Opinion Flash

March 17, 2004
Volume 10 — Number 052

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

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


MARCINA JELKS v. THE TRAVELERS INSURANCE CO.

Court:TSC - Workers Comp Panel

Attorneys:                          

Kevin J. Youngberg and Zach C. Luttrell, Allen, Kopet & Associates,
Jackson, Tennessee, for the appellant, The Travelers Insurance Company

David Hardee, Hardee & Martin, Jackson, Tennessee, for the appellee,
Marcina Jelks

Judge: LOSER

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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employer questions the trial court's findings as to
permanency and extent of vocational disability.  As discussed below,
the panel has concluded the evidence fails to preponderate against the
findings of the trial court.

http://www.tba.org/tba_files/TSC_WCP/jelks.wpd

PEGGY BAILEY, ET AL. v. DR. JOHN J. TASKER

Court:TCA

Attorneys:                          

Richard A. Spivey, Kingsport, Tennessee, for the appellants, Peggy
Bailey and Gary Bailey.

Jeffrey M. Ward, Greeneville, Tennessee, for the appellee, Dr. John J.
Tasker.

Judge: SUSANO

First Paragraph:

Peggy Bailey and her husband, Gary Bailey , sued Dr. John J. Tasker
for wrongful conduct in connection with two separate surgeries, one on
April 10, 1997, and another on June 24, 1999.  The trial court granted
the defendant's motion for summary judgment, finding that the material
filed by the parties fails to reflect a genuine issue of material fact
and that the record before it demonstrates conclusively (1) that the
defendant did not violate the applicable standard of care, and (2)
that the plaintiffs' claims were filed outside the period of the
applicable statutes of limitations and of repose.  The plaintiffs
appeal.  We affirm.

http://www.tba.org/tba_files/TCA/baileyp.wpd

ALBERT THOMPSON v. PATRICIA CHAFETZ

Court:TCA

Attorneys:                          

Warner Hodges, III of Germantown For Appellant, Albert Thompson

Eugene J. Podesta, Jr. of Memphis For Appellee, Patricia Chavetz

Judge: CRAWFORD

First Paragraph:

This is an appeal from an Order denying Appellant's Tenn. R. Civ. P.
60 Motion, which sought relief from the grant of Appellee's Motion for
Summary Judgment.  Appellant's attorney failed to set the Motion for
hearing until some nineteen (19) months after the entry of the Order
granting summary judgment.  The trial court found that the attorney's
failure to prosecute resulted in prejudice to Appellee and denied the
Rule 60 Motion.  We affirm

http://www.tba.org/tba_files/TCA/thompna.wpd

STATE OF TENNESSEE v. JOHN CHRIS ELROD

Court:TCCA

Attorneys:                          

J. Hilton Conger, Smithville, Tennessee, for the appellant, John Chris
Elrod.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; C. Dale Potter, District Attorney General;
and Larry G. Bryant, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, John Chris Elrod, was indicted by the Warren County
Grand Jury on one count of aggravated kidnapping, a Class B felony,
and one count each of assault and vandalism under $500, both Class A
misdemeanors.  He  pled guilty to the Class A misdemeanors of false
imprisonment, assault, and vandalism under $500 and was sentenced to
eleven months, twenty-nine days at 75% on each count with counts one
and two consecutive and count three concurrent with count one.  In
this appeal as of right, the defendant contends that the trial court
abused its discretion in imposing consecutive sentences for two
misdemeanors arising from the same episode.  Following our review, we
affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/elrodjohnc.wpd

STATE OF TENNESSEE V. SHERMAN T. MASON, JR.

Court:TCCA

Attorneys:                          

Leslie M. Jeffress, Knoxville, Tennessee, for the appellant, Sherman
T. Mason, Jr.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; Zane Scarlett, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The trial court revoked the probation of the appellant, Sherman T.
Mason, Jr., as a result of his second probation violation warrant. 
Consequently, he was ordered to serve the balance of his effective
twenty-year sentence.  On appeal, the appellant argues that the trial
court erred in revoking his probation and ordering him to serve out
the remainder of his sentence in confinement.  We affirm the decision
of the trial court.

http://www.tba.org/tba_files/TCCA/masonsherman.wpd

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