April 25, 2003
Volume 9 Number 075
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):
||New Opinion(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Court of Appeals
||New Opinion(s) from the Tennessee Court of Criminal Appeals
||New Opinion(s) from the Tennessee Attorney General (PDF format)
||New Judicial Ethics Opinion(s)
||New Formal Ethics Opinion(s) from the Board of Professional Responsibility
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.
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.
Howard H. Vogel
SUPRENA BROOKS, et al. v. MICHAEL BROOKS
Suprena Brooks, Pro Se
Michael K. Brooks, Pro Se
This is a pro se proceeding apparently seeking property allegedly due
plaintiffs pursuant to a decedent's will which has not been probated
and to award plaintiffs a money judgment against the executor named in
the will. After a nonjury trial, the trial court granted judgment to
defendant. Plaintiffs have appealed. We affirm.
THE TOWN OF COLLIERVILLE, TENNESSEE v. NORFOLK SOUTHERN RAILWAY
COMPANY, JANE PORTER FEILD and JOEL H. PORTER, and SCHILLING, INC.
Ralph T. Gibson, Memphis, Tennessee, for appellant, Norfolk Southern
Robert A. McLean and Georgia A. Robinette, Memphis, Tennessee, for
appellee, Town of Collierville, Tennessee.
John McQuiston, II, Memphis, Tennessee, for appellee, Schilling, Inc.
Joel H. Porter, Memphis, Tennessee, for appellees, Joel H. Porter and
Jane Porter Feild.
This is a condemnation case on appeal for the second time. At three
places at which roads were to cross over an existing railroad track,
the town filed a petition to condemn property in which the railroad
owned a right-of-way, in order to build railroad crossings. The trial
court initially found that the railroad could not challenge the town's
right to take the property and granted the town's motion for the writs
of possession. The railroad appealed for the first time. In the
first appeal, this Court reversed the trial court and found that the
railroad was entitled to a hearing to determine whether the railroad
crossings would materially impair or interfere with the railroad's
prior use of the rights-of-way. On remand, the trial court found that
they would not, thus concluding that the town had the right to condemn
the property. The trial court then considered the damages for the
condemnation. The railroad sought incidental damages related to its
depreciation costs, as well as costs for its increased exposure to
liability because of the additional crossings. The trial court
determined that the railroad, as a matter of law, could not recover
depreciation costs, and also held that the railroad failed to produce
proof to support an award of damages for increased liability exposure.
The railroad appeals. We affirm, finding that the railroad can
recover neither depreciation costs nor damages for increased exposure
to liability from the additional crossings.
STATE OF TENNESSEE ex rel. THE COMMISSIONER OF THE DEPARTMENT OF
TRANSPORTATION v. TOMMIE GOODWIN and ARLENE GOODWIN
Paul G. Summers, Attorney General & Reporter, and George G. Boyte,
Jr., Assistant Attorney General, Jackson, Tennessee, for the
appellant, State of Tennessee ex rel. Commissioner of the Department
Richard Gossum, Trenton, Tennessee, for the appellees, Tommie Goodwin
and Arlene Goodwin.
This is a condemnation case. The State filed a petition to condemn a
portion of property owned by the defendants for the improvement of a
highway. The defendants did not challenge the State's right to
condemn the property, but they asserted that the amount proffered by
the State as payment for the property was inadequate. After a jury
trial, the jury returned a verdict of $13,500. The defendants moved
for a new trial or, in the alternative, for an additur. The trial
court concluded that the jury's verdict did not adequately compensate
the defendants for either their financial loss or the loss to their
business resulting from the condemnation, so it granted the motion for
an additur, suggesting an additur of $12,000. The State accepted the
additur under protest and now appeals. We affirm, finding that the
trial court's suggested additur did not constitute an impermissible
award for lost profits.
GINGER SWEETON v. ANGELA ORANGE, et al.
Marshall A. Raines, Jr., Jasper, For Appellant, Ginger Sweeton
James S. Stephens, Tracy City, For Appellees, Angela Orange, James
Orange, and David Caldwell
This is a dispute between two adjoining property owners concerning the
location of the common boundary between their respective properties.
A survey of the line indicates that the land in question is property
of Appellees. Appellant contends that, due to actions taken by her
predecessors in interest, she has claim to the property by virtue of
adverse possession. The trial court found that the land in question,
with the exception of certain buildings used for storage, is the
property of Appellees. Appellant appeals. We affirm.
SHARON TAYLOR v. DOUGLAS BUTLER and CITY AUTO SALES
Sam F. Cole, Jr., Memphis, Tennessee, for the appellant, Sharon
Joseph D. Barton, Millington, Tennessee, for the appellees, Douglas
Butler and City Auto Sales.
This case involves the enforceability of an arbitration agreement. In
June 1998, the plaintiff signed a contract to buy a used car from the
defendant car dealership for approximately $10,000. In the sales
contract, the plaintiff agreed to pay the dealership approximately
$1,000 as a down payment on the car and finance the remainder. The
sales contract included an arbitration provision. The plaintiff gave
the dealership the down payment, and the dealership gave the plaintiff
possession of the car pending final approval of the financing.
Approximately a week later, the car dealership told the plaintiff that
her application for financing had been rejected, and asked her to
return the car. The plaintiff refused. The dealership then
repossessed the car and kept the down payment and other personal
property that the plaintiff had in the car. The plaintiff sued the
dealership, claiming fraud, violation of the Tennessee Consumer
Protection Act, and conversion. The dealership filed a motion to
dismiss, arguing that the plaintiff's claims were subject to the
arbitration provision in the sales contract. The trial court
dismissed the plaintiff's lawsuit, and the plaintiff now appeals. We
reverse, finding that the plaintiff stated a claim for fraudulent
inducement of the contract, which is not subject to the arbitration
MARGARET WIGHTMAN v. TRUMAN D. CLOUSE and wife, BETTY SUE CLOUSE, and
OPINION ON PETITION FOR REHEARING
Constitutionality of Imposing the Tennessee Sales Tax on Newspaper
Date: April 16, 2003
Opinion Number: 03-045
Date: April 16, 2003
Opinion Number: 03-046
Mandatory testing to determine blood alcohol level
Date: April 22, 2003
Opinion Number: 03-047
Liability of Driver to Passengers Not Wearing Safety Belts
Date: April 22, 2003
Opinion Number: 03-048
Reverse Raffle and Auction as Lottery
Date: April 22, 2003
Opinion Number: 03-049
Bail Bond Secured by Real Estate
Date: April 22, 2003
Opinion Number: 03-050
Powers of the Watauga River Regional Water Authority
Date: April 23, 2003
Opinion Number: 03-051
Constitutionality of H.B. 652
Date: April 24, 2003
Opinion Number: 03-052
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 THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.
To join the TBA go to: http://www.tba.org/join_bar.mgi
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! Sign up for text or HTML version.
Visit the TBALink web site at: http://www.tba.org/op-flash.mgi
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi
Home Contact Us PageFinder What's New Help