HCH March 25 2011 Legal - Chattanooga Bar Association

­Public­Notices,­page­15
Real­estate­section,­page­13
Recipe,page­21
Hamilton County Herald
Are­wethere­yet?
page­6
VOLUME XCVIII NUMBER 12 CHATTANOOGA, HAMILTON COUNTY, TENNESSEE – SINGLE COPY 50¢ FRIDAY, MARCH 25, 2011
50 years
ago...
What was happening
in Chattanooga
in 1961
Saturday, March 25
A tentative budget of
$7,111,369 for the 1961-
1962 term of the Hamilton
County schools was approved
Friday by the board of education.
The sum is an actual
increase of $655,315 over
the present annual budget.
Sunday, March 26
Dr. Marten Hoor, retired
dean of the College of Arts
and Sciences at the University
of Alabama, was the
principal speaker at the dedication
ceremonies of Cadek
Hall of the university of
Chattanooga Sunday afternoon.
Tuesday, March 28
The Courthouse office
of County Court Clerk
will be open until 6 p.m.
Thursday and Friday as an
accommodation to motorists
who have not obtained their
1961 Tennessee auto and
truck license.
Wednesday, March 29
Moore & King Pharmacy
will build a modernistic
drive-in drug prescription
shop at 4515 Brainerd
Road within a few weeks.
According to Joe King, the
new store will be a branch of
Moore & King Pharmacy at
Market and Ninth. Gilbert
King and Albert Johnson are
the other partners.
Friday, March 31
Annexation of the Stuart
Heights-Rivermont area
by Chattanooga would be
detrimental to this community
for a long time to come,
J. Burton Frierson, Jr., president
of Dixie Mercerizing
Company, has testified.
Inside...
Real estate section ..13
other information
I Swear ......................6
Critic’s Corner ..........21
Elliott inducted into Soddy Daisy HS Hall of Fame
By Erica Tuggle
Sam Elliott, attorney with
Gearhiser, Peters, Cavett, Elliott
& Cannon, past Chattanooga Bar
Association president and current
Tennessee Bar Association
president, was inducted into the
third class of the Soddy Daisy
High School Alumni Hall of
Fame on March 4. This occasion
was made even more significant
by the fact that Elliott’s father,
Gene Elliott, was part of the
first class to be inducted, making
them the first father and
son inductees into the SDHS
Alumni Hall of Fame.
Elliott said, “I am deeply
honored to be recognized in
this way by Soddy Daisy High
School, and to join the distinguished
alumni who make up
this group. I especially appreciate
Judge Shattuck’s … kind words
relative to my role in the community.”
The SDHS Hall of Fame
was instituted in 2009 to honor
distinguished alumni and to
demonstrate to SDHS students
that graduates of their school
have gone on to be successful
in various walks of life. To date,
three classes have been selected,
and include educators, businessmen,
public servants, journalists,
a judge, an attorney, and a
missionary. The recent induction
consisted of eight members,
Technology improving lives of the hard-of-hearing
By David Laprad
Continued on page 9
Lyndall Huffman is living
in a world that’s slowly fading.
As a victim of Usher Syndrome,
an incurable genetic disorder,
she’s helpless against the gradual
loss of hearing and vision that
comes with the territory. But as
a bright and ambitious young
woman with a message to share
about the dangers to hearing in
today’s society, she’s anything
but powerless.
Huffman faced many challenges
growing up as a result of
her hearing issues. Her mind
would wander in class because
she couldn’t hear her teachers
well, and people would shun her
because she wouldn’t respond
when they spoke to her. They
thought she was conceited, but
she simply couldn’t hear what
they were saying.
“Before I got a hearing aid,
people thought I was a snob.
When someone would say something
to me and I wouldn’t
respond, they’d think I was full
of myself and then ignore me
when I tried to be nice. It closed
me off in social situations,” she
says.
Huffman finally got hearing
aids when she was a senior in
high school. It made a big difference.
“Before I got my hearing
aids, no one knew I had a hearing
problem. It’s an invisible disability.
But now I know what’s
going on around me, and people
are aware of my issue,” she says.
The Assistive Technology
Center at Signal Centers, a
Chattanooga-based nonprofit,
Sam Elliott (pictured right) attorney with Gearhiser, Peters, Cavett, Elliott & Cannon, a past CBA president and
current TBA president was recently inducted into the Soddy Daisy High School Hall of Fame. Judge Shattuck
(pictured left) recognized Elliott’s hard work during the event. (Photo provided)
Lyndall Huffman is a VISTA volunteer at Signal Centers. A victim of
Usher Syndrome who suffers from gradually worsening hearing loss, she’s
using her marketing skills to help Signal Centers spread the word about
its Assistive Technology Center. Here, she demonstrates the use of the
Pocket Talker. (David Laprad)
helped Huffman to acquire the
equipment that allows her to
hear better. One device, called
a Pocket Talker, connects to a
telecoil neckloop that transmits
audio wirelessly to her hearing
aids. Huffman can attach the
device to her belt or hold it in
her hand to hear nearby conversation.
While Huffman is demonstrating
the Pocket Talker, lights
in the Technology Center begin
to blink, and a circular device on
a table near her starts to rattle.
Assistive Technology Specialist
Mitzi Davenport points to the
Clarity AlertMaster as the
source of the commotion, and
says it’s connected to a wireless
network that lets her know a client
needs assistance. A variety
of devices can be networked to
an AlertMaster, including baby
monitors, doorbells, motion
detectors, smoke detectors and
more.
“We had two deaf clients
who had a hearing child. They
connected a baby monitor to
their AlertMaster so their bed
would shake and wake them up
whenever their baby cried,” she
says.
The Technology Center
has other devices available for
demonstrating to people who
are deaf and hard of hearing,
including a Motiva, a device
that picks up what one person
says and wirelessly transmits it to
another. For example, a teacher
in a classroom could wear the
microphone, and a student could
wear the receiver.
“This would have been
great for my college lectures,
but I didn’t have the funding,”
Huffman says.
The Technology Center
doesn’t give away or sell the
equipment that will help its clients
hear better; rather, its staff
Continued on page 2

2 Friday, March 25, 2011 www.hamiltoncountyherald.com
HAMILTON COUNTY HERALD
Technology Continued from page 1
demonstrates products and does
hearing assessments to size up a
person’s needs. The individual
can then purchase the equipment
that will help him or her
from a vendor.
“We also do assessments
for Rehabilitation Services of
Tennessee. In those cases, the
State purchases the devices.
Businesses have also utilized us
to help employees who are hard
of hearing function better on the
job,” Davenport says.
The Technology Center does
have some equipment it can
loan to individuals who are not
vocational rehabilitation clients
and can’t afford to purchase the
devices on their own.
As the world around
Huffman opened up for the
first time, she made the most of
the opportunities her improved
hearing presented. She earned a
bachelor’s degree in marketing at
East Tennessee State University,
and then went through vocational
rehabilitation at Signal
Centers. Huffman then became
a VISTA volunteer at Signal
Centers through AmeriCorps,
a national service program
designed to fight poverty.
Today, Huffman is using
her marketing skills to help the
Technology Center spread the
word about its services, including
its expos, which are designed
to raise awareness about the
technology that’s available to
help deaf people, senior citizens,
returning soldiers and more.
As part of her yearlong,
full-time commitment to Signal
Centers, Huffman developed a
free packet designed to help people
avoid noise-induced hearing
loss. Complete with two earplugs,
capable of reducing audio
levels in conditions as extreme
as a NASCAR race, and an
instruction card, the kit is available
to anyone who would like
one.
“Noise-induced hearing loss
is going to be a big problem for
my generation because of ear
buds. Ear buds aren’t the best
things to wear when listening to
Pay parking lots increase in number in downtown area
SAVE THE DATE
The Pro Bono Committee of the Chattanooga Bar Association,
the Young Lawyers Division and Legal Aid of East Tennessee
Present
Pro Bono Night 2011
Thursday May 26th
5:30-8:00 p.m.
Lindsay Street Hall
Lindsay St., Chattanooga
Join us as we honor the members of the bar and bench who donate
their time and talent to help low-income and vulnerable members
of our community achieve access to justice.
Heavy hors d’ oeuvres, wine and beer will be served.
A live auction will feature a low country boil for 6 prepared by
Judge Hollingsworth and many other exciting items.
Special Guest
Cornelia Clark
Tennessee Supreme Court Chief Justice
We are honored to have Chief Justice Connie Clark
provide opening remarks and participate in the presentation of awards.
Tickets are $25
To purchase tickets and RSVP contact Matthew Smith at msmith@laet.org
When to wear ear protection
• When riding a motorcycle;
• At loud sporting events;
• While attending live music concerts;
• When performing with a band or orchestra;
• While operating heavy machinery;
• At a firing range or while hunting; and
• While using loud equipment, such as a lawn mower,
chainsaw or jackhammer.
an iPod (or another MP3 player)
because they don’t block outside
noise, so you crank up the volume
to hear the music.
“That’s bad for your ears,
especially when you listen for
more than an hour. It would
be better to listen with noise-
Workers install the Republic Parking pay boxes and machines at the former Unum employee lots downtown last week. The installation of these
boxes means that the previous “free parking” at these lots after Unum hours and on weekends will no longer be available. Unum’s new parking deck
for their employees is located on Cherry Street. (Erica Tuggle)
By Wally Northway
The Daily Record Newswire
A decision recently rendered
by the U.S. Supreme Court opens
employers to liability for discriminatory
employment practices in
a theory that up until the ruling
had gained little traction in the
higher courts.
Now, human resources
managers need to be aware that
the “cat’s paw” liability theory
has been deemed constitutional
and holds broad implications for
employment practices moving
forward.
Earlier this month, the
Supreme Court ruled unanimously
in Staub v. Proctor
Hospital that the hospital was
guilty of discriminatory employment
practices against Staub.
The hospital had taken prior
disciplinary action against Staub
for what it deemed poor work
performance. However, Staub
maintained that his immediate
supervisors discriminated against
him because of his military service
commitment, in violation
of The Uniformed Services
Employment and Reemployment
Rights Act of 1994, and were
angling to have him terminated,
which eventually he was.
The decision-maker in his
termination was not one of his
immediate supervisors, but the
hospital’s vice president of human
resources. The decision-maker
cancelling earphones or ear buds
that have foam. When people
who are my age reach 30 or 40,
a lot of them are going to have
noise-induced hearing loss, and
they’re going to need amplified
hearing products,” she says.
Even with her hearing aids
and other devices, Huffman
still has her share of challenges.
She has a hard time holding
conversations with people who
speak quietly, and when a siren
is approaching, she’s unable to
determine its bearing. When
it comes to entertainment, she
can’t understand the words of
most pop songs because the
music overpowers the lyrics, and
she rarely goes to the movies
because she has difficulty hearing
the dialogue.
“I’ve become dependent on
closed captioning and subtitles. I
don’t like having to rely on technology,
but it’s something I have
to get used to,” she says.
Moving forward, Huffman
plans to find a marketing job
and to continue to spread the
word about noise-induced hearing
loss.
“I want to protect the hearing
I have while I still have it,
and I want to encourage others
to do the same,” she says.
For more information about
the Technology Center, visit
www.signalcenters.org, click on
“Programs” and select “Assistive
Technology.” v
Supreme Court puts claws
in ‘cat’s paw’ theory
maintained that she decided to
terminate Staub because of poor
performance and not because of
his military service.
However, the Supreme
Court ruled it found evidence
that the decision-maker’s actions
were motivated by Staub’s immediate
supervisors, whose bias to
his military service was unlawful.
Thus, the decision-maker’s
action was also unlawful.
This is commonly referred
to as the “cat’s paw” theory of
liability. The term was coined
from the 17th-century fable “The
Monkey and The Cat” written by
French poet Jean de La Fontaine.
In the fable, the unscrupulous
monkey dupes the cat into raking
some chestnuts out of a fire.
The monkey promptly eats the
chestnuts, leaving the cat with
nothing but burnt paws.
Thus, “cat’s paw” refers
to one party using another to
accomplish his or her purposes.
In Staub v. Proctor Hospital,
the Supreme Court ruled that
the decision-maker was used by
Staub’s immediate supervisors to
an end – the termination of
Staub.
Brooks Eason, an employment
attorney and shareholder
in the Jackson office of Baker,
Donelson, Bearman, Caldwell &
Berkowitz, PC, said the “cat’s
paw” theory had percolated
Continued on page 9

HAMILTON COUNTY HERALD www.hamiltoncountyherald.com
Friday, March 25, 2011 3
under
analysis
By the Levison Group
Mark Levison
Charles Kramer
Spencer Farris
Michelle St. Germain
Sometimes lawyers fight
to get what their clients want.
