Opinion FlashMay 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):
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Howard H. Vogel
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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