Opinion FlashSeptember 20, 2002
Volume 8 Number 165
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
JACKIE ROBINSON v. PATRICK J. LeCORPS, M.D. (Originally filed Sept. 5, 2002. Correction on page 1, correcting the misspelling of an attorney's name.) Court:TSC Attorneys: Mary A. Parker and Richard D. Piliponis, Nashville, Tennessee, for the appellant, Jackie Robinson. C. Hayes Cooney, Nashville, Tennessee, for the appellee, Patrick J. LeCorps, M.D. William B. Hubbard and Robyn E. Smith, Nashville, Tennessee, for Amicus Curiae, Tennessee Hospital Association. William L. Penny and Jonathan D. Rose, Nashville, Tennessee, for Amicus Curiae, Hospital Alliance of Tennessee, Inc. A. Yarnell Beatty, Nashville, Tennessee, for Amicus Curiae, Tennessee Medical Association. David Kumatz, Nashville, Tennessee, for Amicus Curiae, Reciprocal of America. R. Sandler Bailey, Jr., Memphis, Tennessee; Randall L. Kinnard, Nashville, Tennessee; T. J. Emison, Alamo, Tennessee; J. D. Lee and Dan C. Stanley, Knoxville, Tennessee; and John A. Day, Brentwood, Tennessee, for Amicus Curiae, The Tennessee Trial Lawyers Association. Judge: ANDERSON First Paragraph: We granted review in this medical malpractice action to address whether the trial court erred by excluding expert medical testimony offered by the plaintiff and dismissing the complaint. The Court of Appeals affirmed. After reviewing the record and applicable authority, we conclude (1) that the plaintiff did not produce expert testimony to establish the standard of professional care in the community in which the defendant practiced or a similar community as required by Tenn. Code Ann. S 29-26-115(a)(1) (2000 & Supp. 2001), and (2) that the trial court did not abuse its discretion in excluding the testimony and dismissing the complaint. We therefore affirm the Court of Appeal's judgment. http://www.tba.org/tba_files/TSC/robinsonjcorr.wpd
JAMES D. LECKRONE v. JAMES D. WALKER, et al. (Originally filed Apr. 30, 2002. Correction to footnote 6, page 4.) Court:TCA Attorneys: John R. Jacobson, Nashville, Tennessee, for the appellant, James D. Walker. W. Lee Corbett and David F. Lewis, Nashville, Tennessee, for the appellee, Prism Partners, L.P. Judge: KOCH First Paragraph: This appeal arises from a dispute over the proceeds from the sale of a Florida condominium unit once owned by a Tennessee partnership but titled in the name of two of its partners. When the successor to the partnership's interest in the unit undertook to sell it, one of the owners of record agreed to sign the deed only if the proceeds were placed in escrow while the parties attempted to resolve his claim to one-half of the funds. When the parties failed to agree on a distribution of the proceeds, the escrow holder filed an interpleader action in the Chancery Court for Davidson County. Following a bench trial, the trial court awarded the escrowed proceeds to the partnership's successor after determining that the owner of record was estopped to invoke the statute of frauds to defeat the successor's claim. We have determined that the trial court reached the correct result because the owner of record no longer possessed a beneficial interest in the unit. Accordingly, we affirm the judgment. http://www.tba.org/tba_files/TCA/leckronejdcorr.wpd
GALE SMITH & COMPANY, INC. v. THE GOVERNORS CLUB, L.L.C. Court:TCA Attorneys: Scott K. Haynes and Austin L. McMullen, Nashville, Tennessee, for the appellant, The Governors Club, L.L.C. Mark B. Reagan, Nashville, Tennessee, for the appellee, Gale Smith & Company, Inc. Judge: LILLARD First Paragraph: This is a breach of contract case. The defendant real estate developer developed a golf club. The plaintiff insurance broker entered into an insurance binder with the manager of the golf club. The "master" binder covered five separate properties with which the manager was involved. The binder listed another of the manager's entities as the insured. The manager was later terminated by the defendant and a new management company was hired to manage the golf club. The insurance broker then issued a separate policy naming the defendant as the insured and sent invoices for the unpaid premiums to the new management company. The management company declined to pay the premiums. The insurance broker then filed suit against the defendant. The trial court entered a judgment for the insurance broker for all unpaid premiums due under the insurance binder, plus interest. We affirm, finding that manager had the apparent authority to enter into an insurance contract and that there was a contract for insurance between the parties. http://www.tba.org/tba_files/TCA/smithg1.wpd
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