Opinion Flash

June 14, 2004
Volume 10 — Number 114

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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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


ROADWAY EXPRESS, INC. V.  BARON JENKINS

Court:TSC - Workers Comp Panel

Attorneys:                          

David T. Hooper, Brentwood, Tennessee for appellant, Roadway Express,
Inc.

Peter M. Olson, Clarksville, Tennessee, for appellee, Baron Jenkins

Judge: PAGE

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated section 50- 6-225(e)(3) for hearing and
reporting to the Supreme Court of the findings of fact and conclusions
of law.  In this appeal, the employer contends that the trial court
erred in holding that the employee proved by a preponderance of the
evidence that the aggravation of his pre- existing back condition was
caused by a June 23, 1999 work-related accident.  The employer also
argues that the trial court erred in holding that the employee had
proven by a preponderance of the evidence that he suffered a 40%
permanent partial disability to the body as a whole as a result of the
same work-related accident.  The employer has filed a motion
requesting that this Court consider post-judgment facts. 
Specifically, the employer requests that this Court consider the fact
that the employee returned to work for the employer during the
pendency of this appeal.  Under the unique circumstances of this case,
we decline to consider the post-judgment facts.  We find no error and
affirm the judgment of the trial court.

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

WESTERN EXPRESS, INC. V. GIOVANNI ORLANDO

Court:TSC - Workers Comp Panel

Attorneys:                          

J. Bartlett Quinn, Chattanooga, Tennessee for appellant, Western
Express, Inc.

James S. Stephens, Manchester, Tennessee, for appellee, Giovanni
Orlando

Judge: PAGE

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated section 50- 6-225(e)(3) for hearing and
reporting to the Supreme Court of the findings of fact and conclusions
of law.  In this appeal, the employer contends that the trial court
erred in adopting the medical opinion of Dr. Richard Fishbein over the
opinion of Dr. Todd Bonvallet with respect to permanent medical
impairment.  The employer also contends that the trial court erred in
awarding 26% permanent partial disability.  We find no error and
affirm the judgment of the trial court.

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

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0614.wpd

STATE OF TENNESSEE v. MARY MURR TURNER

Court:TCCA

Attorneys:                          

Susanna L. Thomas, Newport, Tennessee, for the appellant, Mary Murr
Turner.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and James B. Dunn, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant, Mary Murr Turner, pled guilty to accessory after the
fact, and the Cocke County trial court sentenced her to one year
incarceration as a Range I standard offender.  On appeal, the
defendant contends the trial court erred in denying probation.  We
affirm the judgment of the trial court.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2004 Tennessee Bar Association