Other times, we fight for what
our clients need. On other occasions
we are trying to prevent
other lawyers’ clients from getting
what they want or need. It
can all get somewhat confusing.
That is why the truly organized
legal zealot keeps a secret list of
legal gambits, that he can use
when things get out of hand.
I am not talking about
causes of action or affirmative
defenses or other claims and
defenses that appear in written
pleadings or in legal courtroom
argument. I am instead referring
to real world methodologies
used to turn the tide of negotiations,
prevent suits from being
filed, achieve victory without
blood spilt, and the like. I am
talking about the measures, tactics,
or actions that you use once
as the result of desperation, and
then add to your list of exploits
for future consideration because
they worked.
Legal gambits are a lot like
the opening lines used in bars
by the truly successful Don Juan
types. In the night club seduction
dance, the first time a phrase is
turned, it is born out of the time
and circumstance. Upon realizing
that the charming one liner
broke the ice and engendered
social interaction, however, the
smooth talker files it away for reuse
at a later date, with another
person. The first utterance is
creativity and charm. The re-use
becomes a “line.”
Using less salt means more health advantages
Salt shakers may be as common
on our dining tables as plates
and silverware, but Tennesseans
are reminded of the importance
of reducing salt intake to
improve health. The Tennessee
Department of Health is working
to educate Tennesseans about
the link between high salt intake
and disease.
“Cardiovascular disease is
the number one cause of death
in Tennessee, and diabetes
is number seven, but we can
reduce our risk of these diseases
by lowering our salt intake,”
said Health Commissioner
Susan R. Cooper, MSN, RN.
There are simple ways to
lower the amount of salt in our
meals without sacrificing the
good tastes we all enjoy.”
Science has repeatedly
shown the link between high
salt intake and diseases including
high blood pressure, heart
disease, stroke and diabetes.
Studies also show that reducing
salt intake is an effective
way to reduce risk for these
diseases.
The 2010 Dietary Guidelines
HCH
Hamilton County Herald
University Tower
651 East 4th Street, Suite 100
Chattanooga, TN 37403
Zone defense proves
to be lawyer’s friend
By Charles Kramer
Of course, that doesn’t
make the “line” any less successful,
and the same is true of the
legal gambit.
The first legal gambit I ever
developed was the First Name
Missile.
As a young lawyer many
moons ago, it quickly became
apparent that more seasoned
adversaries would attempt to
intimidate me and sap my confidence
by pointing out my lack
of experience, knowledge or
training. They would attempt to
portray themselves as my superior
and me as their fledgling
unequal.
To counter these efforts, I
quickly determined it was necessary
to elevate my stature in
their eyes, even if it meant lowering
theirs. One of the easiest
methods of accomplishing this
goal, I discovered, was the First
Name Missile.
Upon receipt of correspondence
or communications
addressed to “Mr. Kramer,” I
would immediately respond to
“Mike” or “Susan” on the other
side. I would similarly walk into
a crowded conference room and
walk right up to the opposing
attorney 30 years my senior and
smile, stick out my hand, and
say, “Hello Dave, nice to see
you.”
It was surprising how often
that minor gesture changed the
mood, and the course of things.
The second gambit I recall
stumbling upon, however, is one
that is so obvious I’m surprised it
for Americans recommend most
adults consume no more than
2,300 milligrams of sodium each
day. However, a reduction to
1,500 milligrams per day is recommended
for people over age
51, African-Americans and those
with a history of high blood pressure,
chronic kidney disease and
diabetes.
Here are some simple ways
to reduce salt in your eating
plan:
• Check food labels comparing
like items and choose
lower sodium foods. Also watch
for terms like “low sodium” and
“no added salt.”
• Prepare food using little
salt or fewer high-sodium ingredients.
For example, skip using
salt in cooking pasta, rice, cereals
and vegetables.
• Taste food before salting
it. Lightly salt food only as
needed, not as a habit.
• Eat fresh fruits and vegetables
which are naturally low
in sodium
• Use herbs, spice rubs
and fruit juices in place of salt
in cooking.
The
Hamilton County
Herald
is available for
$15 a year.
Call
800-420-5103 now!
isn’t used more often. About six
years into practice, I was contacted
at my office in St Louis at
4:45 p.m. by opposing counsel
who insisted that a deal we had
been working on for over three
months would be dead in the
water unless I obtained a certain
document from a certain office
of the US government immediately.
By the time he was done
with his explanatory harrange,
however, it was 4:54 p.m.
My frantic efforts to locate
the correct person at the local
office succeeded at 4:58, but she
informed me nonetheless that
the offices were about closed
and that no documents could be
generated until the next day.
I called back opposing counsel
to explain, but he simply said
it didn’t matter, it was not his
client’s position it was actually
a deadline required due to some
international aspects of the
transaction, and that there was
nothing they could do. That’s
when it dawned on me. I assured
him I could fix the problem, got
off the phone and called directory
assistance (yes, it was before
the Internet).
Within a scant few minutes,
I was able to locate the
Los Angeles office of this governmental
entity, where it was
only 3:30.
An hour later, I had the
document in the hands of all
who needed it, thanks to fax
transmission technology.
I had the occasion to use
the “time zone” defense again
• Eat fresh, lean meats,
poultry, fish, dry and fresh beans
and peas, unsalted nuts and eggs,
all of which contain less sodium.
• Condiments such as ket-
chup, soy sauce, mustard,
pickles and mayonnaise may
be high in sodium, so go easy
on them or choose less-sodium
varieties.
• Don’t be fooled: sea salt
and rock salt are no better for
health than traditional table
salt, so monitor intake of all
forms of salt.
Department of Health data
show heart disease was the num-
just yesterday.
My client had insisted on a
certain action being taken by 2
p.m., announcing the deadline
with a lot of yelling, demanding
and desk pounding. Perhaps to
prove a point, the opposing side
complied by taking the action,
but did so at 2:45 p.m.
The timing would still work
for my client, and it was in his
best interest to still go forward.
But ego, and face-saving were
important to him. He was thus
inclined to blow the deal “on
principal,” despite the economic
benefit to himself. That’s when
I realized, however, that he happened
to be in Idaho for the day,
and was thus in the Mountain
time zone, where it was an hour
earlier. He accepted the performance
in an email showing HIS
time zone, and all were happy.
The moral of the story of
course is that, gambits or not,
some legal strategies involve
thinking outside the box to
help clients, and doing so often
involves the juggling of time
and perceptions.
It’s no wonder I like college
basketball more than the pros.
They still allow the use of
the zone defense.
© 2011 under analysis LLC.
Charles Kramer is a principal of
the St Louis Missouri law firm
Riezman Berger, PC. Under
analysis is a nationally syndicated
column of the Levison group.
Comments may be sent c/o this
paper or direct via email to comments@levgroup.com
v
ber one cause of death among
Tennessee men in 2009, the
most recent year for which data
are available. Diseases of the
heart claimed the lives of more
than 7,300 Tennessee men that
year, and were the cause of a full
quarter of all the deaths among
Tennessee men in 2009.
The Behavioral Risk Factor
Surveillance System data show
Tennessee’s at-risk male population
for high blood pressure was
reported at 31.8 percent in 2009.
Salt intake is a modifiable risk
factor for these conditions.
Source: Tennessee Department
of Health v
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4 Friday, March 25, 2011 www.hamiltoncountyherald.com
HAMILTON COUNTY HERALD
If you don’t eat,
don’t worry about farmers
going out of business
I may be edging slowly into
the early 60s of my age, but I’m
not going to be left behind when
it comes to learning something
new. I know there are those
who have the idea you can’t
teach an old dog new tricks, but
I just think they don’t have the
patience to try. True, it does take
us “old hounds” a little longer to
find the trail than it use to for
something new.
However, you have to give
it to us that we do have determination
once we set our minds
to the task at hand. And, social
media is one thing that is something
I’m trying to “tree” these
days.
Several months ago, I joined
in the Facebook revolution that
is now taking over the country
and will have to tell you that it
is better than a party line was for
A musical request
Have you ever watched a
child cast one toy aside and
reach for something else? A
friend of mine once told me he
had watched his grandchildren
open gifts and cast each one
aside looking for the next one
while spending no time with the
one they just opened.
He shared with me that at
that point he knew his grandchildren
had come to expect
too much, wanting more and
more – rather than being satisfied
with one gift, they wanted
to rip through dozens and then
simply cast them aside.
I looked at my watch as
The letter from a gang member
in prison to a friend on the
outside seemed normal enough.
“Saludos loved one,” it began,
and went on to describe the perils
of drug use and the inmate’s
upcoming visit from his children.
But closer inspection by
examiners in our Cryptanalysis
and Racketeering Records Unit
(CRRU) revealed that this seemingly
ordinary letter was encoded
with a much more sinister message:
every fifth word contained
the letter’s true intent, which
was to green-light the murder of
a fellow gang member.
Breaking such codes is
CRRU’s unique specialty. Despite
the FBI’s extensive use of stateof-the-art
computer technology
to gather intelligence, examine
evidence, and help solve crimes,
the need to manually break “pen
and paper” codes remains a valuable
– and necessary – weapon in
Read all
about it ...
B y P e t t u s L . R e a d
Te n n e s s e e F a r m B u r e a u
my grandmother several years
ago. It is also an excellent tool
to educate others about what you
do, and being one in agriculture,
it’s a good way to talk to that
98 percent who no longer have
any connection to farming other
than eating.
Each day I have FB friends
who are discussing food cost,
what’s in their food, how to
grow their own food and even
how to grind their own grain for
a healthier diet. With topics like
these coming from my “friends”
right into my home, I have a perfect
opportunity to talk about my
favorite subject, which is also my
life-long career, agriculture.
The only concern a
Tennessee farmer had in past
years when selling his crop or
livestock and making a living
was the price he would receive
down at the local sale barn or
grain elevator. He didn’t concern
himself with what is being
Southern
Style
B y R a n d a l l F r a n k s
From the FBI
mother drove by the old Colonial
Grocery Store saying, “Hurry,
Mom, we are going to be late.”
Of course we were not going
to be late. The piano store was
just next door. I picked up my
books and rushed inside. I was
always amazed at a store filled
with pianos – I really wanted
to get there early so I could go
through and try out several of
them while I waited my turn
with piano teacher Jean Stiles.
I do not know what made
me want to go from instrument
to instrument playing. Perhaps
it was the same desire that made
those children my friend had
described ripping through more
the Bureau’s investigative arsenal.
That’s because criminals
who use cryptography – codes,
ciphers, and concealed messages
– are more numerous than one
might expect. Terrorists, gang
members, inmates, drug dealers,
violent lone offenders, and organized
crime groups involved in
gambling and prostitution use
letters, numbers, symbols, and
even invisible ink to encode
messages in an attempt to hide
illegal activity.
Bookies, pimps, and drug
traffickers, for example, all
keep records of their dealings,
explained Dan Olson, chief of
CRRU, which is part of the FBI’s
Laboratory Division. “If there is
money and credit involved in a
transaction,” Olson said, “there
has to be an accounting of that
at every step of the way, even if
it’s on a match pack, hotel sta-
Continued on page 11
exported overseas, the need for
soybeans in Asia, or even what
is being bought on the west and
east coasts. His primary concern
was what was being paid for his
product in his own hometown.
Today that has all changed.
Now even a post on Facebook
can have an effect on his bottom
line if he is selling locally.
With the world population at
6.9 billion as of March 17, and
expected to reach 9 billion by
the year 2050, the Tennessee
farmer has to focus on the global
challenges as well as the local
agricultural concerns.
With exports from our state
of agricultural commodities totaling
$1.2 billion, international
trade and continued changes in
farming technology worldwide,
trade issues have major impacts
on Tennessee farms. A world
event thousands of miles away
from a Tennessee farm can
change a farmer’s commodity
prices immediately, such as the
problems right now in Japan.
Technology is allowing
farms to get larger, which is a
matter of have to rather than
want to in many cases. Fewer
farmers are producing more, and
the trend has no visible end. Less
than two percent of our population
today produces the food
we eat. More than three mil-
and more presents. Although the
pianos were not mine and would
not be.
I was intrigued by the talents
of gospel pianist Hovie Lister,
Eva Mae LeFevre, and classical
pianist Victor Borge. Several of
my cousins had the knack to play
piano along with their singing,
so I had hoped the gene passed
to me as well.
Of course, as a child of
eight, my repertoire was a bit
slim. In spite of the best efforts
of my teacher, I was not the most
proficient student who worked
through “Minuet” and “The
Entertainer.”
No matter my deficiencies, I
had a true desire and my mother
supported that to no end. She
worked overtime to afford a walnut
Currier Spinet piano and pay
for my lessons.
One day while sitting in
my elementary school room, the
entire course of my life changed.
