February 22, 2000
Volume 6 -- Number 027

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.

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

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Lucian T. Pera
Editor-in-Chief, TBALink

MICHAEL C. GLEAVES
VS.
CHECKER CAB TRANSIT CORPORATION, INC.

Court:TSC

Attorneys:  

For Appellant:              For Appellee:

WILLIAM D. LEADER, JR.      STEVEN D. PARMAN
JULIE C. MURPHY             MATTHEW A. BOYD
Nashville, TN               Nashville, TN                        

Judge:  BIRCH

First Paragraph:

We granted this appeal in order to determine whether S 6.72.210 of the
Code of the Metropolitan Government of Nashville and Davidson County
(Metro. Code) and the required Taxicab Liability Insurance Agreement
(Agreement) impose liability upon Checker Cab Transit Corporation,
Inc. (Checker) for injuries to a third party caused by the negligence
of one of Checker's contract drivers who was "off-duty" at the time of
the incident.  Because we find that the ordinance and the Agreement
impose liability on the taxicab company regardless of the status
(on-duty/off-duty) of the driver, the decision of the Court of 
Appeals is reversed, and the judgment entered by the trial court is
reinstated.

http://www.tba.org/tba_files/TSC/Gleavesm.wpd



EARL McCOY VS. T.T.C.. ILLINOIS INCORPORATED Court:TSC Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: G. Brent Burks James T. Williams McMAHAN & ASSOCIATES W. Anthony Hullender Chattanooga, Tennessee Chattanooga, Tennessee Judge: DROWOTA First Paragraph: In this worker's compensation action, the employee, Earl McCoy ("McCoy"), appeals from a judgment of the Chancery Court of Hamilton County which awarded him forty-five percent permanent partial disability benefits to the body as a whole but held that the employer, T.T.C. Incorporated of Illinois ("TTC") was entitled to an offset against the worker's compensation award in an amount equal to one-half of McCoy's monthly Social Security old age insurance benefit payments. http://www.tba.org/tba_files/TSC/mccoye.wpd
PAUL D. SMITH VS. U.S. PIPE & FOUNDRY CO. and LARRY BRINTON, Director of the Division of Workman's Compensation TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant Paul D. Smith U.S. Pipe & Foundry Company ROBINSON & ASSOCIATES THE FLEISSNER FIRM Samuel F. Robinson, Jr. Phillip A. Fleissner Keith A. Black David C. Nagle Chattanooga, Tennessee Chattanooga, Tennessee For the Defendant/Appellee Second Injury Fund Paul G. Summers Attorney General & Reporter E. Blaine Sprouse Assistant Attorney General Nashville, Tennessee Kathleen W. Stratton Assistant Attorney General Nashville, Tennessee Judge: DROWOTA First Paragraph: We granted the motion for review in this worker's compensation action to consider the following two issues: (1) whether the employer is entitled to an offset against the workers' compensation award of scheduled member benefits in an amount equal to fifty percent of the Social Security old age insurance benefits received by the employee; and (2) whether permanent total disability benefits begin accruing on the date of injury or on the date of maximum medical improvement. http://www.tba.org/tba_files/TSC/smithpaul.wpd
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0222.wpd
ANJUM D. ALI VS. PROFESSIONAL REAL ESTATE DEVELOPERS, INC. VS. MIR AHMED IFTEKAR ALI Court:TCA Attorneys: Stewart F. Kresge, Nashville, Tennessee Attorney for Plaintiff/Counter-Defendant/Appellant. Marshall L. Hix, James David Nave, HIX GRAY & NAVE, PLLC, Nashville, Tennessee Attorneys for Defendant/Counter-Plaintiff/Third Party Plaintiff/Appellee. Judge: FARMER First Paragraph: In this action to determine the rights of the parties with respect to a piece of real property located at 736 McGavock Pike in Nashville, Tennessee ("the McGavock property"), the trial court declared that Defendant Professional Real Estate Developers, Inc. ("PRD") is the owner of the disputed real property in fee simple and ordered Plaintiff Anjum D. Ali and Third Party Defendant Mir Ahmed Iftekar Ali to pay PRD damages in the amount of $10,000.00. For the reasons set forth below, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/Aliad.wpd
