August 04, 1999
Volume 5 -- Number 108

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink


ANTHONY P. GUILIANO
VS.
CLEO, INC.

Court:TSC

Attorneys:                          
For the Petitioner:         For the Respondent:

Frank L. Watson             James H. Stock, Jr.,         
Waring Cox, P.L.C.          Christopher E. Moore         
Memphis, Tennessee          Weintraub, Stock, Bennett,  
                            Grisham & Underwood, P.C.
                            Memphis, Tennessee
                            
Judge:BARKER

First Paragraph:

We granted this appeal to address the recovery of liquidated damages
where a plaintiff/employee alleges that he has been constructively
terminated from his employment.  The trial court in this case granted
summary judgment in favor of the appellant, Anthony P. Guiliano, based
upon a finding that he had been constructively terminated from his
employment and that he was entitled to recover the remainder of his
salary under Paragraph 9 of his employment contract.  The Court of
Appeals agreed that the appellant had been constructively terminated
from his employment, but concluded that he was not entitled to any
recovery.  The intermediate court held that Paragraph 9 of the contract
was a liquidated damages provision that imposed a penalty on the
appellee, Cleo, Inc., (Cleo).

http://www.tba.org/tba_files/TSC/Gulnoapg_opn.WP6



ALEXANDER & ASSOCIATES, INC. VS. DEBRA BOND-OWENS Court:TCA Attorneys: For the Petitioner: For the Respondent: Frank L. Watson James H. Stock, Jr., Waring Cox, P.L.C. Christopher E. Moore Memphis, Tennessee Weintraub, Stock, Bennett, Grisham & Underwood, P.C. Memphis, Tennessee Judge:GODDARD First Paragraph: This is a suit initiated in the General Sessions Court for Davidson County by Alexander & Associates, Inc., an insurance agency, seeking to recover from Debra Bond-Owens, its former employee, reimbursement for payments made to her which it contends were "unearned advanced salary in the amount of $5701.37, plus interest." http://www.tba.org/tba_files/TCA/Alexndra_opn.WP6
BARBARA CORNETT VS. DEERE & COMPANY, GENERAL EQUIPMENT and VERNON KEITH Court:TCA Attorneys: HELEN LOFTIN CORNELL 3635 Woodmont Boulevard Nashville, Tennessee 37215 CHARLES E. HARDIMAN, JR. 309 West Due West Avenue Madison, Tennessee 37115 ATTORNEYS FOR PLAINTIFF/APPELLANT SAMUEL L. FELKER JOHN C. HAYWORTH BASS, BERRY & SIMS PLC 2700 First American Center Nashville, Tennessee 37238 ATTORNEYS FOR DEFENDANT/APPELLEES Judge:COTTRELL First Paragraph: This personal injury case arose when Plaintiff Barbara Cornett sustained injuries while operating a lawn mower manufactured by Defendant Deere & Company and sold by General Equipment and its owner Vernon Keith. Ms. Cornett sued, alleging negligence, breach of warranty, and strict liability. She also sought punitive damages. The first trial concluded with a directed verdict for the defendants at the conclusion of the evidence. The trial court, however, granted Ms. Cornett a new trial. In the second trial, the court granted directed verdicts to Vernon Keith on all issues, to both General Equipment and Deere & Company on the issues of negligence and punitive damages and to General Equipment on the strict liability claim. The jury returned a defense verdict on the remaining breach of warranty and strict liability claims. Ms. Cornett appeals, alleging ten errors. We affirm. Barbara Cornett injured her right arm and left knee in June 1993, when she drove her father's riding lawn mower off a three-foot embankment. According to the trial court, the parties stipulated that Ms. Cornett sustained injuries in the amount of $5,000. The accident at issue occurred after the mower's third use as Ms. Cornett was attempting to turn left and run the mower parallel to a retaining wall. Its steering purportedly locked and the mower would not turn. Ms. Cornett maintained she had insufficient time to brake before the mower careened over the embankment because both the clutch and the brake had to be engaged before the mower would stop. http://www.tba.org/tba_files/TCA/Cornett_opn.WP6
STATE OF TENNESSEE VS. MAURICE E. BOYD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JENNIFER LYNN THOMPSON PAUL G. SUMMERS 715 Crescent Road Attorney General & Reporter Nashville, TN 37205 CLINTON J. MORGAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General GRADY MOORE Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: From the trial court's order revoking the Defendant's sentence in the community corrections program, the Defendant appeals as of right. In his sole issue, the Defendant argues that the trial court erred by finding that he had violated conditions of his placement in the community corrections program. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Boydme_opn.WP6
LUTHER E. FOWLER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: John Allen Brooks John Knox Walkup 736 Georgia Avenue Attorney General & Reporter Suite 600 Chattanooga, TN 37402 Todd R. Kelley Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243 William H. Cox, III District Attorney General David Wayne Denny Assistant District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:LAFFERTY First Paragraph: The appellant, Luther Fowler, referred herein as "the petitioner," appeals as of right from the denial of his petition for post-conviction relief by the Hamilton County Criminal Court. In 1992, the petitioner was convicted in a jury trial of the offense of felonious assault to commit murder first degree. After a sentencing hearing, the trial court imposed a sentence of forty years as a Range III, career offender in the Department of Correction. http://www.tba.org/tba_files/TCCA/Fowlerle_opn.WP6
RANDY DALE HILL VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RANDY DALE HILL JOHN KNOX WALKUP TDOC# 245286 Attorney General & Reporter B.M.C.X.-M.C. P. O. Box 20 KIM R. HELPER Wartburg, TN 37887-2000 Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243-0493 VICTOR S. (TORRY) JOHNSON III District Attorney General ROGER MOORE Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WILLIAMS First Paragraph: The petitioner, Randy Dale Hill, appeals the dismissal of his petition for habeas corpus. In 1995, the petitioner pleaded nolo contendere to one count of aggravated child abuse, a Class B felony. The Criminal Court of Dickson County sentenced him as a mitigated offender to eight years in either the Tennessee Department of Correction (TDOC) or the Dickson County workhouse, and the petitioner began service in the workhouse. The TDOC subsequently advised him that he could not serve in the workhouse. In 1998, the petitioner filed a writ of habeas corpus with the Criminal Court of Davidson County, alleging that improper sentencing merited habeas corpus relief. The post-conviction court dismissed the writ without a hearing. The petitioner appeals, asserting that (1) the post-conviction court erroneously dismissed the writ without a hearing, because that writ alleged grounds for relief, and (2) the sentence imposed by the trial court was void. The petitioner's second issue comprises a claim regarding the plea agreement: He asserts that since he entered his plea anticipating service in the workhouse, an option precluded by statute, that plea was not knowing and voluntary. We AFFIRM the dismissal of the writ. http://www.tba.org/tba_files/TCCA/Hillrand_opn.WP6

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