Opinion Flash

May 5, 2003
Volume 9 — Number 081

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):
00 New Opinion(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


MUHANNAD H. AL-RUSHEIDAT v. DOMINO'S PIZZA, INC.

Court:TSC - Workers Comp Panel

Attorneys:   

Martin S. Sir, Nashville, Tennessee, for appellant, Muhannad H.
Al-Rusheidat.

Hal W. Wilkins, Nashville, Tennessee, for appellee, Domino's Pizza,
Inc.

Judge: BYERS

First Paragraph:

The plaintiff brought this action to recover for injuries he alleges
he sustained as a result of an automobile accident on April 13, 1996,
while in the course of his employment with the defendant.  The trial
judge found the plaintiff's complaints of pain and subsequent medical
treatment were not caused by the accident.  The plaintiff appeals from
this judgment.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/al-rusheidat.wpd
								
CLOIS JUNIOR CLARK v. PETERBILT MOTOR COMPANY Court:TSC - Workers Comp Panel Attorneys: Terry L. Hill and Stacey Billingsley Cason, Nashville, Tennessee, for the appellant, Peterbilt Motor Company. William Joseph Butler, Lafayette, Tennessee, for the appellee, Cloise Junior Clark. Judge: BYERS First Paragraph: The plaintiff filed this compensation complaint in which he alleged he sustained injury to both arms as a result of continuing repetitive use thereof while working as a welder for the plaintiff. The trial judge found in favor of the plaintiff and awarded him temporary total disability benefits and found he had sustained a 30 percent permanent partial impairment to both arms. The defendant contends the trial judge erred in finding the plaintiff's medical problems arose out of and in the course of his employment and that the award of 30 percent impairment to each arm was excessive. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/clarkclois.wpd
FRANCISCO JAUER GUTIERREZ, et al. v. ARISTEO MARTINEZ Court:TSC - Workers Comp Panel Attorneys: D. Brett Burrow and Joel W. Brasfield, Nashville, Tennessee, for the appellants, Francisco Jauer Gutierrez, Individually and as Owner of Old El Paso Construction, and Realm National Insurance Company. C. Tracey Parks, Gallatin, Tennessee, for the appellee, Aristeo Martinez. Judge: BYERS First Paragraph: The trial judge found the plaintiff sustained a 75 percent permanent partial disability to the body as a whole as a result of an injury which he suffered in the course of his employment with the defendant. The defendant contends the trial court erred in not finding the plaintiff sustained an injury to a scheduled member rather than to the body as a whole. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/gutierrezf.wpd
DEBBY M. LAVENDER v. SATURN CORPORATION Court:TSC - Workers Comp Panel Attorneys: Ann Buntin Steiner, Nashville, Tennessee, for the appellant, Debby M. Lavender. Thomas H. Peebles and Terrence O. Reed, Columbia, Tennessee for the appellee, Saturn Corporation. Judge: BYERS First Paragraph: The trial court found the plaintiff had failed to show that she sustained any permanent disability as a result of an injury by accident arising out of and in the course of her employment with the defendant. The plaintiff appeals from the trial court judgment and says the trial court finding was erroneous, and says also that the trial judge should have recused himself because one of the physicians who testified in the case was treating the trial judge's wife. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/lavenderd.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0505.wpd
CARLENE MALONE, et al. v. THE CITY OF KNOXVILLE Court:TCA Attorneys: Gregory P. Isaacs, Knoxville, Tennessee, for the Appellants, Carlene Malone and Nick Pavlis Michael S. Kelley and Hillary B. Jones, Knoxville, Tennessee, for the Appellee, the City of Knoxville Judge: GODDARD First Paragraph: In this appeal from the Chancery Court for Knox County the Plaintiffs/Appellants, Carlene Malone and Nick Pavlis, contend that the Trial Court erred in dismissing their suit against the Defendant/Appellee, the City of Knoxville, upon grounds that they lacked proper standing to bring suit against the City. We affirm the ruling of the Trial Court and the cause is remanded for collection of costs below. http://www.tba.org/tba_files/TCA/malonec.wpd
BYRON M. EDWARDS v. STATE OF TENNESSEE Court:TCCA Attorneys: Maurice Briere, Knoxville, Tennessee, for the Appellant, Byron M. Edwards. Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan, Assistant Attorney General; Michael L. Flynn, District Attorney General; Edward P. Bailey, Jr., Assistant District Attorney General; and Kirk Andrews, Assistant District Attorney General. Judge: WITT First Paragraph: Byron M. Edwards appeals the denial of his petition for post-conviction relief attacking his jury conviction for aggravated robbery and for which he was sentenced to 30 years. He argues that he received ineffective assistance of counsel in connection with a plea offer by the state that he rejected. Following our review, we affirm the post-conviction court's denial of the petition. http://www.tba.org/tba_files/TCCA/edwardsb.wpd
Constitutionality of Act Restricting the Sale or Trafficking of Pornographic, X-rated Materials Date: May 1, 2003 Opinion Number: 03-056 http://www.tba.org/tba_files/AG/2003/OP56.pdf
Removal of Recorded Deed Date: May 1, 2003 Opinion Number: 03-057 http://www.tba.org/tba_files/AG/2003/OP57.pdf

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