Dr. Donald Grisier, DeKalb
County orchestra teacher,
came into the room and played
lion people farm or ranch in the
United States. More than 78,000
farms are located in Tennessee
alone with 43 percent of the
state’s total land area used for
farmland.
Individuals, family partnerships
or family corporations
operate almost 98 percent of
U.S. farms. Over 22 million
people are employed in farm or
farm-related jobs, including production
agriculture, farm inputs,
processing and marketing, and
wholesale and retail sales.
Farm equipment has evolved
dramatically from the team of
horses used in the early 1900s.
A new technique called “precision
farming” boosts crop yields
and reduces waste by using satellites
and computers to match
seed, fertilizer and crop protector
applications to local soil conditions.
Today’s four-wheel drive
tractors have the power of 40
to 300 horses. This makes for a
large capital investment, as farmers
pay anywhere from $97,000
for an average 160 horsepower
tractor to over $170,000 for a
four-wheel drive model.
As the amount of mechanization
and horsepower in
farm machinery has continued
to increase, the time needed to
complete tasks has decreased.
Combines, huge machines used
Chubby Wise and Ervin Rouse’s
“Orange Blossom Special” on
the violin. I have not been worth
shooting since.
I had heard my great Uncle
Tom Franks play the violin like
his father had done before him at
family gatherings, but now there
was someone willing to sit and
teach me.
After convincing my parents
that I wanted to learn violin, I
signed up. My mother once again
went out of her way to see that I
got the opportunity by renting
an instrument. I also continued
my piano study, but eventually
it did fade away in the shadow
of the fiddle. I realized I was not
going to be the next Hovie Lister
or Victor Borge.
The fiddle would stick and
lead me to some amazing places.
While I would never consider
myself a pianist, the knowledge
I gained while learning about
the instrument has served me
extremely well in every musical
endeavor. The experience
prepared me for a lifetime of les-
to harvest grains such as corn,
soybeans and wheat, have dramatically
changed farming. In
the 1930s and 40s, a farmer could
harvest an average of 100 bushels
of corn by hand in a ninehour
day. Today’s combines can
harvest 900 bushels of corn per
hour or 100 bushels of corn in
less than seven minutes!
With modern methods, one
acre of land in the U.S. (about
the size of a football field) can
produce: 42,000 pounds of strawberries;
11,000 heads of lettuce;
25,400 pounds of potatoes; 8,900
pounds of sweet corn; or 640
pounds of cotton lint.
The efficiency of U.S.
farmers benefits the Tennessee
consumer in the pocketbook.
Americans spend less on food
than any other developed nation
in the world. The other day,
I saw a bumper sticker that
sums up the importance of a
Tennessee farmer very well. It
said, “If you don’t eat, don’t
worry about farmers going out
of business.” In fact, that would
be a good quote to share on my
Facebook wall.
Pettus L. Read is editor of
the Tennessee Farm Bureau News
and Director of Communications
for the Tennessee Farm Bureau
Federation. He may be contacted
by e-mail at pread@tfbf.com v
sons in almost every pursuit I’ve
chosen to follow.
So, while at times children
may be spoiled by piles and piles
of material gifts that simply get
laid aside, if a child shows interest
in music, even if the child has
absolutely no talent for it and
may someday lay the expensive
instrument aside for other pursuits,
remember, as the child’s
practicing causes the paint to
peel in the family room, love
of music is a gift that will last a
lifetime and can span the generations.
Randall Franks is an awardwinning
musician, singer and
actor. He is best known for his role
as “Officer Randy Goode” on TV’s
“In the Heat of the Night” now on
WGN America. His latest CD
release, “An Appalachian Musical
Revival,” is by www.shareamericafoundation.org.
He is a member of
the Atlanta Country Music Hall of
Fame. He is a syndicated columnist
for http://randallfranks.com/ and
can be reached at rfrankscatoosa@
gmail.com. v

HAMILTON COUNTY HERALD www.hamiltoncountyherald.com
Friday, March 25, 2011 5
Case Digests
VerdIcts and settlements
‘Empty-chair’ trial nets
$30 million bench verdict for
jilted Raleigh woman.
Raleigh, N.C. – A North
Carolina judge has awarded the
jilted spouse of Donald Puryear
$30,162,000 in her suit against
the woman she accused of stealing
his affections.
The wealthy owner of a
Raleigh trucking company is now
married to the woman, Betty
Devin, according to the lawyer
who represented his ex-wife,
Carol Puryear, in the case.
The lawyer, Stephanie
Jenkins of Raleigh, N.C., said
two different attorneys represented
Devin at various times
during the lawsuit. One showed
up on the trial date to argue
an issue, but left before arguing
damages because the lawyer had
not been retained to represent
Devin on that issue.
Donald Puryear was properly
served with notice of the lawsuit
and applicable hearing dates, but
failed to appear at trial.
Jenkins said she didn’t suggest
a damages figure to Superior
Court Judge Carl Fox.
“I relied on him to come up
with a number,” she said.
Jenkins said Judge Fox had
not yet reduced the ruling to a
written order at press time.
She said the case was unique
because of the loss of lifestyle
Carol Puryear suffered as a result
of the alienation of the affec-
Wise Construction, LLC,
et al v. Thomas Boyd, et al.
Hamilton County – This
appeal involves a home construction
dispute between an
LLC contractor and the homeowners.
The contractor entered
into a written contract with the
homeowners for the construction
of a 6,000 square foot home.
Upon the relationship between
the parties becoming strained,
the homeowners claim the contractor
told them to find another
builder. The contractor contends
it was fired from the project. The
instant action was commenced
by the contractor to enforce a
lien.
The trial court found in
favor of the contractor. The
homeowners appeal. We affirm.
Lucas F. McCombs v.
Anna M. Davidson.
Roane County – This appeal
is from the General Sessions
Court of Roane County. It is the
opinion of this Court that the
appeal is premature as there is no
final judgment as provided in the
applicable rules.
It is therefore ordered and
adjudged by this Court that the
appeal is dismissed for lack of
jurisdiction. Costs on appeal are
taxed to the Appellant, Brett
D. Stokes, and his surety, for
which execution may issue, if
necessary.
Martha Duke, as next of
kin of William Jerry Duke,
Deceased, and on behalf of the
wrongful death beneficiaries of
William Jerry Duike v. Kindred
Healthcare Operating, Inc., et
al.
Carroll County – This
appeal involves an arbitration
tions of her husband.
“I told [Judge Fox] that there
were a number of intangibles to
consider in this case,” she said.
Jenkins also represents
Carol Puryear in a domestic case
against her ex-husband.
While Jenkins conceded
that sometimes parties use heartbalm
claims as leverage in underlying
domestic actions, over the
course of her nearly 20-year legal
career she has come to see the
devastating effects that adulterous
relationships can have on
families.
“My attitude towards the tort
has evolved,” she said. “When a
party interferes with or destroys
a genuine marital relationship,
there are some significant losses
suffered by aggrieved spouses and
families.”
The only means by which
the law may compensate
aggrieved spouses for that loss is
money, Jenkins said.
“It is the law in North
Carolina, and I prosecute and
defend these cases,” she said.
Plaintiff’s attorney: Stephanie
Jenkins of Gailor Wallis
Hunt in Raleigh, N.C.
Defense attorney: Defense
did not appear.
The case: Puryear v. Devin;
March 14, 2011; Wake County
Superior Court; Judge Carl Fox.
Carrier claims termination
of attendant care benefits justified
agreement that was executed
when a patient was admitted to
a nursing home. The arbitration
agreement was signed by the
patient’s sister, who had presented
a power of attorney document
to the admissions staff that
designated her as the patient’s
attorney-in-fact.
The patient’s representative
in this lawsuit contends that the
patient was incompetent when
he executed the power of attorney
document, and therefore,
the sister lacked authority to sign
the arbitration agreement on his
behalf.
The trial court found by
clear and convincing evidence
that the patient was incompetent
when he signed the document
and denied the defendants’
motion to compel arbitration.
We affirm and remand.
Michael Adler v. Double
Eagle Properties Holdings, LLC,
et al. v. Airways Commons,
LLC.
Shelby County – In this
declaratory judgment action, the
parties sought interpretation of
a real estate purchase contract.
The contract between the buyer
and the seller provided for the
assignment of all leases on the
property and proration of rents
to the buyer. The parties disputed
whether these provisions
contemplated a separate agreement
between the seller and a
third party. At the behest of the
parties, the trial court construed
both agreements and granted
summary judgment to the buyer.
On appeal, we raise, sua sponte,
the question of whether all necessary
parties were before the
trial court pursuant to Tenn.
Detroit, Mich. – In a lawsuit
filed in Wayne County Cir-
cuit Court, plaintiff Eugene Marshall
sought reimbursement from
defendant State Farm Mutual
Automobile Insurance Co. for
first-party, no-fault PIP benefits
for medical and attendant care.
Marshall sustained a traumatic
brain injury in an August
1995 car-versus-bicycle accident.
He was eight years old at the
time. He was provided attendant
care by immediate family
members, as prescribed by his
physicians. State Farm paid the
benefits until it was determined
that attendant care was no longer
necessary.
On Nov. 6, 2009, Marshall
was referred to neuropsychologist
Dr. Renee Applebaum, who
testified that Marshall’s results
on testing she performed placed
him in the mildly impaired range
overall. She recommended that
he be treated with psychotherapy
and pharmacotherapy to address
his depression and abnormalities
in behavior, and that eight hours
of daily attendant care would
address his cognitive dysfunction,
difficulty with initiation,
apathy and poor self-monitoring.
In addition, in June 2010
Marshall was examined by forensic
medical case management
specialist Renee LaPorte. Her
analysis was that Marshall needed
a life-skills trainer at a market
Code Ann. § 29-14-107(a) and
Tenn. R. Civ. P. 19. After concluding
that all necessary parties
were not included in this action,
we vacate the judgment of the
trial court and remand for further
proceedings consistent with
this opinion.
Rocky Glen Ross v. Donna
Angela Ross.
Morgan County – The order
from which the appellant Donna
Angela Ross seeks to appeal was
entered on Monday, August 2,
2010. A notice of appeal was
filed by the appellant on Friday,
September 3, 2010, the 32nd day
following the entry of the trial
court’s order.
Because the notice of appeal
was not filed timely, we have
no jurisdiction to consider this
appeal. Accordingly, this appeal
is dismissed.
Helen M. Land v. Jack
Casteel.
McMinn County – The
appellant appeals the trial court’s
issuance of orders of protection
against him. The appellant’s sister
and brother-in-law filed petitions
for ex parte orders of protection
and alleged that on two
separate occasions, the appellant
fired shots toward their home.
The appellant denies the allegations.
After a hearing, the trial
court found by a preponderance
of the evidence that entry of the
orders of protection was necessary.
We affirm.
Elma Lou Hale v. Gerald
D. Hale, et al.
Van Buren County – This
is the second appeal of an action
to partition 74 acres. Plaintiff is
a widow who owns a one-half
value of $30-$35 an hour as part
of attendant care.
However, in her March
2010 evaluation, defense medical
expert Dr. Lisa Metler, a neuropsychologist,
noted test results
that showed an individual who
was functioning in the low average
range of intelligence.
She had questions whether
he was putting forth his best
effort on memory measures,
given his performance on other
tests.
In addition, she found that
his executive/frontal lobe abilities
were all within normal limits
and that fine motor dexterity
was mildly impaired with the
right hand.
Metler also found improvements
in Marshall’s neuropsychological
functioning from
her prior evaluation –including
attention, information-processing
speed, novel problem solving,
and visual constructional
ability – and did not feel there
was any need for attendant care
services.
She did suggest a limited
number of sessions with an occupational
therapist, which State
Farm offered to provide, to help
develop routines at home to
compensate for any functional
memory difficulties.
Defendant asserted that
numerous rounds of surveillance
dating back to June 2000 showed
plaintiff, then 13, riding his bike,
Case Digests
tennessee court oF appeals syllaBus
interest in the land as a tenant
in common with Defendants,
Plaintiff’s stepson and his wife.
Plaintiff filed this action in 2008
to partition the property by sale.
Defendants opposed a sale and
sought partition in kind. The
trial court ordered the property
sold upon findings that a partition
in kind was impractical and
that the two tracts were more
valuable if sold together.
Defendants appealed, and we
affirmed with instructions that
the property be sold on remand.
Before the sale, a survey was
conducted which revealed that
Defendants’ home, located on a
one-acre tract owned separately
by Defendants, encroached on
the property held by the parties
without a helmet, for hours at
a time with no supervision. It
also was contended that, despite
the fact plaintiff has never had
a driver’s license, he was titled
owner of a 1997 Thunderbird,
and had a long list of moving
violations.
