GINA GUNN, ET AL. v. INDEPENDENT RADIOLOGY ASSOC., P.C., ET AL.
Court:TSC - Workers Comp Panel
S. Newton Anderson and Mildred Sabbatini, Memphis, Tennessee, for
Defendant/Appellant, The Hartford Insurance Company.
Jason A. Lee and David Brett Burrow, Nashville, Tennessee, for the
Defendant/Appellee, Realm National Insurance Company.
Paul Todd Nicks, Germantown, Tennessee, for Intervening Plaintiff,
Travelers Insurance Company.
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 findings of fact and conclusions of
law. In this appeal, the issue is which of the multiple insurance
carriers is responsible for paying the workers' compensation benefits
of Ms. Gina Gunn, the injured employee. The trial court ruled that
Hartford Insurance Company, the insurance carrier when Ms. Gunn
underwent surgery for carpal tunnel syndrome, was responsible for
payment. On the basis of recent developments in the law, the Panel has
concluded that the judgment of the trial court should be reversed and
that Realm National Insurance Company, the insurance carrier when Ms.
Gunn filed the notice of her injury, is liable for payments of Ms.
MARY ELIZABETH JACKSON v. SAMUEL WILLIAM BOWNAS, ET AL.
Francis A. Cain, Knoxville, Tennessee, for the appellants, Samuel
Bownas and Marybelle Bownas.
Keith McCord, Knoxville, Tennessee, for the appellee, Mary E. Jackson.
In this boundary dispute between two lot owners in adjacent
subdivisions, the trial court relied on an old fence line to establish
the boundary and award plaintiff damages for trespass. Given that the
deeds and surveys were inconclusive, it is appropriate to look to the
most reliable monumentation to establish the line. We affirm.
KNOXVILLE COMMUNITY DEVELOPMENT CORPORATION v. EMANUEL BAILEY
Carl W. Eshbaugh, Knoxville, Tennessee, for the appellant, Emanuel
James N. Gore, Jr., Knoxville, Tennessee, for the appellee, Knoxville
Community Development Corporation.
This case involves a dispute over compensation for property taken by
eminent domain. The Knoxville Community Development Corporation
insisted that the property was worth only $19,500 and deposited that
amount into the court. The landowner claimed it was worth much more.
Following a trial, the jury found the fair market value of the
property to be $25,700. The landowner appeals, contending that the
trial court erred in instructing the jury that they could consider the
tax assessment figures in their valuation of the property. We agree,
and we reverse the trial court.
STATE OF TENNESSEE EX REL. DEBRA MARDIS v. DAVID MARDIS
Paul G. Summers, Attorney General and Reporter; Stuart F.
Wilson-Patton, Senior Counsel, for the appellant, State of Tennessee,
ex. rel. Debra Mardis.
The Juvenile Court reduced the monthly amount of child support the
father was obligated to pay from $345 to $130. The State of Tennessee,
acting under Title IV-D of the Social Security Act, appealed the trial
court's determination. The State argues that the court should have
either maintained the father's support obligation at the presumptive
level of $345 or deviated downward from the guidelines in accordance
with the method enunciated by this court in the case of Casteel v.
Casteel. Although the trial court impermissibly used the mother's
income as a factor in calculating support, father was entitled to a
downward deviation, and the amount awarded was within guiding legal
principles. Accordingly, we affirm.
LESLEY LAPOINTE WALKER v. KENNETH WAYNE WALKER
Robin McKinney, Jr., Nashville, Tennessee, for Appellant, Kenneth
D.Scott Parsley, Nashville, Tennessee, for Appellee, Lesley LaPointe
Appellant was held in criminal contempt of court for failure to pay
alimony. We affirm the action of the trial court and find the appeal
to be frivolous.
Advising and Consulting with Business Clients under the Ethics Act
Date: June 17, 2005
Opinion Number: 05-096