DONALD JAMES ALEXANDER VS. CAROLYN PAXTON ALEXANDER Court:TCA Attorneys: For Appellant For Appellee GLENNA M. RAMER PHILLIP C. LAWRENCE Chattanooga, Tennessee Lawrence, Lawrence & Gerbitz, PLLC Chattanooga, Tennessee Judge: SUSANO First Paragraph: This is a post-divorce case that presents numerous and difficult questions relating to the interpretation and application of the Child Support Guidelines ("Guidelines") promulgated by the Department of Human Services, Child Support Services Division, pursuant to the authority of T.C.A. S 36-5-101(e)(2). The original defendant, Carolyn Paxton Morrow ("Mother") -- formerly Alexander -- filed a petition on September 4, 1997, seeking an increase in the general child support obligation of her former husband, Donald James Alexander ("Father"). http://www.tba.org/tba_files/TCA/alxnderdj.wpd
ESTATE OF: CONNIE S. BLIGH, Decedent MICHAEL S. BLIGH, Executor VS. LURANA SNIDER Court:TCA Attorneys: MICHAEL BRIEN BLIGH 392 Harding Place, Suite 215 Nashville, Tennessee 37211 Attorney for Plaintiff/Appellant PAUL R. WHITE Suite 400, Washington Square 214 Second Avenue North Nashville, Tennessee 37201 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: This is an action by the executor of an estate to collect two loans made by the decedent to the defendant and to recover the funds represented by a certificate of deposit withdrawn by the defendant before the decedent's death. The Probate Court of Davidson County held that the loans had been repaid and that the certificate of deposit represented a gift to the defendant. We affirm. http://www.tba.org/tba_files/TCA/blighcs.wpd
NEIL PRICE VS. TONI PRICE Court:TCA Attorneys: JAMES G. MARTIN, III GREGORY D. SMITH Farris, Warfield & Kanaday 424 Church Street, Suite 1900 Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT ROBERT L. JACKSON STANLEY A. KWELLER Jackson, Kweller, McKinney & Badger One Washington Square, Suite 103 214 Second Avenue North Nashville, Tennessee 37201 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: CAIN First Paragraph: This case involves the dissolution of a seventeen-year long marriage. The parties have raised on appeal issues involving spousal support, child support, their partial marital dissolution agreement and attorney fees. Upon a review of the record and the relevant law, we find that the decision of the trial court should be reversed in part and affirmed in part. http://www.tba.org/tba_files/TCA/pricen.wpd
KIMBERLY ROSS VS. VANDERBILT UNIVERSITY MEDICAL CENTER Court:TCA Attorneys: JOE BEDNARZ, SR. JOE BEDNARZ, JR. Bednarz & Bednarz Suite 1400, Parkway Towers 404 James Robertson Parkway Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLANT STEVEN E. ANDERSON ANNE E. S. HAMER Bass, Berry & Sims 2700 First American Center Nashville, Tennessee 37238-2700 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: CAIN First Paragraph: The issues in this case are based upon the trial court's charge to the jury involving the sudden emergency doctrine. On appeal, we find no error in the jury instructions. Accordingly, we affirm the decision of the trial court in all respects. http://www.tba.org/tba_files/TCA/rosskimb.wpd
KEN STEPHENS VS. ROANE STATE COMMUNITY COLLEGE Court:TCA Attorneys: JERROLD L. BECKER SAMUEL W. BROWN BECKER, THOMFORDE, BROWN, KNIGHT & HESTER, P.C. P.O. BOX 1710 KNOXVILLE, TENNESSEE 37901-1710 ATTORNEYS FOR PETITIONER/APPELLANT PAUL G. SUMMERS ATTORNEY GENERAL WILLIAM J. MARETT, JR., ASSISTANT ATTORNEY GENERAL CORDELL HULL BUILDING 525 5TH AVENUE, NORTH NASHVILLE, TENNESSEE 37243 ATTORNEYS FOR RESPONDENT/APPELLEE Judge: COTTRELL First Paragraph: Appellant Ken Stephens is a tenured professor at Appellee Roane State Community College ("Roane State") who was suspended for six months without pay for violating the sexual harassment policies of the Tennessee Board of Regents and Roane State. Professor Stephens seeks appellate review of the trial court's affirmance of the administrative decision to suspend him. Because the trial court reviewed this case by applying the judicial review standards provided under the Uniform Administrative Procedures Act ("UAPA"), Tenn. Code Ann. S 4-5-101, et seq., rather than the more specific provisions of Tenn. Code Ann. S 49-8-304, we vacate its decision and remand this case. http://www.tba.org/tba_files/TCA/stephensk.wpd