In addition, Sherrie
Marshall-Ware, his primary
attendant care provider, had
been permanently disabled for
years by the Social Security
Administration because of her
sickle cell anemia.
The jury issued a no-causeof-action
verdict in favor of
defendant.
Type of action: No-fault PIP
benefits
Type of injuries: Closedhead
injury
Name of case: Marshall v.
State Farm Mutual Automobile
Insurance Co.
Court/Case no.: Wayne
County Circuit Court; 08-
019103-NF
Tried before: Jury
Name of judge: John A.
Murphy
Verdict: No cause of action
Special damages: $60,000
to defendant in case evaluation
sanctions and taxable costs
Insurance carrier: State
Farm
Attorney for plaintiff:
Robert D. Tenbrunsel
Attorney for defendant:
John P. Lewis v
as tenants in common. In order
to resolve the encroachment
issue, the trial court ordered
Plaintiff to quitclaim a mere
0.168 acres to Defendants and
ordered Defendants to quitclaim
a like-sized portion of the property
of equal value to Plaintiff.
Although this remedy was
favorable to Defendants, they
nonetheless appealed, claiming
the trial court had no legal
authority to order them to quitclaim
any property to Plaintiff.
We have determined the trial
court is authorized to partition a
portion of the property in kind,
pursuant to Tenn. Code Ann. §
29-27-104, and to order that the
remaining property be partitioned
by sale. Thus, we affirm. v
IOLTA Participant
Membership in Foundation
In an effort to identify a representative body
of “Participant” membership,
the Tennessee Bar Foundation Board of Trustees
announces the following opportunity:
Any lawyer licensed in Tennessee who participates in the
IOLTA (Interest On Lawyers’ Trust Accounts) program,
whether as an individual or as a member
(principal, employee, or other member) of a law firm,
and who is not currently
a Fellow of the Foundation, is eligible to serve
as a voting “Participant” member of the Foundation.
To enroll as a “Participant” member
and for more information, visit the
Foundation’s Web site at www.tnbarfoundation.org.

6 Friday, March 25, 2011 www.hamiltoncountyherald.com
HAMILTON COUNTY HERALD
The squirrels are back.
They took up residence with us
sometime last December I think,
when the north winds caused
all living things to seek shelter.
They had taken a year off from
their spot in my attic; perhaps
it was to visit one of their other
homes in the mountains, or to
their beach house; whatever the
reason, they’re back.
So the squirrel assassin, aka
“Rocky remover,” made a return
visit to my house. He called me
on the phone to set the appointment
and ask for directions. I
knew he didn’t really need them.
And he knew that I knew.
As squirrel assassins go,
mine is a likeable guy. He takes
pride in what he does and he
likes sharing with his clients
all the intricacies of his trade.
“These things must be done delicately,”
I’m sure I heard him say
one time.
Please know that I have
nothing against the squirrel as
a species. As long as they are in
the woods behind my house we
get along just fine.
I don’t hold with Fred’s theory
that they are just “rats with
furry tails.” Fred really believes
this. It was just last week that he
was telling me, “If rats can figure
out a way to grow fur on their
tails and hop then their entire
image changes.” Unless of course
they pitch a tent above where
you are sleeping.
So the assassin came out to
the house last Monday morning,
early, because that’s how they do
it, crack of dawn type guys. I had
already left for work and gave
instructions to my son Matt on
how to deal with the assassin.
He would be paid a one-time fee,
in small, unmarked bills.
About 30 minutes after I’d
been at work I received a call
from Matt asking if I wanted
the 30-day or the 90-day “assassins
warranty.”
“Well if he does his job why
do I need a warranty at all?” I
asked.
Matt didn’t have an answer,
or at least didn’t volunteer one,
in fact, there was a dead silence.
“Is he standing right there?”
“Mmmmm hmmmmm.”
“OK, tell him I don’t want
any warranty, just the basic one
time, take ‘em all out, fee.”
“OK,” Matt said. “Oh, and
Dad, there’s one more thing.”
The way things were going
lately for me I knew one more
thing probably didn’t mean
Publisher’s Clearing House was
at the door wanting to know if
I preferred annual payments or
a lump sum.
“What is it?” I hated to ask.
“We have bats.”
“Bats! You’re kidding. How
many?”
“He showed me two,” Matt
said.
Squirrels were one thing.
Now we were in a whole different
arena. I didn’t care what
Fred said; there was no way to
make a bat cute, no matter how
much fluff and fur you apply.
They were rabid blood-sucking
creatures that swooped down at
night and turned you into one
GETTING IT OVER WITH By Victor Fleming
across
1 Friend, to Francois
4 ___ Hashanah
8 What “there oughta be”
12 Passing fancy
13 Fencing piece
14 Simone of song
15 Units of self-importance
17 WBC results
18 Like scenarios in which no
one loses
19 “Telefone” singer Easton
21 Office machine supply
23 With “coals,” firewalking
phrase
24 Angelic auras
26 Bucky Beaver’s brand
28 Like sheep
29 “Santa Maria,” for one
32 Create
33 The limit’s leader, after
“the”
34 1-Across reversal
35 Hot time, for 1-Across
36 “A Zoo Story” playwright
37 It divides the court
38 Do brunch
39 Not often seen
40 Folklore meanie
41 Serbia neighbor
43 “Desert Fox” Rommel
44 Dry, in a way
45 Reagle and a Belgian
blackbird
46 Contented cat sounds
48 Boutros Boutros-___
50 Duller of the senses
52 GM security system
55 “An Iceland Fisherman”
author Pierre
56 Song about plucking feathers
off a lark
58 Certain blood type, briefly
59 Tool in a bunker
60 It may have periods
61 Arid area dweller’s prayer
request
62 Former soccer org.
63 Light shuteye
Are we there yet?
Attic creatures
and a joke
B y J a y E d w a r d s
Diversions
of the Undead. I didn’t care for
bats at all.
“What are we suppose to do
about bats,” I asked.
“The exterminator says to
spray them with water or Windex,”
Matt said. They are not
actually in the attic; they’re in
the eaves. He also says to buy
some more of that wire screen,
to make sure they stay out.”
So there I had it, my castle
was being overrun with wild animals.
What was next, a Monitor
lizard in my shower? A Black
Mamba in my pantry?
A little while later as I sat at
my desk envisioning the Amazon
running through my den, I felt a
Blackberry-like vibration from
my right hip. I looked at the
phone and saw I had a new email
from Matt. The subject line said,
“Bats.”
I opened the attachment
and there they were. Two little
not cute at all furry creatures
huddled in the corner of the
wooded eave, just outside my
I Swear Crossword Brooklyn, N.Y. – My
Down
1 Some
2 Biblical travelers
3 With 9-Down, admission by
22-Down
4 Make double sure the suds
are out
5 Offer one’s thoughts
6 IRA leader?
7 Exxon competitor
8 Boom box feature
9 See 3-Down
10 “That’s ___!” (“Don’t do
that!”)
11 Came to
16 Blastoff lead-in
20 Throaty
22 1996 Pulitzer winner for
Feature Writing
24 Sewing class
25 Graphic Internet identity
27 Endorser, usually
30 Chef who regularly “kicks it
up a notch”
31 Nears midnight
Victor Fleming’s puzzles have appeared in many publications,
including the New York Times and Games Magazine.
33 Bumped off
36 Manet or Monet
40 End of a threat
42 Charge in court
43 Common temple name
46 Of the Arctic or Antarctic
47 “Once-time” insertion
49 Tackle box supply
51 Pull down
53 Gillette product
54 Bring in the crop
57 Half a Teletubby’s name
Last week’s solution
annual trek to the American
Crossword Puzzle Tournament
began before daylight Thursday,
March 17. It was St. Patrick’s
Day, and I forgot to wear green
Fortunately, I had my green pen
in my pocket.
After nibbling some breakfast,
I was off to the airport
for a 7 a.m. flight to Atlanta.
The layover being three hours, I
found a decent triple-salad plate
featuring fruit, mixed greens and
three-bean salad. There’s good
food to be found in Atlanta’s
airport.
The ETA for JFK was 3
p.m. I was seated with a bunch
of twelfth graders from Florida.
Headed to Italy for spring break,
they seemed fascinated that the
likes of me would be going to a
crossword tournament. The artist
among them drew a caricature
of me in her sketchbook. I’m
hoping for a copy.
The pilot brought us in
early. The cab driver was less
efficient. Last year, I did the
subway and got to the hotel in
30 minutes. The cab ride took
an hour.
Why had I thought it would
be shorter? The freeway from
JFK to Brooklyn was like a parking
lot. And the hack had two
speeds: petal-to-the-metal and
full-brake-slam.
Safely in Brooklyn’s Marriott,
I greeted other early arrivals
among my cruciverbal buds,
friends I see but once a year. A
select group of us ate pizza and
stuffed registration packets for
the 630 pre-registered participants,
plus another 100 to cover
the walk-in traffic.
Friday, I slipped into Man-
hattan for lunch with some corporate
friends, and Friday night
brought fun and games, including
a competitive solving of
cryptics.
“But on,” I hear you saying,
attic. They slept peacefully,
waiting for the sun to sink into
the horizon and blackness to
envelop the sky. This was no job
for a glass-cleaning product. I
needed a crucifix, or at the least
a Van Helsing.
Or better yet, I needed the
squirrels to attack them. They
were there first, intruding long
before the bats spotted us from
above. Where was their squirrelly
pride? They were just hopping
rats with furry tails. It was
high time they started acting the
part. Of course, they would need
to be quick about it. Their time
was growing short.
•••
A guy is sitting at home
when he hears a knock at the
door. He opens the door and sees
a snail on the porch. He picks up
the snail and throws it as far as
he can. Three years later, there’s
a knock on the door. He opens
it and sees the same snail. The
snail says, “What the hell was
that all about?” v
I Swear...
Puzzling tourney
2011
B y Vi c F l e m i n g
“to the exciting competition!”
Where, again, I was a volunteer
official, with the added pizzazz of
having one of my puzzles used in
the tournament.
After the first seven puzzles,
completed through the
day Saturday and on Sunday
morning, last year’s winner,
Dan Feyer, was in first, with last
year’s third-pace finisher Anne
Erdmann and five-time winner
Tyler Hinman on his tail.
But it was not even as close
as that might make it seem.
Dan had relaxed on Puzzle
seven, letting a four minute slip
to two. But in the finals, he blew
the competition away. Tyler,
whose win at the age of 20
was a high point in the documentary
“Wordplay,” and whose
four ensuing consecutive wins is
a tournament record, came in
a distant second and Anne an
even more distant third.
Some of the brutal clueanswer
combinations from the
A-division final puzzle, constructed
by Mike Nothnagel:
[Charge when a job is done?]
GUN IT, [Small purchase]
TOE HOLD, [Smooth] IRON
OUT, [Jaw holder] VISE and
[Act like Bruce Wayne] LEAD
A DOUBLE LIFE.
The extra-puzzling entertainment
included a play
Saturday night, “Life Is Shortz,”
by Lee Marcus, performed by
actors Tiese Houston and Zach
Woolridge, all of Hornell, NY.
Cleverly written, the play
suggested that waiting a day to
solve a tough crossword makes
it easier. The clues and answers
are absorbed into the collective
unconscious and, thus, become
more accessible.
Hmmm …
Vic Fleming is a district court
judge in Little Rock, Ark., where
he also teaches at the William H.
Bowen School of Law. Contact
him at vicfleming@att.net. v

HAMILTON COUNTY HERALD www.hamiltoncountyherald.com
Friday, March 25, 2011 7
Scream Fest
Getting your first tattoo can
be a scary experience, and so can
watching a horror film. Why not
combine the two into a three-day
festival? When you do, you have
the First Annual Chattanooga
Full Moon Tattoo and Horror
festival, held March 11-13 at the
Chattanooga Marriott.
Tattoo artists came from
Pelham, Ala.; Pasadena, Texas;
Memphis, Tenn.; Stuart, Fla.,
and many other tattoo studios
to join in the three-day long
festivities. These included live
tattooing that was judged in the
categories of best small color,
best back piece, best cover-up
and best tribal, to name a few.
Sponsored by North Shore
Tattoo Co., Hill City Pizza,
King Pin Tattoo Supply, Fusion
Tattoo Ink and H2Ocean, the
event had the needles buzzing
as visitors made that decision to
finally get ink done or for many
to get an addition to a collection
of tattoos they already owned.
There were seminars such
as “Fine Lines” by Rachel Telles,
where attendees learned the finer
points of creating beautiful script
lettering. The “Black and Gray
Realism” seminar covered how
to create realistic images in black
and grey on skin, and “Tattoo
Business in Today’s Economy”
covered all areas related to running
a tattoo shop such as taxes,
payroll, banking, employees and
other areas to know.
