Foulke vs. City of Greeneville
03A01-9712-CV-00523

Miller vs. Hembree
03A01-9712-CV-00537

State vs. Stanley Harville a/k/a Stanley Salahuddin
01C01-9703-CC-00104

State vs. Garrett Raines
01C01-9704-CC-00127

Hon. Frank v. Williams,
03S01-9706-CH-00074
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Frederick D. Mcdonald,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In March 1995, the plaintiff in this case brought suit against Superior Steel, Inc. and Liberty Mutual Insurance Company ("the defendants") and the Second Injury Fund1 claiming that he was entitled to recover workers' compensation benefits for two work related injuries: a knee injury and an occupational disease. First, the trial judge found that the plaintiff had sustained a ten percent permanent partial disability to his right leg. Second, the trial judge found that the plaintiff was 1 percent permanently and totally disabled as a result of a chronic obstructive pulmonary disorder which he classified as an occupational disease because the plaintiff's condition was exacerbated by breathing diesel fumes during his employment with the defendant. The trial judge merged the two injuries and thereby awarded the plaintiff 1 percent disability benefits. The defendants appeal the trial court's findings regarding the plaintiff's occupational disease, contending that the trial judge erred (1) in ruling that the statute of limitations had not expired, (2) in ruling that notice had been properly given, and (3) in finding that the plaintiff's condition was an occupational disease which arose out of and in the course of his employment with the defendant. The defendants do not appeal the trial court's findings of disability to the plaintiff's leg, but a brief reference to the knee injury is necessary for a proper discussion of the facts. We affirm the judgment of the trial court. BACKGROUND The plaintiff, 48 years of age, worked as an oiler and crane operator for most of his working life -- approximately 28 years. For almost 32 years of his life, the plaintiff smoked two packs of cigarettes per day. The plaintiff quit smoking in June 1992. 1 The trial judge dismissed the Second Injury Fund from this case and we find the dismissal was proper. By reason of Tenn. Code. Ann. __ 5-6-28(a) and (b), the Second Injury Fund is not liable to the plaintiff. 2

Northcott vs. Dept. of Correction
01A01-9707-CH-00355
Trial Court Judge: Ellen Hobbs Lyle

Vaughn, et. ux. vs. King, et. ux.
01A01-9707-CV-00330
Trial Court Judge: Robert E. Corlew, III

Vaughn vs. Vaughn
01A01-9707-CV-00347
Trial Court Judge: Muriel Robinson

Jimmy H. Vaughn, v. Mary Runyon Vaughn
01A01-9707-CV-00347
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Muriel Robinson

The trial court found that there had been a change of circumstances and increased Jimmy Hunter Vaughn’s [husband’s] alimony obligation to Mary Runyon Vaughn [wife] from $400.00 per month to $600.00 per month. The court also found that husband should pay $350.00 as reasonable attorney fees to wife’s attorney

Huang vs. Gates vs. Huang
01A01-9709-CV-00462
Trial Court Judge: Marietta M. Shipley

McGill vs. Hendrix
01A01-9709-PB-00536

Hampton vs. TN. Truck Sales, Inc.
01A01-9711-CH-00640
Trial Court Judge: Carol L. Mccoy

Bickford vs. Bickford
01A01-9711-CH-00645

Allman vs. Allman
M1997-00251-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas Goodall
This appeal involves a dispute over the interpretation of a provision in the marital dissolution agreement giving the wife an automobile but requiring the husband to continue making the car payments. After the automobile was totally destroyed in a one-vehicle accident, the wife's insurance company paid the balance remaining on the car loan. After the husband refused to pay the wife an amount equal to the balance of the car loan, the wife filed a petition in the Circuit Court for Sumner County seeking to hold him in contempt. Following a bench trial, the trial judge ordered the husband to pay the wife $7,644.22 representing the balance of the loan when the automobile was destroyed, as well as $1,355 for her legal expenses. We have determined that the marital dissolution agreement allocated the risk of loss of the automobile to the wife and, therefore, reverse the $7,644.22 judgment. We have also determined that the $1,355 judgment must be vacated and that the case should be remanded for further proceedings.

State vs. Anderson
03C01-9703-CC-00093
Trial Court Judge: D. Kelly Thomas, Jr.

03C01-9706-CC-00215
03C01-9706-CC-00215
Trial Court Judge: Ray L. Jenkins

03C01-9706-CC-00215
03C01-9706-CC-00215
Trial Court Judge: Ray L. Jenkins

Mayes vs. State
03C01-9707-CR-00281
Trial Court Judge: E. Eugene Eblen

State vs. Fowler
03C01-9709-CC-00391
Trial Court Judge: J. Curwood Witt

State vs. Jon Hall
02C01-9703-CC-00095
Trial Court Judge: Whit A. Lafon

State vs. Frederick Edwards
02C01-9704-CC-00157

State vs. James McClenton
02C01-9710-CR-00385

State vs. Harry McLemore
02C01-9711-CC-00436

Hoffman vs. Hoffman
03A01-9706-CV-00220

State vs. James Crawford
02C01-9712-CR-00471