| Timothy Sipe v. Aquatech, Inc. and Travelers Insurance Cos.
M1999-02030-WC-R3-CV
The Appellant appeals from the amount of the award of permanent partial disability benefits. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the award made by the trial court.
Authoring Judge: Lee Russell, Sp. J.
Originating Judge:Vernon Neal, Chancellor |
Putnam County | Workers Compensation Panel | 04/16/01 | |
| Boyd Adams v. Galaxy Logistics,
M2000-01552-WC-R3-CV
In this appeal, the employer insists (1) the trial court erred in finding that the worker's injury to his left leg was caused by a work-related injury to the right leg, (2) that the award of permanent partial disability benefits based on 8 percent to both legs is excessive, and (3) the trial court erred in commuting the award to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:James E. Walton, Judge |
Robertson County | Workers Compensation Panel | 04/16/01 | |
| Shirley Alexander v. Bridgestone/Firestone, Inc.
M2000-00632-WC-R3-CV
The plaintiff filed two suits against the plaintiff. One of the suits was for an alleged injury to or aggravation of a pre-existing injury to her right leg. The case was assigned the trial court number of 98-WC-1614. The other suit, filed on the same day was for an alleged injury to the plaintiff's left knee or leg and was assigned number 98-WC-1615. The cases were consolidated for trial and are consolidated for the appeal. The trial judge found the plaintiff did not show any injury to her right knee or leg or any compensable aggravation thereof. The trial judge found the plaintiff had sustained a compensable injury to her left knee and awarded her seventy percent permanent partial disability for the injury. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Robert E. Corlew, III, Chancellor |
Rutherford County | Workers Compensation Panel | 04/16/01 | |
| Loews Vanderbilt Plaza Hotel v. Stephanie Keaton Simon
M1999-02576-WC-R3-CV
The defendant employee, Stephanie Keaton Simon, raises two issues, arguing that the trial judge erred in (1) failing, in the face of reasonable doubt regarding causation, to grant all inferences to Simon, and (2) finding that Simon's injury did not arise in the course of her employment. The Panel concludes that the evidence does not preponderate against the finding that Simon's injury arose outside the course of her employment. Furthermore, we do not find error in the trial court's asserted failure to resolve all reasonable doubt in Simon's favor regarding causation. Therefore, we affirm the judgment of the Chancery Court for Davidson County.
Authoring Judge: Carol Catalano, Sp. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Davidson County | Workers Compensation Panel | 04/16/01 | |
| Joe W. Dillard v. Textron Aerostructures, A Division of Avco
M2000-01558-WC-R3-CV
The trial court found the plaintiff sustained a 75 percent permanent partial vocational disability to the body as a whole. The defendant says the record does not support the finding that the plaintiff experienced a permanent anatomical change or a permanent aggravation of his pre-existing condition as a result of an incident on October 18, 1995, and January 2, 1996. The defendant also says the award, if any, should be limited to two and one-half times the medical impairment rating. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Davidson County | Workers Compensation Panel | 04/16/01 | |
| James R. Davidson v. Montgomery County
M1999-02066-WC-R3-CV
The Appellant appeals from the dismissal of his claim and seeks an award for permanent partial disability benefits, temporary total disability benefits, and specified medical expenses. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the dismissal of the claim by the trial court.
Authoring Judge: Lee Russell, Sp. J.
Originating Judge:Robert Wedemeyer, Circuit Court Judge |
Davidson County | Workers Compensation Panel | 04/16/01 | |
| Douglas Williams v. Walden Security
M2000-01273-WC-R3-CV
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 of findings of fact and conclusions of law. In this appeal, the employer, Walden Security, insists (1) the injured employee was not a covered employee at the time of his accidental injury, (2) the award of permanent partial disability benefits is excessive, (3) the trial court erred in assessing statutory penalties, and (4) the trial court erred in commuting the award of permanent disability benefits to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Loser, Sp. J.