This event was unlike any
art show to come to the area
because most of the art was moving
around on the skin of those
who had gotten the tattoo. The
books that all the vendors had
set out of their artwork on skin
gave good ideas for those unsure
of where to take their tattoo
design, and it also provided a
laugh at just how creative people
can be. One of my favorite tattoos
from a book was a tattoo of
Wolverine riding a “My Little
Pony.” Another strange, but fascinating,
one was a full size tattoo
of a squirrel crawling up a
lady’s back.
What was amazing to me was
the true artistry that could make
I’ve been married for three
years, nine months and about 40
weeks. But who’s counting? The
thing I’ve learned during my marriage
is that you never stop learning
about your spouse. You think
you’ve figured them out and then
they do the exact opposite of
what you planned on.
They surprise you with a
handwritten note or hike up a
rocky hill-mountain just because
they know you like doing that
sort of thing. It’s the second ran-
River City
Roundabout
B y E r i c a Tu g g l e
the unappealing side of getting a
tattoo fade away. For those who
have heard stories or had friends
who got tattoos that they were
soon wishing to be without, the
category of best cover-up during
this event showcases true skill
with tattoo tools as these artists
turned something like a blotchy
ex-boyfriend’s name into a beautiful
flower piece.
The horror part of the
festival was a scream as well.
Saturday, Scream Queens Tiffany
Shepis and Stacey Dixson led a
panel titled, “So You Want to
be an Actress.” There was also
a best zombie contest that was
judged by zombie actors Sonya
Thompson and Larry Mainland
from the TNT series, “The
Walking Dead.”
Then there were the horror
celebrities that attended this
event and made fans pleasantly
squirm to be in the company
of these movie stars. Turning
the corner to come face to face
with creepy horror actor Michael
Berryman from “The Hills Have
Eyes,” “One Flew Over the
Cuckoos Nest,” “Weird Science”
and “The Devil’s Rejects” was a
shocking experience. Since Boris
Karloff and Vincent Price, there
hasn’t been an actor that naturally
looked like the perfect horror
monster until Berryman.
Yet, as a bit of a surprise,
this tall and creepy face from
the movies was a friendly guy
who clapped his arm around fans
during the pictures they took
and quoted lines from his movies
to make us all geek out.
Horror legend Berryman also has
an upcoming film he wants all
his fans to know about called,
“Below Zero” that will also star
Edward Furlong. Sounds “cool.”
For those horror fans who
are familiar with the movies
“House of 1,000 Corpses,” “The
Devil’s Rejects,” “Halloween,”
“The Texas Chainsaw Massacre
Pt. 2,” “Army of Darkness” and
“REPO-The Genetic Opera,”
Bill Moseley was there and very
much more well-shaven than his
character Otis is in “House of
1,000 Corpses.”
A Day in
the Life
B y R e b e c c a B r o c k m a n
dom act of husbandry kindness
that made me fall more in love
with Parish.
During the recent time
change weekend, I manually set
the clock on my phone because
it usually doesn’t do it on its own
– some Smartphone! Well, during
the wee hours of the morning,
my Blackberry corrected my
manual change and went ahead
another hour. I set my alarm
to come on at 8:45 a.m., but
due to the mix-up, my phone
Diversions
The first annual Chattanooga Full Moon Tattoo and Horror Festival brought rows upon rows of tattoo artists from
several states to participate in the live tattooing, showcasing of artistry and tattoo competitions. Horror celebrities
like Michael Berryman (“The Hills Have Eyes,” “One Flew Over the Cuckoos Nest” and “Weird Science”)
and Bill Moseley (“House of 1000 Corpses,” “Halloween,” and “REPO-The Genetic Opera”) were on hand to sign
autographs and speak with fans. (Erica Tuggle)
It was great to interact with
an actor like Moseley on a human
level, away from the silver screen.
Moseley said that his 23-year-old
daughter enjoys his films and the
work her father does, but his 12year-old
daughter will have to
wait a few years to see some of
his films before she can give her
opinion. Moseley also delivered
alarm came on at 7:45 a.m.
Confused? I was too. Regardless,
I was up an hour earlier than I
expected and instead of being
upset (I’m a huge fan of sleep),
I shouted to Parish, who was in
the other room, “Hey, let’s hike
Pinnacle.” He said that sounded
like a good idea and in a matter
of minutes, we were putting on
our walking shoes, brushing our
teeth and we were out the door.
Getting to Pinnacle early is key
– the later you go, the busier it
becomes with hikers, runners
and families looking for a free
outlet.
We arrived at the base of the
1,011 feet mountain a little after
9 a.m. This was the first time
Parish had hiked the mountain,
so he really didn’t know what to
expect. If you haven’t conquered
Pinnacle, let me just tell you, it’s
an adventure.
the signature line “Run, rabbit,
run!” from “House of 1,000
Corpses” during our talk. It was
a surreal moment indeed.
The Full Moon Festival is
new to Chattanooga, but the
10th annual Nashville Full
Moon Tattoo-Horror and Film
Festival will return May 13 to
15 at the Nashville Airport
About halfway up the
mountain, you start encountering
rocks, and they only get
bigger as you make your way to
the top. The hike is less than
a mile to the top, but you feel
like you’ve hiked at least two or
three because it’s so steep. We
paused a few times on the way
up to admire the view, catch our
breath and compare heartbeats. I
led the way most of the time and
occasionally, I would look back
and say, “Way to go P, we are
almost there.”
Parish told me later that he
probably wouldn’t have finished
the hike if I had not encouraged
him so much. He said at
one point he was ready to turn
around, but kept going, because
of me. He knew how much I like
walking up Pinnacle and spending
time outdoors.
We eventually made it to
Marriott. It will feature celebrities
Malcolm McDowell, Sid
Haig, William Forsythe and over
80 of the nation’s top tattoo artists.
If you can’t wait till October
for a dose of horror, these two
events are certainly festivals to
keep in mind.
Email Erica Tuggle at reporter@hamiltoncountyherald.com.
v
the top, and it was nice to see
(and feel) our determination
pay off. The view from the top
is absolutely beautiful, and it’s
peaceful sitting on a large rock
overlooking the city below. I
glanced over at my husband
and smiled, knowing he loved
me enough to sweat up a crazy
mountain and see me happy.
I’m continually reminded
that it’s the small and usually
free things in life that truly make
you happy. I will try to keep this
warm, fuzzy memory in my mind
as March Madness continues to
bombard me from every television
screen in our home. I guess
I’m still learning that there is
never, ever a break in sports.
Something tells me I still
have a lot to learn about this
sport-watching, dinner-cooking,
part time hiking, always remarkable
man of mine. v

8 Friday, March 25, 2011 www.hamiltoncountyherald.com
HAMILTON COUNTY HERALD
“The Longevity Project”
By Howard S. Friedman, PhD
and Leslie R. Martin, PhD
$25.95 / $32.50 Canada
248 pages, includes index
Life is good.
When you reflect on the
years you have lived, you’re content.
Sure, there have been times
when everything seemed lower
than a worm’s belly but, overall,
you’ve been blessed by friends,
family and happiness.
Life is good. So good, in
fact, that you would kind of like
to stick around for more of it.
But is it too late to live long and
prosper? In the new book “The
Longevity Project” by Howard
S. Friedman, PhD and Leslie R.
Martin, PhD, you’ll see how your
past influences the future you’ve
got left.
In the fall of 1921, Stanford
University psychologist Dr. Lewis
Terman embarked on a research
project that was destined to
outlive him. With the help of
his colleagues and his subjects’
parents, teachers, and – later
– their spouses, Terman hoped
It’s no secret that sticker
shock sets in quickly when you’re
looking at education expenses.
The price for yearly tuition alone
can range from nearly $8,000
at public four-year colleges for
in-state students to an eye-popping
$35,000 or more at private
four-year institutions, according
to the College Board. And those
amounts don’t include the cost
of room and board as well as
other expenses.
The good news is that the
tax laws offer a number of opportunities
to minimize your outof-pocket
education costs, if you
know how to make the most of
them. The Tennessee Society
of CPAs provides these valuable
tips.
An Important
Credit Extended
Late last year, Congress
voted to extend the American
Opportunity Credit (AOC),
which taxpayers can use to
reduce their tax burden for two
years. Since 2009, it’s been possible
to qualify for this credit for
as much as $2,500 per student
per year for qualified tuition and
expenses during the first four
years of post-secondary education.
The credit covers not only
school fees, but also course materials,
which might include books,
supplies and equipment.
The
Bookworm
B y T e r r i S c h l i c h e n m e y e r
to study 1,500 gifted schoolchildren,
long-term, in an effort to
understand why some people live
longer than others.
In 1990, when Friedman
was a professor and Martin a
grad student, they stumbled upon
Terman’s research and realized it
was exactly what they needed for
their own study on longevity.
Terman began his project
when the children were young,
and by the time Friedman
and Martin reconstructed his
findings to fit modern statistics,
most of the children were
dead. But the thousands of bits
of information they left were
astonishing.
To live a long life, must you
go early to bed, early to rise, eat
your veggies and exercise? In a
way, say the authors. The single
best indication of longevity was
conscientiousness. Conscientious
people tend to take better care of
themselves.
Hanging out with friends
might be fun, but it doesn’t
guarantee a long life; in fact,
social children tended to party
more, which lead to poor health.
There are income limits on
who can qualify for the credit, so
check with your CPA to learn
whether it applies in your situation.
Keep in mind, too, that you
can’t claim the credit unless you
are enrolled at least half-time.
The Lifetime Learning Credit
If the AOC doesn’t fit your
situation, look into the Lifetime
Learning Credit. It is worth up
to $2,000 per year for qualifying
students and covers an unlimited
number of years of education. It
can be used for students who are
going to school part-time and for
classes that don’t necessarily lead
to a degree. There are income
limits, so ask your CPA for more
details.
Tax Advantages for Loans
and Scholarships
Many students who carry
a heavy debt load to finance
their college education will be
happy to hear that it’s possible to
deduct up to $2,500 of the interest
paid on a student loan, even
if you don’t itemize deductions.
To qualify, the loan proceeds
must have been used for specific
educational expenses, such as
tuition, housing and board, fees,
books, supplies, transportation
and other related costs specified
by the IRS. Once again, income
limits apply; your CPA can tell
you more about how they work.
Diversions
Worrying is sometimes good, but
catastrophizers, generally speaking,
had a high rate of suicide.
Parental divorce had more of an
effect on longevity than did one’s
own divorce. Hard work doesn’t
just seem to make life longer.
Being feminine (for either sex)
was indicative of longevity and
marriage is good – if you’re a
man, and as long as you don’t
become a widower.
And that silly grin you’ve
got? Just stop it. Happiness has
nothing to do with long life.
Think you’ve already blown
your chance for near-immortality?
Not so: grab this fascinating
book before you get discouraged.
As it turns out, you may be able
to overcome your past by changing
your future.
Authors Friedman and
Martin wipe aside those old
wives’ tales we’ve all heard,
replacing them with useful,
intriguing results from an almost
100-year-old study. Not only is
that a fun look back at the social
mores of times past (check out
the boy-girl stereotypes), it also
helps make sense of the health
advice-blast we seem to receive
nearly daily.
Tweak your regimen here,
stop doing things, adjust your
thinking, read this book and
learn how to live to a ripe old
age. For any future senior citizen
wanna-be, “The Longevity
Project” is pretty good.
The Bookworm is Terri Schli-
Scholarships and
Employer-Paid Expenses
Students fortunate enough
to receive a scholarship or fellowship
should be aware that
they are not taxable as long as
the recipient is a degree candidate
and uses the money to cover
qualified education expenses at
an eligible educational institution.
If your employer is picking
up the bill for some or all of your
chenmeyer. Terri has been reading
since she was three years old
and she never goes anywhere with-
Federal tax laws can help lower your education costs
HCH
Hamilton County Herald
University Tower
651 East 4th Street, Suite 100
Chattanooga, TN 37403
The
Hamilton County
Herald
is available for
$15 a year.
Call
800-420-5103 now!
education, the first $5,250 they
ante up each year is not subject
to federal income taxes. The
money can be used for undergraduate
or graduate courses, and it is
not taxable even if the courses
are not work related. Qualifying
expenses include tuition, fees
and similar expenses, books, supplies
and equipment.
Tax Savings on Savings Bonds
Finally, U.S. savings bonds
out a book. She lives on a hill
in Wisconsin with two dogs and
12,000 books. v
are a popular gift that recipients
often use to help defray college
costs.
It may not be necessary to
pay taxes on the interest earned
on qualified U.S. series EE bonds
issued after 1989 or a series I
bonds if the taxpayer meets certain
income limits and other
requirements.
Source: Tennessee Society of
CPAs v
Brainbuster — Make your brain tingle!
