Kevin R. Wagner and Peggy A. Wagner, v. Tabor Construction, Inc. and John Tabor, D/B/A Tabor Construction Company
03A01-9805-CV-00159
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler Rosenbalm

The facts of this case are relative (sic) simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list items. Part of the work was compleed on the "punch list" items.

Court of Appeals

Deborah Williams v. Tecumseh Products Company
02S01-9702-CV-00012
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge C. Creed McGinley

The Special Workers’ Compensation Appeals Panel approved the trial court’s award of benefits to Deborah Williams, the plaintiff, who had suffered symptoms of carpal tunnel syndrome related to her employment as an assembly-line worker for Tecumseh Products Company, the defendant. At issue are the causation and permanency of the worker’s injuries and the payment of discretionary costs related to the deposition of an examining physician. For the reasons appearing below, we adopt the panel’s findings of fact and conclusions of law with respect to the issues of causation and permanency. Although we affirm the award of discretionary costs, we vacate the panel’s order invalidating certain local procedures of the Twenty-Fourth Judicial District.

Henry Supreme Court

Melissa Cooper v. Xerox Corporation
02S01-9710-CH-00091
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Floyd Peete,
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court awarded the plaintiff ten percent permanent partial disability to the body as a whole, half of certain medical expenses, and discretionary costs. The defendant appeals and raises the following issues for our review: I. Whether or not the preponderance of the evidence supports the Trial Court's finding that the Plaintiff sustained a 1% permanent partial disability to the body as a whole as a result of this injury. II. Whether or not the preponderance of the evidence supports the Trial Court's award of _ of the medical expenses incurred by Plaintiff as a result of the medical expense of chiropractor Joseph Lipkowitz. III. Whether or not the Trial Court abused its discretion in awarding discretionary costs to Plaintiff in the above matter. We find that the award of ten percent is contrary to the weight of the evidence and that the judgment of the trial court should be reversed and dismissed. Because of this decision, we do not reach the last two issues on appeal.

Shelby Workers Compensation Panel

Kennedy vs. Robson
01A01-9707-CV-00343
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Court of Appeals

Thomas Calvin Maney v. Tennessee Board of Paroles
X2010-0000-XX-X00-XX
Authoring Judge: Judge Thomas W. Brothers
Trial Court Judge: Presiding Judge Ben H. Cantrell

A prisoner at the Lake County Regional Correctional Facility filed a Petition for Writ of Certiorari in the Circuit Court of Davidson County, claiming that the Board of Paroles had acted illegally in revoking his parole, and in refusing to recondiser the revocation. The circuit court granted summary judgment to the Board of Paroles.  We affirm.

Davidson Court of Appeals

Policeman's Benefit Assoc. of Nashvillevs. Nautilus Insurance Co.
M2001-00611-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Plaintiff filed this declaratory judgment action against its liability insurance carrier to determine the carrier's duty to defend plaintiff in a federal lawsuit and its obligation to provide indemnity coverage. The trial court granted defendant summary judgment, and plaintiff appeals. We vacate and remand.

Davidson Court of Appeals

State vs. Royce Lane
02C01-9604-CC-00133
Trial Court Judge: Joe G. Riley. Jr.

Dyer Court of Criminal Appeals

Lescarbeau vs. Lescarbeau
03A01-9706-CV-00215

Greene Court of Appeals

State vs. Michael Love
02C01-9805-CC-00134

Madison Court of Criminal Appeals

Moore vs. Moore
03A01-9708-CH-00382

Court of Appeals

03A01-9712-CH-00535
03A01-9712-CH-00535

Court of Appeals

Caruthers vs. Caruthers
03A01-9712-PB-00539

Cumberland Court of Appeals

Fowler vs. Bowie
03A01-9801-CV-00021

Washington Court of Appeals

Pleasant vs. Repass
03A01-9804-CH-00117

Court of Appeals

Sanjines vs. Sanjines
03A01-9808-CV-00253

Court of Appeals

State v. Larry Morris
01C01-9708-CC-00322

Franklin Court of Criminal Appeals

State vs. Charles Madison Blackman, Jr.
01C01-9708-CC-00335
Trial Court Judge: J. S. Daniel

Rutherford Court of Criminal Appeals

State vs. Thomas Davenport
01C01-9802-CC-00065
Trial Court Judge: Don Ash

Cannon Court of Criminal Appeals

State vs. Thomas Davenport
01C01-9802-CC-00065
Trial Court Judge: Don Ash

Cannon Court of Criminal Appeals

01A01-9711-PB-00656
01A01-9711-PB-00656
Trial Court Judge: Frank G. Clement, Jr.

Davidson Court of Appeals

United Steelworkers of America vs. Air Pollution Control Board
01A01-9605-CH-00235
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Janet Arwood Sartain, et al vs. John Ross Sartain
E1999-00556-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: T. E. Fogerty

Jefferson Court of Appeals

State vs. Woods
03C01-9707-CR-00287
Trial Court Judge: Ray L. Jenkins

Knox Court of Criminal Appeals

State vs. Antonio J. Shelton
01C01-9707-CR-00316
Trial Court Judge: Seth W. Norman

Davidson Court of Criminal Appeals