Originating Judge:Irving H. Kilcrease, Chancellor |
Davidson County | Workers Compensation Panel | 04/12/01 | |
| John Bates v. State of Tennessee
E2000-02354-CCA-R3-PC
The petitioner appeals pro se the summary denial of his third petition for post-conviction relief arising out of his 1982 conviction for first degree murder. He asserts that his trial counsel and previous post-conviction counsel rendered ineffective assistance of counsel in that they did not raise the issue of the trial court's failure to instruct the jury as to the defense of alibi. We conclude this petition is barred by the applicable statute of limitations. Therefore, we affirm the post-conviction court's summary dismissal of this petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 04/12/01 | |
| Martin E. Walker v. Howard Carlton,
E2001-00171-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Johnson County | Court of Appeals | 04/12/01 | |
| Charles Montague vs. Michael Kellum
E2000-02732-COA-R3-CV
In this legal malpractice action, the Trial Court granted summary judgment to the Defendant, Michael D. Kellum ("Defendant"). Defendant submitted a Rule 56.03 statement and the affidavit of an expert witness in support of his motion. Charles Montague ("Plaintiff"), did not file either a Rule 56.03 response or a contravening affidavit. Prior to deciding Defendant's motion, the Trial Court stayed Plaintiff's discovery until it decided Defendant's motion. Plaintiff, who is incarcerated, had previously served discovery requests upon Defendant which had not been answered. Plaintiff appeals. We vacate the judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 04/12/01 | |
| State of Tennessee v. Joseph M. Stone
M2000-01321-CCA-R3-CD
The defendant, Joseph M. Stone, was indicted on six counts of burglary, three Class D felony thefts, two Class E felony thefts, and two misdemeanor thefts. After the defendant entered pleas of guilt to six counts of burglary and one Class E felony theft, the trial court imposed Range III sentences of 10 years on each burglary and five years on the theft. Because two of the sentences for burglary were ordered to be served consecutively, the effective sentence is 20 years. In this appeal of right, the defendant argues that the trial court had no authority to impose consecutive sentencing. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/12/01 | |
| State of Tennessee v. Christopher Steven Nunley
M2000-00903-CCA-R3-CD
The defendant, Christopher Steven Nunley, was convicted of contributing to the delinquency of a minor, a Class A misdemeanor. The trial court imposed a Range I sentence of 11 months and 29 days at 75%. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 04/12/01 | |
| Nicole Lei Rowe vs. Fred C. Rowe
M2000-01446-COA-R3-CV
In this divorce case, Wife appeals the final decree as to the trial court's determination that there was a $21,000.00 debt due Husband's parents and accordingly charged Wife with one-half of the debt in the division of marital property. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 04/12/01 | |
| Michael Holmes vs. Jennifer L. Wilson, et al
M1999-01087-COA-R3-CV
This is an appeal from an order granting summary judgment to Jennifer Wilson and Car City, Inc. The case arises from an automobile collision between a vehicle driven by Mr. Holmes and a vehicle driven by Ms. Wilson while in the course and scope of her employment with Car City. The vehicle Ms. Wilson was driving had been purchased by Car City from Cumberland City Dodge on the day of the accident. The accident was caused by a mechanical failure, causing Ms. Wilson to lose control. The trial court found that the defendants had made a reasonable inspection of the vehicle prior to the accident and granted summary judgment. Mr. Holmes appeals the standard of care applied by the trial court and the sufficiency of the evidence that a reasonable inspection was performed. Because the defendants owed only the duty to make a reasonable inspection of the vehicle, and the undisputed evidence establishes that a reasonable inspection was made, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:John D. Wootten, Jr. |
Wilson County | Court of Appeals | 04/12/01 | |
| State of Tennessee v. Ammon B. Anderson
M2000-01183-CCA-R3-CD
The defendant was indicted for aggravated sexual battery for engaging in sexual contact with a ten-year-old girl with Down's Syndrome. He filed a motion to dismiss the indictment, based on the loss of the tape recording of his interview with a Department of Children's Services caseworker and a police officer, and a motion to suppress his one paragraph statement of admission, consisting of the officer's summary of the interview. Following the trial court's denial of the motions, the defendant entered a plea of nolo contendere to attempt to commit aggravated sexual battery, reserving as a certified question of law, pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure, whether the trial court erred in denying his motion to dismiss based on the loss of the tape recording of the interview. Arguing that the statement of admission is subject to misinterpretation when taken out of the context of the entire interview, the defendant contends that his right to a fair trial was compromised by the loss or destruction of the tape recording. After a thorough review of the record and of applicable law, we conclude that the loss of the tape recording did not unfairly prejudice the defendant's case. Accordingly, we affirm the defendant's conviction of attempt to commit aggravated sexual battery.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Allen W. Wallace |
