Opinion Flash

July 30, 2004
Volume 10 — Number 146

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


SALLY QUALLS MERCER, ET AL. v. VANDERBILT UNIVERSITY, INC., ET AL.
CORRECTED OPINION

Court:TSC

Attorneys:                          

Clinton L. Kelly and F. Dulin Kelly, Hendersonville, Tennessee, for
the appellant-plaintiff, Sally Qualls Mercer.

G. Brian Jackson, Robert J. Walker, and Steven E. Anderson, Nashville,
Tennessee, for the appellee- defendant, Vanderbilt University, Inc.

Robyn E. Smith and William B. Hubbard, Nashville, Tennessee, for the
amicus curiae, Tennessee Hospital Association.

Judge: HOLDER

First Paragraph:

We granted this appeal, in part, to determine whether fault was
properly assessed against the patient in this medical malpractice
action.  We overrule Gray v. Ford Motor Co., 914 S.W.2d 464 (Tenn.
1996), and hold that fault may not be assessed against a patient in a
medical malpractice action in which a patient's negligent conduct
provides only the occasion for the medical attention, care, or
treatment which is the basis for the action.  We also hold that the
additional issues raised by the defendant are without merit.  We
therefore affirm the trial court's post-trial ruling that the
defendant is 100% at fault and is responsible for the full amount of
damages found by the jury.

CORRECTED OPINION
http://www.tba.org/tba_files/TSC/mercersq.wpd

DANNY L. DAVIS CONTRACTORS, INC. v. B. ALLEN HOBBS, ET AL.

Court:TCA

Attorneys:                          

Danny P. Dyer, Knoxville, Tennessee, for the appellant, Mullen
Construction Co., Inc.

John T. McArthur and Melanie E. Davis, Maryville, Tennessee, for the
appellee, Danny L. Davis Contractors, Inc.

Judge: SUSANO

First Paragraph:

Danny L. Davis Contractors, Inc. ("the plaintiff") sued (1) B. Allen
Hobbs and Pete Roach,  who together did business as BH Construction,
and (2) Mullen Construction Co., Inc., ("Mullen Construction"), a
Tennessee corporation, seeking to collect money owed under a contract
the plaintiff entered into with BH Construction for the performance of
electrical work in connection with the construction of a CiCi's Pizza
restaurant.  The general sessions court awarded a judgment against
Mullen Construction for $12,506.71.   Mullen Construction filed an
appeal bond, and the case was then tried de novo without a jury in the
trial court.  The trial court entered a judgment of $12,506.21 against
Mullen Construction.  Additionally, the trial court revoked the
contractor's license of Mullen Construction, with reinstatement
dependent upon the company satisfying the judgment.  Mullen
Construction appeals, contending that the trial court (1) abused its
discretion in admitting "hearsay" testimony into evidence; (2) erred
in finding Mullen Construction liable on the contract under an agency
theory; and (3) erred in revoking its contractor's license pursuant to
Tenn. Code Ann. S 62-6- 118 (1997).  We affirm.

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

JERRY LEE CHILTON v. DAVID MILLS, WARDEN

Court:TCCA

Attorneys:                          

Joe H. Walker, District Public Defender and Walter V. Johnson, II,
Assistant Public Defender, for the appellant, Jerry Lee Chilton.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and Roger Delp, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant appeals from the judgments of the trial court denying
him habeas corpus relief.  The trial court dismissed the petitions,
finding that they failed to state cognizable claims for habeas corpus
relief.  We affirm the judgments of the trial court.

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

Effect of Tenn. Code Ann. S 40-6-215 on Type of Process Available to
Initiate Contempt Proceeding for Non-Payment of Court-Ordered Fine

Date: July 27, 2004

Opinion Number: 04-124                         

http://www.tba.org/tba_files/AG/2004/op124.pdf

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