By Kay Bona
1. During the 1990 season,
this team rolled to a 29-5
regular season record before
annihilating the competition
in the NCAA Tournament.
Led by head coach Jerry
Tarkanian and his “amoeba
defense”, which team walloped
Duke 103-73 in the
championship game? Georgia
Tech; UNLV; Fresno State;
Arkansas.
2. The 1998 National
Champion won its second
title of the decade by defeating
an unlikely Mountain
West Conference opponent.
Who was the 1998 champ?
Arkansas; Kentucky; North
Carolina; UNLV.
3. Who won the 1994
NCAA championship? Duke;
Arizona; Florida; Arkansas.
4. Who made the threepointer
in the latter part of
the game to put the dagger in
the Blue Devils heart? Scotty
Thurman; Corliss Williamson;
Dwight Stewart; Ken Biley.
5. The 2008 March
Madness saw the Final Four
made up of all number one
seeded teams. How many times
had this happened before? 9;
3; 0; 6.
6. Who did North
Carolina beat in the elite
eight to advance to the final
four? Michigan State; Arizona;
Kentucky; Wisconsin.
7. Which of the final four
teams scored the most points
during the two final four
games? Louisville; Michigan
State; North Carolina; Illinois.
8. Which team won
the 2005 NCAA Men’s
Basketball Tournament?
North Carolina State; Duke
University; University of
Illinois; University of North
Carolina.
9. In 2007, Ohio State
defeated this team in the Elite
Eight to advance to the Final
Four. UCLA; Georgetown;
North Carolina; Memphis.
10. In 2007, which two
teams advanced to the championship
game? Florida and
Georgetown; Ohio State and
Georgetown; UCLA and Ohio
State; Ohio State and Florida;
Ohio State and Florida.
ANSWERS
1. UNLV 2. Kentucky 3.
Arkansas 4. Scotty Thurman
5. Zero. This is the first time
that all four No. 1 seeds made
the Final Four, since the seeding
process began in 1979. 6.
North Carolina beat Wisconsin
88-82 on March 27th. It was
the final for the Syracuse
region. 7. North Carolina
beat Michigan State 87-71,
and Illinois beat Louisville 72-
57. The final four took place
on April 2nd. 8. University of
North Carolina beat Illinois
75-70 on April 4th. This was
the first time Roy Williams
had won a NCAA championship.
9. Memphis. The Ohio
State Buckeyes defeated the
Memphis Tigers with a score
of 92-76, advancing to the
Final Four. 10. Ohio State
beat Georgetown, and Florida
beat UCLA. During the 2007
regular season, Florida and
Ohio State played, ending in
a 26-point Florida victory.

HAMILTON COUNTY HERALD www.hamiltoncountyherald.com
Friday, March 25, 2011 9
Elliott Continued from page 1
including Elliott.
During the event, Judge
Clarence Shattuck gave a speech
to make those in attendance
aware of Elliott’s contributions
to his profession and the community
at large.
Shattuck detailed some of
Elliott’s life-long love of history
that has been used to help others
love history, too. Elliott has
written or edited three books on
the Civil War, has written articles
and essays for many publications
and has spoken about Civil
War topics to various groups in
11 states.
Last November, Elliott gave
the keynote speech concerning
the war in Tennessee on
the 150th anniversary of the
Civil War. He also appeared in
a Nashville Public Television
program on Tennessee’s secession
that premiered on PBS.
He currently serves as chairman
of the Tennessee Historical
Commission. Elliott’s family has
been in Soddy Daisy since the
Civil War days, and he has even
traced his ancestors back to our
country’s Revolutionary War.
Elliott has been selected as
a Mid-South Super Lawyer and
has received the highest rating
from Martindale-Hubbell, an
Claws Continued from page 2
through the lower courts in the
past, but had been routinely
struck down by higher courts.
Staub v. Proctor Hospital was
the first time the U.S. Supreme
Court had ever ruled in a case
evoking the “cat’s paw” theory
of liability.
“This decision will have
broad implications for many types
of employment cases because the
Supreme Court interpreted the
phrase ‘motivating factor,’ which
is a common element of discrimination
and retaliation claims,”
Eason said.
As example, Eason said a
common defense in racial discrimination
cases has been ignorance.
If the defendant could
take the stand and testify that he
or she did not know the plaintiff’s
race, courts would hold that
as a valid defense and rule for the
defense.
Now, ignorance is not a
defense. If the decision-maker
took action using other’s input,
and those other parties were discriminating
against the plaintiff
due to race, the decision-maker
is liable as if he or she had perpetrated
the racial discriminatory
actions.
“The decision creates a
significant difficulty for human
resources professionals,” said
Eason. “The only way an employer
can insulate itself from
the ‘cat’s paw’ theory of liability
is for the decision-maker to rely
entirely on information obtained
from employees who have no
discriminatory motive. Ensuring
that this is the case will be difficult,
especially in disciplinary
cases. The HR professional’s
only protection is to attempt to
uncover any undisclosed motives
by confirming the supervisor’s
information through as many
sources as possible.”
One Mississippi academician,
who asked to not be identified,
said he did not see Staub
v. Proctor Hospital changing
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human resource management
curricula. Rather, it merely
emphasizes the need for human
resources managers to make sure
their actions stay within the
bounds of employment law.
“Any HR who were not
documenting their actions and
were not ensuring that they were
staying within the law before
this ruling were headed for trouble,”
the source said. “This ruling
just drives home the point that
documentation and knowing the
law are essential to keeping companies
out of court.”
The academician said the
ruling is just another obstacle for
companies and their HR departments,
costing them time and
money. He laments the opportunity
cost.
“If an employer is spending
time and money making sure
they are not violating employment
law in firing an employee,
that is resources that could be
used for positive things, such as
hiring,” the source said.
The source wondered if the
fact that military service was
involved swayed the justices.
He said the U.S. has a volunteer
army, which is engaged in
conflicts overseas. The fact that
Staub claimed military service
discrimination might have “rung
with the justices.”
Eason thinks not. He said
he thought the justices would
find racial, gender or other discriminatory
practices equally as
reprehensible – and unlawful.
And he pointed out that the
decision was written by Justice
Scalia, who is a conservative.
Eason said HR people
need to be educated on the
“cat’s paw” theory. Indeed, the
Mississippi Business Journal contacted
numerous HR professionals
across the state, and not one
of them was familiar with the
theory or the recent ruling by
the Supreme Court. v
501-372-1389
300 S. Izard Street • Little Rock, Arkansas 72201
organization that rates lawyers
throughout the country.
One of his partners said:
“He is the ultimate lawyer’s lawyer
and is always willing to share
his knowledge and experience.
In fact, he has been the mentor
to the young lawyers joining
their firm.”
Elliott served as president
of the Chattanooga Bar
Association in 2001, after serving
on the Board of Governors
for five years.
An official with the CBA
said, “Sam strives to represent
his profession as a true leader;
is straight up, honest, and can
be relied on to do exactly what
he says. [He’s] also a leader who
gets results and a delight with
whom to work.”
Elliott is currently serving
as president of the Tennessee
Bar Association, the state’s
largest professional association,
with more than 11,000 lawyers
as members. Additionally, he
has served on the boards of the
Friends of the Chickamauga
and the Chattanooga National
Military Park and is a pro bono
volunteer for Legal Aid of East
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Tennessee, an organization
that provides legal assistance to
citizens who cannot afford an
attorney. He has also served as
deacon, trustee and elder at the
Signal Mountain Presbyterian
Church.
One of his colleagues said,
“Yes, Sam is passionate about
his work, his family, Soddy Daisy
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Elliott has been a litigation
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He has represented the municipal
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Collegedale and Lakesite for a
number of years, giving him
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rights litigation. He’s advised
clients on issues of employment
law, commercial disputes and
professional liability.
Raised in Soddy Daisy,
he attended Sewanee: The
University of the South in the
’70s, majored in history and
then entered law school. He
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10 Friday, March 25, 2011 www.hamiltoncountyherald.com
HAMILTON COUNTY HERALD
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
NATALIE JO CROWE CARTER
VS DOCKET NO. 11D567
AMOS LEBRON KITCHENS
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
AMOS KITCHENS.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless AMOS KITCHENS answers and
makes defense to said complaint in the offices
of the Circuit Court Clerk of Hamilton County,
Tennessee, within thirty (30) days after the
fourth weekly publication of this order, the
same will be taken as admitted by AMOS
KITCHENS and the case will be set for hearing
ex parte or without AMOS KITCHENS
presence.
This 15th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST
CHATTANOOGA, TN 37403
HCH4T-3/25,4/1,4/8,4/15/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
DUSTIN LEE CRAMER
VS DOCKET NO. 11D530
TIYA NICOLE HUFFORD
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
TIYA HUFFORD.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless TIYA HUFFORD answers and
makes defense to said complaint in the offices
of the Circuit Court Clerk of Hamilton County,
Tennessee, within thirty (30) days after the
fourth weekly publication of this order, the
same will be taken as admitted by TIYA HUF-
FORD and the case will be set for hearing ex
parte or without TIYA HUFFORD presence.
This 11th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST
CHATTANOOGA, TN 37403
HCH4T-3/18,3/25,4/1,4/8/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
JASON GRANT STEVENS
VS DOCKET NO. 11D548
CAROLYN ANN STEVENS
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
CAROLYN STEVENS.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless CAROLYN STEVENS answers
and makes defense to said complaint in the
offices of the Circuit Court Clerk of Hamilton
County, Tennessee, within thirty (30) days
after the fourth weekly publication of this
order, the same will be taken as admitted by
CAROLYN STEVENS and the case will be
set for hearing ex parte or without CAROLYN
STEVENS presence.
This 14th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST
CHATTANOOGA, TN 37403
HCH4T-3/18,3/25,4/1,4/8/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
LISA ANNETTE CAMACHO
VS DOCKET NO. 11D547
CARLOS CAMACHO
Hamilton County
puBlIc notIces
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
CARLOS CAMACHO.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless CARLOS CAMACHO answers
and makes defense to said complaint in the
offices of the Circuit Court Clerk of Hamilton
County, Tennessee, within thirty (30) days
after the fourth weekly publication of this
order, the same will be taken as admitted by
CARLOS CAMACHO and the case will be
set for hearing ex parte or without CARLOS
CAMACHO presence.
This 14th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST
CHATTANOOGA, TN 37403
HCH4T-3/18,3/25,4/1,4/8/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
ARICA NIKOLE HALL
VS DOCKET NO. 11D540
FRANSISCO JAVIER DESANTIAGO-
ARTEAGA
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
FRANSISCO DESANTIAGO-ARTEAGA.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless FRANSISCO DESANTIAGO-
ARTEAGA answers and makes defense to said
complaint in the offices of the Circuit Court
Clerk of Hamilton County, Tennessee, within
thirty (30) days after the fourth weekly publication
of this order, the same will be taken as
admitted by FRANSISCO DESANTIAGO-
ARTEAGA and the case will be set for hearing
ex parte or without FRANSISCO DESAN-
TIAGO-ARTEAGA presence.
This 11th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
PRO SE
HCH4T-3/18,3/25,4/1,4/8/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
LANESHA HARRIS
VS DOCKET NO. 11D499
CLENNETH JUNIOR HARRIS
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
CLENNETH HARRIS.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless CLENNETH HARRIS answers
and makes defense to said complaint in the
offices of the Circuit Court Clerk of Hamilton
County, Tennessee, within thirty (30) days
after the fourth weekly publication of this
order, the same will be taken as admitted by
CLENNETH HARRIS and the case will be set
for hearing ex parte or without CLENNETH
HARRIS presence.
This 7th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST.
CHATTANOOGA, TN 37403
HCH4T-3/18,3/25,4/1,4/8/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
HEATHER DAWN PHELPS
VS DOCKET NO. 11D500
BOKHODIR ABDUVALIYEVICH MUSTA-
KIMOV
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
BOKHODIR MUSTAKIMOV.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless BOKHODIR MUSTAKIMOV
answers and makes defense to said complaint
in the offices of the Circuit Court Clerk of
Hamilton County, Tennessee, within thirty (30)
days after the fourth weekly publication of
this order, the same will be taken as admitted
by BOKHODIR MUSTAKIMOV and the
case will be set for hearing ex parte or without
BOKHODIR MUSTAKIMOV presence.
This 7th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST.
CHATTANOOGA, TN 37403
HCH4T-3/18,3/25,4/1,4/8/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
NANCY RUTH YOUNG
VS DOCKET NO. 11D498
JULIAN DALE JR. YOUNG
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
JULIAN YOUNG JR..
