Opinion FlashFebruary 26, 2004
Volume 10 Number 038
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
FLOYD BOULDIN v. WARREN COUNTY SHERIFF'S DEPARTMENT AND WARREN COUNTY, TENNESSEE Court:TSC - Workers Comp Panel Attorneys: Larry B. Stanley, McMinnville, Tennessee, for Appellants, Warren County Sheriff's Department and Warren County, Tennessee. Barry Medley, McMinnville, Tennessee, for Appellee, Floyd Bouldin. Judge: TURNBULL First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3). Defendant challenges the admission of expert medical opinion as based on erroneous records and insists the amount of the award is excessive because it exceeds the two and one-half times cap. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/bouldinfl.wpd
MICHAEL WAYNE PHILLIPS v. LIBERTY MUTUAL INSURANCE COMPANY and UNITED PARCEL SERVICE Court:TSC - Workers Comp Panel Attorneys: David T. Hooper, Brentwood, Tennessee, for Liberty Mutual Insurance Company and United Parcel Service, Inc., Appellants. William Joseph Butler and E. Guy Holliman, McMinnville, Tennessee, for Michael Wayne Phillips, Appellee. Judge: TURNBULL First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of Findings of Fact and Conclusions of Law. The trial court found plaintiff suffered a compensable injury to his back, sustained a forty-eight percent permanent partial disability to the body as a whole, suffered a compensable carpal tunnel injury to his right arm, and sustained a twenty-five percent permanent partial disability to the right arm. The employer challenges the compensability of the arm injury and the amount of each award. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/phillipsmw.wpd
CHARLES BROWN, ET AL. v. CROWN EQUIPMENT CORPORATION Court:TCA Attorneys: Lisa June Cox, Jackson, Tennessee, Gerson H. Smoger, Dallas, Texas and J. Brent Austin, Lexington, Kentucky, for the appellants, Charles Brown, Barbara Sue Reynolds and Howard Reynolds. Thomas J. Cullen, Jr., Baltimore, Maryland and William W. Dunlap, Jr. and Shannon E. Holbrook, Memphis, Tennessee, for the appellee, Crown Equipment Corporation. Judge: FARMER First Paragraph: Plaintiffs filed suit against Defendant, seeking compensatory and punitive damages based on injuries allegedly caused by the defective nature of Defendant's forklifts. At the conclusion of Plaintiffs' and Defendant's expert testimony, the trial court granted Defendant's motion to exclude Plaintiffs' experts and the Defendant's motion for directed verdict. Plaintiffs appeal these decisions. We affirm. http://www.tba.org/tba_files/TCA/brownc.wpd
CREW ONE PRODUCTIONS, INC. v. STATE OF TENNESSEE Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General and Heather C. Ross, Senior Counsel, for the appellant, State of Tennessee. Willis Jackson, Knoxville, Tennessee, for the appellee, Crew One Productions, Inc. Judge: FARMER First Paragraph: This is an employment tax case. The State of Tennessee appeals the determination of the Tennessee Claims Commission that Crew One Productions is not liable for Tennessee employment tax by virtue of a federal safe harbor provision known as section 530. We reverse, holding Tennessee is not bound by the federal safe harbor provision. http://www.tba.org/tba_files/TCA/crewoneproductions.wpd
PATRICIA A. DYE and ROGER L. QUILLEN, CO-ADMINISTRATORS OF THE ESTATE OF JIMMY DOYLE DYE, DECEASED, ET AL. v. R. LOUIS MURPHY, M.D., ET AL. Court:TCA Attorneys: Robert P. Starnes, Norton, Virginia, for the appellants, Patricia A. Dye and Roger L. Quillen, Co- Administrators of the Estate of Jimmy Doyle Dye, Deceased. Timothy G. Wehner and Lee R. Sparks, Jackson, Tennessee, for the appellee, Dr. Roger Woods. Judge: FARMER First Paragraph: This appeal arises from the trial court's award of summary judgment to the Defendant in a medical malpractice action. The trial court awarded summary judgment based on the statute of limitations. We affirm. http://www.tba.org/tba_files/TCA/dyepat.wpd
