Opinion FlashMarch 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):
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Howard H. Vogel
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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