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless JULIAN YOUNG JR. answers and
makes defense to said complaint in the offices
of the Circuit Court Clerk of Hamilton County,
Tennessee, within thirty (30) days after the
fourth weekly publication of this order, the
same will be taken as admitted by JULIAN
YOUNG JR. and the case will be set for hearing
ex parte or without JULIAN YOUNG JR.
presence.
This 7th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST.
CHATTANOOGA, TN 37403
HCH4T-3/18,3/25,4/1,4/8/11
IN THE JUVENILE COURT OF
HAMILTON COUNTY, TENNESSEE
STATE OF TENNESSEE DEPARTMENT OF
CHILDREN’S SERVICES
PETITIONER
vs. 239,408
GEORGE DIAZ
RESPONDENT
IN THE MATTER OF:
Michael Morris, B.10/03/2008
Child Under Eighteen (18) Years of Age
ORDER FOR SERVICE
BY PUBLICATION
It appearing to the Court from the allegations
of the Petition for Termination of Parental
Rights, Motion for Service by Publication and
the Affidavit of Diligent Search that the whereabouts
of the Defendant, George Diaz, is
unknown and cannot be ascertained by diligent
search, therefore, the ordinary process of law
cannot be served upon them. It is, therefore,
ORDERED that said Defendant be served by
publication of the following notice for four
consecutive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee.
DEFENDANT
GEORGE DIAZ
NOTICE
The State of Tennessee, Department of
Children’s Services has filed a Petition to
Terminate Parental Rights against you seeking
to forever terminate your parental rights to
the child, Michael Morris. It appears from the
record in this matter that ordinary process
of law cannot be served on you because your
whereabouts are unknown. You are hereby
ORDERED to appear before the Hamilton
County Juvenile Court, 1600 E. 3rd Street,
Chattanooga, TN 37404 for trial on April
27th, 2011 at 9:00 a.m. to plead and/or answer
the Petition. On the above date, the Court
will hold a hearing for the relief demanded
in the Petition. If you fail to appear at the
hearing, evidence will be presented in your
absence, and your parental rights to the
subject child could be forever terminated at
the hearing. Any appeal of this Court’s final
disposition of the complaint or petition for
termination of parental rights will be governed
by the provisions of Rule 8A, TRAP, which
imposes special time limitations for the filing
of the transcript or statement of evidence, the
completion and transmission of the record on
appeal, and the filing of briefs in the appellate
court, as well as other special provisions
for expediting the appeal. You may obtain
a copy of the Petition and any subsequently
filed legal documents or hearing dates in the
Juvenile Court Clerk’s Office at the address
shown above.
Entered this the 10th day of March, 2011.
Hamilton County Juvenile Court Judge
APPROVED FOR ENTRY:
Kathy Rowell, BPR #024016
Attorney for the Tennessee
Dept. of Children’s Services
540 McCallie Ave., Ste. 150
Chattanooga, TN 37402
HCH4T-3/18,3/25,4/1,4/8/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
TRINA LASHANNA WALKER
VS DOCKET NO. 11D445
MARVIN ISSAC WALKER
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
MARVIN WALKER.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless MARVIN WALKER answers and
makes defense to said complaint in the offices
of the Circuit Court Clerk of Hamilton County,
Tennessee, within thirty (30) days after the
fourth weekly publication of this order, the
same will be taken as admitted by MARVIN
WALKER and the case will be set for hearing
ex parte or without MARVIN WALKER
presence.
This 1st day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
RICHARD BRENT TEETER
WILLARD BLDG #400
615 LINDSAY ST
CHATTANOOGA, TN 37403
HCH4T-3/11,3/18,3/25,4/1/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
THE ADOPTION OF: EMMA KATE
FRANCIS
VS DOCKET NO. 11A115
AMANDA ELIZABETH FRANCIS
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
UNKNOWN FATHER.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless UNKNOWN FATHER answers
and makes defense to said complaint in the
offices of the Circuit Court Clerk of Hamilton
County, Tennessee, within thirty (30) days
after the fourth weekly publication of this
order, the same will be taken as admitted by
UNKNOWN FATHER and the case will be set
for hearing ex parte or without UNKNOWN
FATHER presence.
This 2nd day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
LISA ZARZOUR BOWMAN
23 PATTEN PKWY
CHATTANOOGA, TN 37402
HCH4T-3/11,3/18,3/25,4/1/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
LATOYA N. WALKER
VS DOCKET NO. 11D469
ALVIN L. BELCHER
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
ALVIN BELCHER.
IT IS ORDERED that publication be made
for four successive weeks in the Hamilton
County Herald, a newspaper published in
Hamilton County, Tennessee, notifying said
non-resident that unless ALVIN BELCHER
answers and makes defense to said complaint
in the offices of the Circuit Court Clerk of
Hamilton County, Tennessee, within thirty (30)
days after the fourth weekly publication of this
order, the same will be taken as admitted by
ALVIN BELCHER and the case will be set for
hearing ex parte or without ALVIN BELCHER
presence.
This 3rd day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
AMANDA N. RAY
1000 TALLAN BLDG
TWO UNION SQUARE
CHATTANOOGA, TN 37402
HCH4T-3/11,3/18,3/25,4/1/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
HUNTER BRYCE B/N/F ASHLEY MC-
CLURE THORNBURY
VS DOCKET NO. 10C1423
JEFFREY TYLER THORNBURY
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
JEFFREY TYLER THORNBURY.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless JEFFREY TYLER THORNBURY
answers and makes defense to said complaint
in the offices of the Circuit Court Clerk of
Hamilton County, Tennessee, within thirty (30)
days after the fourth weekly publication of
this order, the same will be taken as admitted
by JEFFREY TYLER THORNBURY and the
case will be set for hearing ex parte or without
JEFFREY TYLER THORNBURY presence.
This 7th day of March, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
LISA ZARZOUR BOWMAN
23 PATTEN PKWY
CHATTANOOGA, TN 37402
HCH4T-3/11,3/18,3/25,4/1/11
NON-RESIDENT NOTICE
STATE OF TENNESSEE,
COUNTY OF HAMILTON
JAMIE DAWN DOUGHERTY
VS DOCKET NO. 11D377
CASEY WILLIAM DOUGHERTY
It appearing from allegations in Plaintiff’s Bill,
which is sworn to, that the defendant is a nonresident
of the State of Tennessee, so that the
ordinary process of law cannot be served upon
CASEY DOUGHERTY.
IT IS ORDERED that publication be made for
four successive weeks in the Hamilton County
Herald, a newspaper published in Hamilton
County, Tennessee, notifying said non-resident
that unless CASEY DOUGHERTY answers
and makes defense to said complaint in the
offices of the Circuit Court Clerk of Hamilton
County, Tennessee, within thirty (30) days
after the fourth weekly publication of this
order, the same will be taken as admitted by
CASEY DOUGHERTY and the case will be
set for hearing ex parte or without CASEY
DOUGHERTY presence.
This 18th day of February, 2011.
PAULA T. THOMPSON,
CIRCUIT COURT CLERK
ATTORNEY FOR PLAINTIFF
PRO SE
HCH4T-3/4,3/11,3/18,3/25/11
STATE OF TENNESSEE
ORDER OF PUBLICATION
EAST RIDGE 16 LLC
PLAINTIFF
Docket Number: 10GS7520
HENDERSON, REBECCA D
DEFENDANT
Date of This Order: February 23rd, 2011
Appearance Date: May 2nd, 2011 at 11:00 a.m.
Appearance Address: Court of General Sessions,
Civil Division, Room 111 Hamilton
County City Courts Building, 600 Market
Street, Chattanooga, TN 37402-1911
It appearing from the record in this cause that
the defendant is a non-resident of Tennessee,
and certain property or money has been
attached.
One or more civil warrants have issued but returned
unserved, and an attachment issued and
was levied upon certain property or money.
IT IS ORDERED that publication be made
requiring the defendant to appear at the time
and place stated above and defend this suit, or
a judgment by default may be entered against
her. This Order shall be published in a newspaper
by this County as required by law.
PAULA T. THOMPSON
CLERK OF GENERAL SESSIONS
ATTORNEY FOR PLAINTIFF
WAGNER NELSON WEEKS
701 MARKET ST., STE. 1418
CHATTANOOGA, TN 37402
HCH4T-3/4,3/11,3/18,3/25/11 v

HAMILTON COUNTY HERALD www.hamiltoncountyherald.com
Friday, March 25, 2011 11
Commentary: Can your Web site be found by search engines?
By Tom Eberle
The Daily Record Newswire
A Web site may be easy
to navigate and have aesthetic
appeal, but it won’t be found if
it’s not visible to search engines.
Ranking high in search
results doesn’t happen by accident;
it happens as a result of
search engine optimization.
SEO is used to increase visibility
in the natural or organic
section of search engine results
(nonpaid area). In general, the
higher and more often a Web
site appears in the search engine
results page, the more traffic
it will receive from the search
engine. A brand’s position on
the search engine results page is
critical for traffic being driven to
the site.
SEO takes into account the
algorithms that search engines
use and applies techniques to
HTML code and content to
increase relevancy for keywords
and phrases. The SEO process
also removes barriers that may
prevent a Web site from being
indexed properly or crawled by
the search bots that read and
collect information about Web
sites. Additionally, promotion
By Perrin Rynders, Esq.
The Daily Record Newswire
Books and articles about
cross-examination abound, and
I have collected many. Quite a
few of them are worth reading.
What I find amusing is that
the authors often write flowery
phrases like “cross-examination
is generally considered to be
the most difficult branch of the
multifarious duties of the advocate.”
Truth be told, authors like
the topic because cross-examination
is the fun part of a trial.
That is when trial advocates get
to shine – much like the tee box
is where golfers strut their stuff.
I recently conducted searches
on Google for “how to drive a
golf ball” and “how to putt.” The
ratio of hits was more than 5-1.
Yet, everyone knows you “drive
for show, putt for dough.”
So let us turn our attention
to direct examination, which
may not be where trial advocates
show off, but is nevertheless
where they earn their money.
Success in the courtroom
requires control. The challenge
for the direct examiner is to con-
of a Web site on other Web
sites increases the links back to
the site (“backlinks,” or inbound
links) and also favorably impacts
the search ranking.
How important is SEO? A
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When done properly, SEO
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duct a persuasive examination
where the witness is allowed
to shine.
Questions that suggest the
answer are prohibited, so how do
we keep the witness from straying
off course? Is there no way to
maintain control?
Indeed there is, and I offer a
simple technique to do so.
No amount of mechanical
fluency will suffice without
appropriate content. Every advocate
must have a theme, and
each direct examination must be
consistent with that theme. The
way to convey the important
facts that support the overall
theme is by telling a story.
These concepts are vital to
an advocate’s success, and they
transcend the direct examination.
For now, though, we will
concern ourselves with a simple
technique to employ as you tell
your client’s organized and thematically
consistent story to the
jury.
Here it is: ask specific questions,
each of which seeks one
small piece of information that is
crucial to the jury’s understanding
of the case.
Just asking open-ended -
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questions is not good enough.
The witness may have forgotten
the lessons from the preparation
session:
Q: Goldilocks, would you
please tell me about your afternoon
trip into the forest?
A: Sure. I like to take
walks in the forest when it’s
nice outside, which it was that
day because the sun was shining
brightly and there were maybe
two or three clouds in the sky.
I think they were altocumulus
because ...
Q: Excuse me, Goldilocks.
What happened during your
afternoon trip into the forest?
A: Oh, sorry. I usually hike
along my favorite trail. It’s my
favorite because it is wide and
smooth, and it’s not very hilly.
The hilly trails are tiring and
make me hungry, but my mom
won’t ever let me have a snack
when I get back home because
she thinks it’ll ruin my appetite
for dinner. My mom’s always
worried about me ruining my
appetite.
Q: Please, Goldilocks, where
did you go when you took your
walk in the woods?
A: I was trying to tell you. I
“correct.” The tool provides useful
information, including suggestions
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Make the quick fixes
Many problems can be
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have my favorite trail, but it had
rained the day before and that
trail was muddy. So I took a hilly
trail because it wasn’t as muddy.
It was pretty long, too.
Unfortunately, the witness
has taken a hike from the
planned itinerary, and now
your case is lost in the woods.
Consider this:
Q: Goldilocks, did you take
a walk into the forest?
A: Yes, I did.
Q: Did you come across any
buildings while you were on your
walk?
A: As a matter of fact, yes.
Q: I’m going to ask you
questions about that, but first,
how long had you been walking
before you found that building?
A: Approximately three
hours.
Q: Do you normally take
such long walks in the forest?
A: No, but I was lost.
Q: Was it still light out?
A: Just barely, but it was
getting dark fast.
Q: After three hours in the
forest, on the verge of darkness,
how were you feeling?
A: I was cold. I was tired. I
was hungry. And I was scared.
Q: So after three hours you
came across a building. What
kind of building did you find?
