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TODAY'S OPINIONS: Thursday, September 29, 2005
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.

00 - TN Supreme Court
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 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

DAVID SHANE SALYERS v. JONES PLASTIC & ENGINEERING

Court: TWCA

Attorneys:

Clinton H. Scott, Jackson, Tennessee, for the Appellant, Jones Plastic & Engineering Company.

Charles L. Hicks, Camden, Tennessee, for the Appellee, David Shane Salyers.

Judge: CORLEW

From the determination by the trial court that the Worker sustained 28% vocational disability apportioned to the right leg, the Employer appeals. The Employer contends that the Worker‚s injuries neither arose out of nor occurred in the course of his employment. We conclude otherwise and, thus, affirm the trial court‚s judgment.

http://www.tba.org/tba_files/TSC_WCP/2005/salyersd92905.pdf


SUMMER TAYLOR v. CARHARTT, INC.,

Court: TWCA

Attorneys:

J. Arthur Crews, II and Michael J. Cash, Waldrop & Hall, Jackson, Tennessee, for the appellant.

Charles L. Hicks, Camden, Tennessee, for the appellee.

Judge: GOLDIN

This workers‚ compensation appeal has been referred to the Special Workers‚ Compensation Appeals Panel in accordance with the Tenn. Code Ann. Section §50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, employer, argues that the trial court erred in finding that the employee sustained a permanently disabling condition while employed with the appellant and that if she did, the trial court‚s award of 25% permanent partial disability to each arm is excessive and is contrary to the weight of the evidence. The appellee, employee, argues that the trial court‚s ruling was correct and should be affirmed. For the reasons discussed below, the panel has concluded that the judgment of the trial court should be affirmed in all respects.

http://www.tba.org/tba_files/TSC_WCP/2005/taylors92905.pdf


ROBIN E.O.S. CRASTER v. THRIFTY RENT-A-CAR SYSTEM, INC., et al.

Court: TCA

Attorneys:

John O. Threadgill, Knoxville, Tennessee, for appellants.

Brent R. Watson, Knoxville, Tennessee, for appellee.

Judge: FRANKS

The parties filed Motions for Summary Judgments. The Trial Court granted defendants‚ Motion which stated defendant was not a proper party and insurance policy issued to plaintiff did not cover plaintiff‚s damages. On appeal, we affirm.

http://www.tba.org/tba_files/TCA/2005/crasterr92905.pdf


LARRY AND BRENDA MORRIS, d/b/a EAST TENNESSEE MOTORS v. INSURANCE AND INVESTMENT SOLUTIONS, INC.

Court: TCA

Attorneys:

M. Drew Robinson, Cleveland, Tennessee, for appellants, Larry and Brenda Morris d/b/a/ East Tennessee Motors.

Cynthia D. Hall, Chattanooga, Tennessee, for appellee, Insurance and Investment Solutions, Inc.

Judge: INMAN

The plaintiffs suffered damage to personal property at a location other than as described in a policy of insurance. They failed in their attempt to recover on the policy, and filed suit against the issuing agency, claiming that the agency knew or should have known that they desired coverage not only at their business address but also at their residence. The signed application listed only their service address, and the loss occurred at their residence. Summary judgment was entered for the defendant.

http://www.tba.org/tba_files/TCA/2005/morrisl92905.pdf


CAROL MURPHY v. JENNIFER ANN JANOWITZ

Court: TCA

Attorneys:

Theodore Kern, Knoxville, Tennessee, for appellant.

Timothy Elrod, Knoxville, Tennessee, for appellee.

Judge: FRANKS

Respondent appeals to set aside an Order of Protection entered by the Trial Court. She argues the evidence does not support the Order. We affirm.

http://www.tba.org/tba_files/TCA/2005/murphyc92905.pdf


RON SEARCY, D/B/A RESTORATION CONTRACTORS v.

Court: TCA

Attorneys:

Michael W. Edwards and Russell E. Edwards, Hendersonville, Tennessee, for the appellant, John Herold.

Paula Ogle Blair, Nashville, Tennessee, for the appellee, Ron Searcy.

Judge: KOCH

This appeal involves a dispute between a homeowner and a contractor over the validity of an arbitration award. After the arbitrator awarded the contractor $52,725, the contractor filed a complaint in the Circuit Court for Sumner County to confirm the award and to recover the costs of the arbitration. The homeowner challenged the award on the ground that he had not been afforded a hearing. The contractor filed a motion for summary judgment, a motion to dismiss the homeowner‚s counterclaim, and a motion for attorney‚s fees under the arbitration agreement. The trial court, granting the contractor‚s motions, confirmed the $52,725 arbitration decision and awarded the contractor $500 in arbitration expenses and $2,205 in attorney‚s fees. The homeowner has appealed. We have determined that the arbitration award must be vacated because of the arbitrator‚s failure to provide the parties a hearing before rendering his decision.

http://www.tba.org/tba_files/TCA/2005/searcyr92905.pdf


TEXACO REFINING & MARKETING, INC. v. STATE OF TENNESSEE
Corrected Case

Court: TCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Elizabeth P. McCarter, Senior Counsel, for the appellant, State of Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks.

Howard E. Jarvis and Tony R. Dalton, Knoxville, Tennessee, for the appellee, Texaco Refining & Marketing, Inc.

Judge: CLEMENT

Texaco Refining & Marketing, Inc. applied for reimbursement of remediation expenses pursuant to the Tennessee Petroleum Underground Storage Tank Act. When Texaco‚s application was denied by the Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, Texaco filed this Declaratory Judgment action seeking a ruling that it was eligible for reimbursement from the storage tank fund. The Chancery Court granted Texaco‚s motion for summary judgment from which the Department appeals. We reverse finding Texaco was not in substantial compliance with the Act because it failed to timely report releases of petroleum, and it had no vested right to reimbursement.

Corrected Case (Chancellor's name was wrong)
http://www.tba.org/tba_files/TCA/2005/texacocorr92905.pdf


STATE OF TENNESSEE v. ADAM DEWEY HOUSEHOLDER

Court: TCCA

Attorneys:

Julie A. Rice, Knoxville, Tennessee (on appeal), and Craig Garrett, Maryville, Tennessee (at trial), for the appellant, Adam Dewey Householder.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Rocky H. Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Adam Dewey Householder, pled guilty to theft over $10,000, a Class C felony. He received a four year sentence, with nine months to be served in the county jail and the remainder on supervised probation. In addition, he was ordered to pay $26,820.00 in restitution. On appeal, he argues that the trial court erred in denying judicial diversion and in ordering a sentence of split confinement. Following our review, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/householdera92905.pdf


STATE OF TENNESSEE v. PATRICK HYDER

Court: TCCA

Attorneys:

Donald E. Spurrell, Johnson City, Tennessee, for the appellant, Patrick Hyder.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; Dennis Dwayne Brooks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

A Washington County Criminal Court jury convicted the defendant, Patrick Hyder, of two counts of aggravated sexual battery, a class B felony, and the trial court sentenced him to eight years for each count to be served concurrently in the Department of Correction. The defendant appeals, contending that the trial court erred in reassembling the jury to announce its verdict and polling the jury after it had been discharged. We affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/hyderp92905.pdf


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