Opinion Flash

May 10, 2004
Volume 10 — Number 090

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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0510.wpd

ALLIE JANE COLLINS and husband, CLE COLLINS, v. DANA EDWARDS, M.D.,
and ROBERT HUNT, M.D.

Court:TCA

Attorneys:                          

Timothy M. Pierce, Knoxville, Tennessee, for Appellants.

Jeffrey M. Ward, Greeneville, Tennessee, for Appellee, Dana Edwards,
M.D.

Ronald L. Grimm, Knoxville, Tennessee, for Appellee, Robert Hunt, M.D.

Judge: FRANKS

First Paragraph:

The Trial Judge dismissed this medical malpractice action on the
ground that the statute of limitations had run.  On appeal, we vacate
and remand.

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

RUSKIN A. VEST, JR., ET AL. v. DUNCAN-WILLIAMS, INC. 

Court:TCA

Attorneys:                          

Allan J. Wade and Lori Hackleman Patterson, Memphis, Tennessee, for
the Appellant, Duncan- Williams, Inc.

H. Naill Falls, Jr., Nashville, Tennessee, for the Appellees, Ruskin
A. Vest, Jr. and Industrial Products Co., Inc.

Judge: FARMER

First Paragraph:

Plaintiffs sued Defendant alleging that Defendant was negligent,
breached its fiduciary duty, and committed fraud and state securities
act violations in brokering the sale of municipal bonds to plaintiffs.
 Defendant filed a motion to dismiss for lack of subject matter
jurisdiction and improper venue based upon an arbitration agreement
Plaintiffs entered into with a third party.  The trial court denied
Defendant's motion to dismiss and Defendant appealed.  After reviewing
the record, we hold that Defendant has failed to prove that it is an
intended third party beneficiary of the arbitration agreement.  We
affirm.

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

DONNA S. YOUNG v. FRED C. HARTLEY, M.D., ET AL.

Court:TCA

Attorneys:                          

Donna Sue Young, Johnson City, Tennessee, pro se Appellant.

James E. Brading; Charles T. Herndon, IV; and Bradley E. Griffith;
Johnson City, Tennessee, for the Appellee, Fred. C. Hartley, M.D.

Judge: SWINEY

First Paragraph:

Donna S. Young ("Plaintiff") sued Fred C. Hartley, M.D. ("Defendant") 
claiming that during a tubal ligation, Defendant negligently performed
additional surgeries upon Plaintiff's vaginal area without her consent
and that those extra surgeries caused Plaintiff to suffer physical and
emotional damage.  After trial, the jury returned a verdict in
Defendant's favor.  Plaintiff appeals raising, among other things,
several questions regarding the admission of evidence at trial.  We
affirm.

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

STATE OF TENNESSEE v. IRA ISHMAEL MUHAMMED,  alias IRA ISHAMEL MUHAMMED

Court:TCCA

Attorneys:                          

Clayton M. Whittaker, Chattanooga, Tennessee (on appeal); John Cavett
and Barry Abbott, Chattanooga, Tennessee (at trial), for the
appellant, Ira Ishmael Muhammed.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Barry A. Steelman and Christopher D. Poole, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Ira Ishmael Muhammed, was convicted of attempted second
degree murder, a Class B felony; two counts of aggravated assault,
Class C felonies; attempted voluntary manslaughter, a Class D felony;
and felony reckless endangerment which the trial court, acting as
thirteenth juror, dismissed at the sentencing hearing.  He was
sentenced as a Range I, standard offender to twelve years for the
attempted second degree murder conviction, six years for each
aggravated assault conviction, and four years for the attempted
voluntary manslaughter conviction, with the sentences to be served
consecutively, for an effective sentence of twenty-eight years.  On
appeal, the defendant argues:  (1) the trial court erred in admitting
an audiotape of telephone conversations between him and his ex-wife,
one of the victims; (2) the trial court erred in not suppressing an
audiotape of statements he made shortly after being shot; (3) the
trial court erred in imposing consecutive sentencing; and (4) the
application of consecutive sentencing is unconstitutional.  Following
our review, we affirm the judgments of the trial court.

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

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