IN RE: ESTATE OF ERIN MURRAY JONES Court:TCA Attorneys: Carrol D. Kilgor, Nashville, Tennessee, for the appellants, Raymond Burnett and Evie Moore. John A. Day, Rebecca C. Blair and Vincent Zuccaro, Brentwood, Tennessee, for the appellees, Sonnie E. Potts and Virginia S. Potts. Michael H. Johnson, Nashville, Tennessee, for the appellant, Mary McGowan. Jerry Scott, Murfreesboro, Tennessee, for the appellee, Lucy DePriest. Peggy D. Mathes, Guardian Ad Litem, Nashville, Tennessee, for the appellees, minor children. William L. Harbison, Mark T. Smith, Nashville, Tennessee, for the appellee, Kimberly Ingram. Judge: FARMER First Paragraph: This appeal is from a will contest. The trial court entered judgment according to the terms of a settlement agreement between the parties. Appellants contend they withdrew their agreement to the settlement before approval of the agreement by the trial court. They accordingly submit the agreement is not enforceable. We affirm judgment of the trial court enforcing the terms of the settlement agreement. http://www.tba.org/tba_files/TCA/estatejoneserinm.wpd
ROY V. SMITH, II v. GRACE HUTCHISON (BLAIR) Court:TCA Attorneys: Barbara A. Deere and Thomas E. Weakley, Dyersburg, Tennessee, for the appellant, Roy V. Smith, II. Dean P. Dedmon, Dyersburg, Tennessee, for the appellee, Grace Hutchison (Blair). Judge: FARMER First Paragraph: Father filed a petition for an initial determination of custody against the Mother. Father alleged that he was the fit and proper person for the custody of the child. Based on the evidence presented at trial, the juvenile court entered a judgment and permanent parenting plan which found that the Mother was more comparatively fit to continue serving as the primary residential caregiver. Father appeals the trial court's judgment. We affirm. http://www.tba.org/tba_files/TCA/smithroyv.wpd
LINDA WARD, Individually and as Natural Child and Surviving Next of Kin of NELLIE M. CURLIN, deceased v. AMI SUB (SFH), INC., ET AL. Court:TCA Attorneys: Randal J. Phillips and Robert N. Russ, Jackson, Tennessee, for the appellant, Linda Ward. John C. Ryland and Michael G. McLaren, Memphis, Tennessee, for the appellee, Luis A. Fiallo, M.D. Judge: FARMER First Paragraph: This appeal arises from a medical malpractice action. The trial court awarded Defendant Luis A. Fiallo, M.D., summary judgment based on the statute of limitations and statute of repose. We affirm. http://www.tba.org/tba_files/TCA/wardl.wpd
GEORGE PICKLE v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert B. Gaia, Memphis, Tennessee, for the appellant, George Pickle. Paul G. Summers, Attorney General & Reporter; Michelle R. Chapman, Assistant Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: This matter is before the Court upon the State's motion to affirm the judgment of the trial court by opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. The Petitioner fails to assert a ground of relief entitling him to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/pickle.wpd
STATE OF TENNESSEE v. CHRISTOPHER JEROME TAYLOR Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee (on appeal) and Shana McCoy-Johnson, Somerville, Tennessee (at trial and of counsel on appeal), for the appellant, Christopher Jerome Taylor. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Thomas E. Williams, III, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Terry Dycus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Fayette County jury convicted the Defendant, Christopher Jerome Taylor, of possession of more than 0.5 grams of cocaine with intent to deliver, possession of more than 0.5 ounces of marijuana with intent to deliver, and felony possession of a handgun. Following a sentencing hearing, the trial court imposed concurrent sentences of eighteen years for cocaine possession, three years for marijuana possession, and three years for felony possession of a handgun. On appeal, the Defendant contends: (1) that insufficient evidence exists in the record to support his convictions; and (2) that his sentence is excessive. Finding no reversible error, we affirm the trial court's judgments. http://www.tba.org/tba_files/TCCA/taylorcj.wpd
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