by S 7-51-201 was sufficiently rebutted by expert testimony. We, however, hold that the plaintiff failed to show the presence of a specific acute or sudden stressful event immediately preceding his heart attack in accordance with our recent holding in Krick v. City of Lawrenceburg, 945 S.W.2d 709 (Tenn. 1997). The plaintiff's case is dismissed. URL:http://www.tba.org/tba_files/TSC/bentondr_opn.WP6 JIM PARKS vs. TENNESSEE MUNICIPAL LEAGUE RISK MANAGEMENT POOL, and LARRY BRINTON, DIRECTOR, DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC Attorneys: For Appellant: For Appellee, Jim Parks: John Knox Walkup T. J. Emison Attorney General and Reporter Alamo, Tennessee Dianne Stamey Dycus For Appellee, Tennessee Municipal Senior Counsel League Risk Management PooL: Attorney General's Office W. Timothy Hayes, Jr. Nashville, Tennessee Memphis, Tennessee Judge:ANDERSON First Paragraph: We granted the motion for review filed by the Tennessee Department of Labor's Second Injury Fund to determine whether an employee who previously received workers' compensation permanent partial disability benefits is entitled to permanent partial disability benefits under Tenn. Code Ann. S 50-6 241(a)(1)(Supp. 1997) for a later work injury based on his total medical impairment rating for all work injuries or the medical impairment rating solely attributable to his most recent work injury. URL:http://www.tba.org/tba_files/TSC/parksj_opn.WP6 STATE OF TENNESSEE vs. JACQUELINE DEANNA ALEXANDER VICKERS and WILLIAM J. BOONE Court:TSC Attorneys: For Appellants: For Appellee: PATRICK MARTIN JOHN KNOX WALKUP Jackson, Tennessee Attorney General and Reporter (For Appellant Vickers) MICHAEL E. MOORE HENRY HAILE Solicitor General Nashville, Tennessee and DAVID M. HIMMELREICH CARTHEL L. SMITH, JR. LAURA DYKES Lexington, TN Deputy Attorney General (For Appellant Boone) ALBERT L. PARTEE, III Senior Counsel Nashville, Tennessee JAMES G. WOODALL District Attorney General Jackson, Tennessee Judge:BIRCH First Paragraph: We granted permission to appeal under Tenn. R. App. P. 11 to the appellants, Jacqueline Deanna Alexander Vickers and William J. Boone. The issue is whether a trial court may conduct a pretrial evidentiary hearing, pursuant to Tenn. R. Crim. P. 12, to determine the evidentiary sufficiency relevant to the tolling of the statute of limitations. Because the statute of limitations issue presented herein is not one "which is capable of determination without the trial of the general issue," we conclude that it should have been submitted to the jury. Accordingly, the judgment of the Court of Criminal Appeals is affirmed. URL:http://www.tba.org/tba_files/TSC/vickersj_opn.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL June 15, 1998 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst31_wpd.WP6 COMMERCIAL CREDIT PLAN, INC. vs. ESTATE OF ARTHUR SMITH, JR., EARLINE BRAWLEY, T.R.W. TITLE INSURANCE CORPORATION OF NEW YORK, a corporation Court:TCA Attorneys: W. Ray Jamieson of Memphis For Appellee, Commercial Credit Plan, Inc. Randy S. Gardner, Apperson, Crump, Duzane & Maxwell of memphis For Appellant, T.R.W. Title Insurance Corporation Judge:CRAWFORD First Paragraph: This appeal involves a suit to recover under a policy of title insurance. Defendant/Appellant TRW Title Insurance Corporation of New York (TRW) appeals the judgment of the trial court awarding plaintiff Commercial Credit Plan, Inc. (CCP) $23,500.00. URL:http://www.tba.org/tba_files/TCA/ccp_opn.WP6 JOHN ALAN DU BAN, SR. vs. GARY R. WILKINSON Court:TCA Attorneys: John Alan Du Ban, Sr., Pro Se Harris, Shelton, Dunlap & Cobb James L. Kirby of Memphis For Appellee Judge:CRAWFORD First Paragraph: This appeal involves a suit by a party to a previous divorce case against the other party's attorney for actions taken by the attorney in that proceeding. Plaintiff, John Alan Du Ban, Sr., appeals the order of the trial court granting summary judgment to defendant, Gary Wilkinson, his ex-wife's attorney. URL:http://www.tba.org/tba_files/TCA/dubanjo_opn.WP6 BARBARA PIERCE vs. STATE OF TENNESSEE Court:TCA Attorneys: L. L. Harrell, Jr.; Harrell & Harrell of Trenton For Appellant Beauchamp E. Brogan, General Counsel JoAnn C. Cutting, Assistant General Counsel of Memphis, For Appellee Judge:CRAWFORD First Paragraph: This is a medical malpractice case tried by the Tennessee Claims Commission. Claimant Barbara Pierce (Pierce) appeals from the judgment of the Claims Commision for defendant, State of Tennessee. Pierce filed this complaint alleging that while a patient at the Regional Medical Center in Memphis, Tennessee, she had surgery for removal of her appendix. She avers that she was under the care and treatment of Dr. Kenna Williams and Dr. Robert Howell, medical residents and employees of the State of Tennessee through the University of Tennessee School of Medicine. She basically alleges that the defendant, University of Tennessee, through its employees, breached the recognized standard of acceptable professional practice in its medical treatment thus resulting in a severe infection that necessitated further hospitalization, expense, pain, and suffering. URL:http://www.tba.org/tba_files/TCA/pierceba_opn.WP6 ARDIE TRICE vs. JOHNNY LEE KELLY, TERRY SELLERS, and DAVID HALL Court:TCA Attorneys: Nathan B. Pride of Jackson For Appellee David A. Riddick of Jackson For Appellant, Hall Judge:CRAWFORD First Paragraph: This appeal involves a suit brought by a property owner against a land surveyor for damages resulting from the unlawful cutting of timber. Plaintiff/Appellee, Ardie Trice (Trice), sued his adjacent landowner, Johnny Lee Kelly (Kelly), and Kelly's timber cutter, Defendant, Terry Sellers (Sellers), for damages resulting from the unlawful cutting of his timber. Kelly and Sellers both answered the complaint and filed cross-claims against each other seeking indemnification and other damages. They also filed third party complaints against the land surveyor, David Hall. After Hall was brought in as a third party defendant, Trice was granted permission to amend his complaint and bring Hall in as a defendant. The amended complaint alleges that Hall performed a faulty survey improperly designating the line between Kelly and Trice and that because of his failure to mark the correct line, the timber was cut on Trice's property instead of Kelly's property. The complaint seeks damages against Hall as provided by T.C.A. S 43-28-312 (1993). URL:http://www.tba.org/tba_files/TCA/triceard_opn.WP6
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