A: Someone’s home.
Q: How did finding a home
make you feel?
A: I was so relieved because
I figured there would be someone
there to help me.
Q: Did you go inside this
home?
Establish webmaster accounts
Each of the three big search
engines, Google Webmaster
Central, Bing Webmaster Center
and Yahoo Site Explorer, have
their own webmaster accounts
available and provide tools to
submit Web sites for indexing
and verify that Web sites are
being crawled by web bots properly.
They also provide other
information to help debug issues
that may be preventing Web
sites from being indexed.
Claim a local search listing
This is an important topic
these days because 40 percent of
all queries have local intent. The
three big search engines have
their own local search capabilities
with a free listing claim
process. GetListed.org will guide
people through the process for
each search engine.
Create a backlink campaign
Backlinks are incoming or
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Search engines use a number
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Building Fundamentals” by
Adam Audette. v
Commentary: Direct examination requires precise questioning method
FBI Continued from page 4
tionary, or the back of a cocktail
napkin.”
The unit’s forensic examiners
are often tasked with decoding
encrypted evidence after subjects
have been arrested. But CRRU
also plays an important role in
thwarting crime by intercepting
coded messages – like the prison
letter above – particularly among
inmates and gang members. “We
solve crimes,” Olson said, “but
we actually prevent more crimes
than we solve.”
The art of breaking codes
is an “old-fashioned battle of
the minds” between code makers
and code breakers, Olson added,
explaining that CRRU is the
only law enforcement unit anywhere
that deals exclusively with
manual – as opposed to digital
– code breaking.
“We would love to find our
counterparts somewhere in the
world,” he said, “but so far we
haven’t been able to. No one
seems to have the niche that we
have.”
Becoming a cryptanalyst requires
a basic four-month training
course and plenty of continuing
education to learn the ageold
patterns and techniques of
code makers. Olson insists that
almost anyone can learn basic
code-breaking skills (see photo
on page 4), but certain personality
types seem best suited to
the job, including those who
like solving puzzles and who are
determined and tenacious.
The unit’s examiners include
linguists, mathematicians, and
former law enforcement officers
like Debra O’Donnell, who
worked drug and gang cases in
New Jersey before joining the
Bureau. “This is very rewarding
work,” O’Donnell said, “but you
have to have the right temperament
for it, because you can’t
break every code.”
Still, since World War II,
when Bureau cryptanalysts were
responsible for cracking Nazi spy
codes, CRRU has been getting
results – not only for FBI cases
but also for local, state, and federal
investigators who request
our training and assistance.
“We’ve evolved with the
crime trends over the years,”
Olson said, “but at the same time
we’ve kept our previous missions.
As long as there are criminals,”
he added, ”there will be a need
for cryptanalysts.”
(www.fbi.gov) v
A: I sure did.
Q: Was there a kitchen
inside?
A: Yes.
Q: Did you see any food?
A: Yes, there were three
bowls of porridge on the kitchen
table.
Q: You said you were hungry
– did you eat any of the
porridge?
A: Yes. I tasted the porridge
in two of the bowls. One was too
hot, and the other was too cold.
I ate all of the porridge in the
third bowl because I was starving
and, well, the temperature was
just right.
These questions are not
leading. Instead, they invite the
witness to tell her story one
small, important piece at a time.
The result is a direct examination
where the focus is on
the witness, but the advocate is
firmly in control.
Periodically you will be
blessed with a witness who needs
very little help. This witness
might be an expert who has testified
hundreds of times. Or an
eyewitness who has but one fact
to deliver, and who be can asked,
“What did you see?”
But most times, you will
not be so blessed. Those times,
identify the important facts that
will provide the jury with the
information it needs, keep your
theme in mind, and then ask
specific questions that will guide
your witness smoothly through
the direct examination.
Maybe direct examination
can be fun after all. v

12 Friday, March 25, 2011 www.hamiltoncountyherald.com
HAMILTON COUNTY HERALD
Advanced Video Solutions offers invaluable services to attorneys
By David Laprad
If a picture is worth a thousand
words, then a moving image
must be worth ten thousand.
And Barry Cammon, owner of
Advanced Video Solutions, has
shot enough footage to fill the
books of the Library of Congress.
Cammon provides a variety
of video services to lawyers in
Chattanooga and beyond, from
taping depositions, wills and settlements
to creating mini-documentaries
about the lives of their
clients. He’s shot footage where
accidents have taken place to
help juries visualize and understand
the misfortune that befell
a plaintiff, analyzed surveillance
video to determine if someone
bringing a claim against a defendant
truly slipped and fell or was
simply trying to earn easy money,
and recorded some of the last
words victims of mesothelioma
ever said.
Most of his jobs center on
wrongful injury or death, but
the work never becomes tedious,
Cammon says, because each case
offers something new.
“Every day is different. That’s
what makes doing this fun.”
Cammon says he becomes
engrossed in some of the depositions
he tapes, to the point of
wishing he could hear the other
side of the story and then learn
about the outcome of the litigation.
But once his work is done,
he rarely hears how things turn
out, partly because he’s moved
on to other things.
“We do 80 to 100 depositions
a year. If the lawyers are
busy, I’m busy,” he says.
An award-winning documentary
filmmaker with an
By David Laprad
The weather is one of the
choice topics of discussion among
people of good Southern stock.
A forecast for rain is a great conversation
starter, and a decent
snowfall can produce enough war
stories to keep people chatting
for days.
So far, 2011 has given the
people of Chattanooga, the
Tennessee Valley and Northwest
Georgia plenty of grist for the
conversation mill. From snow in
January, to tornadoes in February,
to 80-degree temperatures in
March, Mother Nature has provided
a Whitman’s Sampler of
weather conditions, leading to
rampant speculation about what
this spring will bring. The consensus
is that area residents are in
for a bumpy ride.
But since 99.9 percent of
the people in Chattanooga have
no meteorological training, how
accurate is that assessment?
Moreover, what kind of weather
can local residents expect over
the next two months? And how
should they prepare?
Since 100 percent of the staff
at the Hamilton County Herald
has no meteorological training,
either, the newspaper turned to
a local authority on the matter:
David Glenn, chief meteorologist
at WTVC News Channel 9. He
unravels the mystery of what this
spring holds:
“This winter, two factors
worked together. The La Niña
pattern is the periodic cooling of
the eastern Pacific waters, which
tends to cause ocean and air current
changes across the globe. La
Niña is the opposite of El Niño,
which is the periodic warming of
the same Pacific waters.
“Historically, La Niña winters
have exhibited cold starts in
Barry Cammon is the owner of Advanced Video Solutions, which provides a variety of services to lawyers in
Chattanooga and beyond, from taping depositions, wills and settlements to creating mini-documentaries about the
lives of their clients. (David Laprad)
appreciation for human stories,
Cammon especially enjoys making
“day in the life” videos for
his clients. These mini-documentaries
offer skillfully stitched
together testimonies and photos
to give jurists or the participants
in a settlement hearing
a clear account of one side’s
point of view and the emotions
involved.
Cammon pulls up to his
desk, which looks like mission
control at the Super Bowl, and
loads one of the videos. While
the quality of the lighting, photography
and other technical elements
approach what would be
seen on a prime time television
news show such as “60 Minutes,”
the most impressive aspect of the
December, only to have milder
conditions prevail in January and
February. We did have the cold
December and February, but what
about January? La Niña was there,
but a polar jet stream blocked
that pattern.
“Something known as the
Pacific Decadal Oscillation could
have caused this. We are currently
in a cooler period of the PDO,
which can lead to blocking patterns
that last for weeks. We saw
such a pattern from December
through late January, which
resulted in cold arctic air moving
in. Plus, the storm systems moving
in from the Pacific crossed the
Rockies and then dropped south
over the Plains, which pulled in
the colder air.
“The end result was several
periods of snow and below normal
temperatures for December
and January. The blocking pattern
subsided in February, and
we warmed up as true La Niña
conditions settled in.”
The end result, Glenn says,
was 13 inches of snow for the
season, which is well above the
normal range of 4.8 inches per
year.
“Even though we had a lot
of snow, rain was lacking during
the time the blocking pattern
dominated our pattern. We began
February with a huge rainfall deficit.
La Niña patterns historically
are drier for the Southeast, but
here in the Tennessee Valley, it
can bring near to slightly above
normal rainfall. So, since the
La Niña pattern took over in
February, we’ve had above normal
temperatures and above normal
rainfall,” he says.
Glenn says the ongoing La
Niña is also responsible for the
rumblings about a rough spring.
“Historically, La Niña patterns
across the Southeast can
piece is how Cammon draws the
viewer into the story.
In the video, the victim of
a motorcycle accident describes
the event that changed his life.
Cammon mixed his testimony
with photos of the man in
the hospital, hooked up to every
conceivable device. He then
inserted footage of his brother,
who breaks down as he describes
what his sibling’s life was like
before the accident, and the ways
in which things are different for
him now. Cammon ended with
the victim, who laments being
unable to go fishing with his son,
but thanks God for sparing him.
“Our day in the life videos
aren’t dramatic. We don’t use
voiceover work or turn them
enhance the development
of strong storm systems racing
through the Plain states and then
into the Tennessee and Ohio
River Valley. That usually puts
us in a favorable area for severe
weather. This can be most active
in March and April.”
To prepare for whatever
lies ahead, people should have
a severe weather plan in place,
Glenn says.
“Have a safe place planned
so everyone in your home knows
where to go for safety. For severe
thunderstorms and tornadoes,
that would be the lowest level of
your home away from windows,
such as a bathroom, closet or hallway.
A storm shelter or below-
into theatrical productions. We
simply use what the family has
given us,” he says.
Cammon says it’s important
for the mini-docs to feel genuine,
so he asks his clients to not prepare
the people he’ll be filming.
“If a witness is prepared, his
testimony will end up looking
staged. And people see that. I like
to go in cold. I’ll let the attorney
prepare a list of questions he’d
like to ask, but not give them to
the person in advance,” he says.
Cammon attended Auburn
University, where he earned a
degree in Mass Communication.
Although he wanted to become
the next Hitchcock, he took
a job working in the control
room of a television station in
ground basement is even better.
Mobile homes are not safe, so you
must get to a safer structure when
tornado and severe thunderstorm
watches are issued,” he says.
In regard to water over a
road, Glenn wants drivers to be
aware that just six inches of water
can move a car. To avoid trouble,
he recommends people remember
this simple rhyme: “Turn around;
don’t drown.”
He also wants people tuned
in to a local weather source when
conditions begin to worsen.
“I’ve worked in this industry
for almost 20 years. In that time,
I’ve seen technology change
drastically. The result has been
much more accurate forecasts.
Montgomery, Ala., instead. The
long hours in an enclosed space
and repetitive button pushing
bored Cammon, so when he was
offered the opportunity to shoot
news video, he took it. However,
he didn’t like doing that, either.
Cammon finally found work he
enjoyed when he landed a job
making television commercials.
This eventually led to an 18year
stint in production management.
“The company that purchased
Channel 12 brought me
to Chattanooga in 1996. I was
only going to stay here one year,
but I fell in love,” he says.
In 2005, Cammon’s wife,
Tonya, suggest he launch a digital
video production business,
and Advanced Video Solutions
was born.
“She said the other video
production businesses in Chattanooga
hadn’t made the switch to
digital. They were still shooting
in analog, and in some cases
using VHS. We purchased allnew,
state of the art equipment
and opened our doors,” he says.
Cammon says starting his
own business was risky, but has
proven to be rewarding.
“After working for other
people for 30 years, it’s a joy to
have my own company. I like
waking up every day and having
the opportunity to communicate
with people through video, and
possibly do something that will
make their lives better.”
For more on Advanced Video
Solutions, visit www.avsstudios.
com. Details on the nature films
and the award-winning Jimmy
Hoffa documentary Cammon made
for the Federal Bar Association are
also available on the Web site. v
Local meteorologist answers rumors about rough spring weather
Mother Nature has given the people of Chattanooga, the Tennessee Valley and Northwest Georgia plenty to talk
about in 2011, from snow in January, to tornadoes in February, to 80-degree temperatures in March. According to
one local meteorologist, the rumblings about a rough spring might not be unfounded. (Photo provided)
Doppler radar improvements
have increased the warning times
for tornadoes and severe thunderstorm
development,” he says.
Above all, Glenn says to
respect the weather, even if you’re
among the 0.1 percent of people
in Chattanooga who have meteorological
training.
“I’m a humble forecaster with
a huge amount of respect for local
and regional weather patterns. I
always tell folks the weather is
gonna do what it wants to do, and
it’s up to us to figure out when
and where.”
Visit www.newschannel9.com
for immediate weather and radar in
Chattanooga, the Tennessee Valley
and North Georgia. v