May 1, 2017
Vol. 20, No. 18
TAM Webinars
On-Site Events
Personal Injury Law Conference for Tennessee Attorneys
*Expanded to 2 days this year*
WHEN: THURSDAY & FRIDAY, SEPTEMBER 21-22
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL
SPEAKERS: Judge Thomas Frierson, Court of Appeals, Eastern District; Judge Ross
Hicks, Circuit Court, 19th Judicial District (Montgomery & Robertson counties); Chancellor
Ellen Hobbs Lyle, Davidson County Chancery Court/Business Court; Judge Walter Kurtz,
former Davidson County Circuit judge/former Tennessee senior judge; Laura Baker, Law
Offices of John Day, Brentwood; Brandon Bass, Law Offices of John Day, Brentwood; J.
Randolph Bibb, Lewis Thomason, Nashville; Jamie Durrett, Batson Nolan, Clarksville;
James Exum, Leitner, Williams, Dooley & Napolitan, Chattanooga; Steve Gillman, Pryor,
Priest, Harber, Floyd & Coffey, Knoxville; Michael H. Johnson, Howard, Tate, Sowell,
Wilson, Leathers, & Johnson, Nashville; Mary Ellen Morris, Kinnard, Clayton & Beveridge,
Nashville; Bryan Moseley, Moseley & Moseley, Murfreesboro; William J. Rieder, Spears,
Moore, Rebman & Williams, Chattanooga; and Melanie Stewart, Heaton & Moore, Memphis.
PRICING: $497 (full program) ($427 for any additional attendees from same firm);
$347 (one day only); and $247 (materials only)
*Take $50 off until August 11 (early bird discount)*
PRICING: $497 (full program) ($427 for any additional attendees from same firm);
$347 (one day only); and $247 (materials only)
$50 early bird discount until September 1 (October conference)
$50 early bird discount until October 20 (December conference)
COURT OF APPEALS
DAMAGES: In suit against spa for damages resulting from facial plaintiff
received that burned her face, trial court did not err in suggesting remittitur
of jury verdict from $125,000 to $47,800; 61.8% certainly is large reduction
in jurys verdict, but, in absence of any compelling argument from plaintiff
and, given wide range in which even large remittiturs historically have been
affirmed, jurys verdict was not totally destroyed by trial courts suggested
remittitur. West v. Epiphany Salon & Day Spa LLC, 4/25/17, Knoxville,
Swiney, 12 pages.
http://www.tncourts.gov/sites/default/files/west_v._epiphany_salon.pdf
FAMILY LAW: In case in which parties were married for 10 years, trial
court did not abuse discretion in awarding wife $2,500 per month as
rehabilitative alimony for three years when wife quit her job to live with
husband in Europe, wife remained unemployed throughout marriage, with
exception of one month of employment as medical transcriptionist, wife
ended this employment when husband requested that wife assist him with
two businesses, for which she took no salary, husband has college degree
and is trained helicopter pilot, husband has maintained employment
throughout marriage, and since filing for divorce, wife, who has undergone
two surgeries, has been unable to find long-term employment despite
having applied for various jobs; evidence did not preponderate against trial
courts award of $20,000 in attorney fees to wife in light of husbands
superior economic position relative to wife and husbands
misrepresentation of his income at hearing. Henson v. Henson, 4/24/17,
Nashville, Armstrong, 12 pages.
http://www.tncourts.gov/sites/default/files/henson.trina_.opn_.pdf
EVIDENCE: In DUI case, trial court did not err by permitting arresting
officer to testify about defendants fitness to drive motor vehicle and his
performance on field sobriety tests when jury would have understood
officers testimony to mean that defendants physical behavior gave him
impression that defendant was not sober and would have understood that
officers opinion that defendant was unfit to operate motor vehicle was
based partly on his observations of defendants lack of coordination during
field sobriety tests; officer may offer lay opinion testimony as to drivers
performance on field sobriety tests, fitness to operate motor vehicle, and
degree of intoxication; prosecutors request to jury during closing argument
to put themselves in place of hypothetical victim confronted with drunk
driver approaching in another vehicle was improper, but any error was
harmless in light of fact that prosecutor did not complete his hypothetical
due to defense counsels objection and fact that evidence of defendants guilt
was very strong. State v. Gwinn, 4/26/17, Knoxville, Easter, 10 pages.
http://www.tncourts.gov/sites/default/files/gwinn_opinion.pdf
PUBLIC CHAPTERS
TAXATION: IMPROVE Act raises gas tax over three years, reduces state
sales tax rate for food sold at retail, and cuts Hall Income Tax 1% each year
until tax is eliminated. 2017 PC 181, effective 4/26/17 & 7/1/17, 59 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0181.pdf
REVENUE RULINGS
If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You
may also view and download the full text of any state appellate court
decision by accessing the states web site by clicking here:
http://www.tncourts.gov