NIKOLAS DEAN WELCH, Minor, CHANNON MARIE TUCKER WELCH and Husband, MICHAEL TODD WELCH VS. JIMMY D. HILL Court:TCA Attorneys: TIMOTHY V. POTTER 102 Highway 70 East, Unit 1 P. O. Box 66 Dickson, Tennessee 37056 ATTORNEY FOR PLAINTIFFS/APPELLANTS JEFFREY L. LEVY First American Center, 20th Floor 315 Deaderick Street Nashville, Tennessee 37238-2075 ATTORNEY FOR DEFENDANT/APPELLEE Judge: CAIN First Paragraph: This case involves a mother's petition to terminate the parental rights of a father. Channon Marie Tucker Welch and Jimmy D. Hill are the biological parents of Nikolas Dean Hill. Ms. Welch and her husband, Michael Todd Welch, appeal from the refusal of the chancery court to terminate the parental rights of Mr. Hill. http://www.tba.org/tba_files/TCA/welchcmt.wpd
STATE OF TENNESSEE VS. SHANNON BENEDICT Court:TCCA Attorneys: For Appellant For Appellee Frank J. Runyon, III Paul G. Summers Runyon & Runyon, PLLC Attorney General and Reporter 301 Main Street 425 Fifth Avenue North Clarksville, TN 37040 Nashville, TN 37243-0493 Mark E. Davidson Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The appellant, Shannon Benedict, appeals the sentences imposed by the Stewart County Circuit Court pursuant to his pleas of guilt on May 20, 1998, to the offenses of aggravated burglary and theft. Following a sentencing hearing on September 29, 1998, the trial court sentenced the appellant as a standard, Range I offender, to five years incarceration for the aggravated burglary conviction and two years incarceration for the theft conviction. The trial court further ordered consecutive service of the sentences. On appeal, the appellant challenges the length of his sentences. http://www.tba.org/tba_files/TCCA/benedictsh.wpd
ROBERT W. BREEDEN VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Albert J. Newman, Jr. Paul G. Summers Attorney Attorney General and Reporter Suite 500, Burwell Building 602 South Gay Street R. Stephen Jobe Knoxville, TN 37902 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Robert L. Jolley, Jr. Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge: WADE First Paragraph: The petitioner, Robert W. Breeden, appeals the trial court's dismissal of his petition for post-conviction relief. In this appeal of right, the single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. http://www.tba.org/tba_files/TCCA/Breedenrb.wpd
THOMAS ALLEN CLARK VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Albert J. Newman, Jr. Paul G. Summers Attorney Attorney General and Reporter Suite 500, Burwell Building 602 South Gay Street R. Stephen Jobe Knoxville, TN 37902 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Robert L. Jolley Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge: WADE First Paragraph: The petitioner, Thomas Allen Clark, appeals the trial court's denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. http://www.tba.org/tba_files/TCCA/Clarkta.wpd
STATE OF TENNESSEE VS. WALTER PATRICK DOOLEY Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: BRANDT DAVIS PAUL G. SUMMERS 1707 Cove Creek Attorney General & Reporter Knoxville, TN 37919 MARVIN S. BLAIR, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General ROBERT JOLLEY Assistant District Attorney City-County Building Knoxville, TN 37902 Judge: SMITH First Paragraph: A Knox County jury convicted the appellant, Walter Patrick Dooley, of one (1) count of second degree murder. The trial court sentenced him as a Repeat Violent Offender to life imprisonment without parole. http://www.tba.org/tba_files/TCCA/dooleypatrick.wpd
STATE OF TENNESSEE VS. DONALD WAYNE MARSHALL Court:TCCA Attorneys: For the Appellant: For the Appellee: Stephen M. Wallace Paul G. Summers District Public Defender Attorney General of Tennessee and and Gale K. Flanary Michael J. Fahey, II Assistant Public Defender Assistant Attorney General of Tennessee Post Office Box 839 425 Fifth Avenue North Blountville, TN 37617-0839 Nashville, TN 37243 (AT TRIAL) H. Greeley Welles, Jr. Mark H. Toohey District Attorney General 158 Cherokee Street and Kingsport, TN 37660 Barry P. Staubus (ON APPEAL) Assistant District Attorney and Gregory A. Newman Assistant District Attorney Post Office Box 526 Blountville, TN 37617-0526 Judge: TIPTON First Paragraph: The defendant, Donald Wayne Marshall, appeals as of right from his conviction by a jury in the Sullivan County Criminal Court for aggravated rape, a Class A felony. The defendant was sentenced as a Range II, multiple offender to forty years confinement in the custody of the Department of Correction. http://www.tba.org/tba_files/TCCA/marshalldw.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 2000 Tennessee Bar Association