Cheatham County | Court of Criminal Appeals | 04/12/01 | |
| M1997-00241-COA-R3-CV
M1997-00241-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/12/01 | |
| Heirs of Neil Ellis vs. Estate of Virgie Mae Ellis
M1999-00897-COA-R3-CV
This is a will case. The wife, as the husband's conservator, sold the couple's real and personal property and deposited the proceeds into a joint checking account and into investments in the wife's name only. The husband died, and the wife died less than one hundred twenty hours later. Both of their wills devised all of their property to each other. The wife's will was admitted to probate. The husband's heirs moved the trial court to apply provisions of Tennessee's Uniform Simultaneous Death Act to equally divide the proceeds of the couple's jointly held property between the husband and wife's separate estates. The trial court denied the motion, holding that the Act did not apply and that sole ownership of the proceeds from couple's real property, which was held as tenants by the entirety, vested in the wife upon the husband's death. The husband's heirs appealed. We affirm, finding that sole ownership of the proceeds from the couple's jointly held real and personal property vested in the wife upon the husband's death. We also find that the husband and wife's devises of any individually owned personal property would both lapse and the property, or its proceeds, would remain in each spouse's separate estate. We remand the case to the trial court to determine whether any of the personal property was owned individually, whether any such property was sold, and if so, the value of the property.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:David Loughry |
Rutherford County | Court of Appeals | 04/11/01 | |
| P.E.K. vs. J.M. & C.Y.M.
M2000-02737-COA-R10-CV
This case involves an interstate battle between never-married parties over the custody of a six year old child. This court granted an interlocutory appeal so that we could determine whether the Wayne County Chancery Court has jurisdiction over the paternity and custody of this child and whether the temporary emergency custody order is valid. We hold that the Wayne County court has subject matter jurisdiction over paternity and custody matters, but that the temporary emergency custody order was invalid because the child was not present in this state and the facts alleged were insufficient to obtain such an order. We remand for a hearing on paternity and custody.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 04/11/01 | |
| In re All Assessments, Review of ad valorum Assessments of Public Utility Companies 1998
M2000-03014-COA-RM-CV
On remand from the Supreme Court, this Court was instructed to consider the factual issue of whether the action of the Board of Equalization reducing the appraised value of public utility tangible personal property for tax year 1998 caused the ratio of such property's appraised value to its market value to be equal to the ratio for tangible personal property within each local jurisdiction that is appraised and assessed by local taxing authorities. We find that there is substantial and material evidence to support the Board's action in reducing the appraised value for the tax year 1998 and that it resulted in an equal ratio for locally assessed personal property.
Authoring Judge: Judge W. Frank Crawford
|
Williamson County | Court of Appeals | 04/11/01 | |
| State, ex rel Candace West vs. Glen Floyd, Jr.
M1999-00334-COA-R3-CV
In this case, the appellant, having signed a Marital Dissolution Agreement later incorporated into a divorce decree, seeks by Rule 60 motion to have a portion of the decree dealing with the paternity of a child conceived while the parties were married, and born after the parties were divorced, voided as against public policy. Blood tests have conclusively excluded the man who the appellant had an extramarital affair with, as the father of the child. The trial court dismissed the appellant's petition pursuant to Tenn. R. Civ. P. Rule 41 motion. On appeal, we reverse the Chancellor, remand this case for further proceedings in conformity with this opinion, and order the appellee to undergo blood tests to determine the parentage of the child.
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Lewis County | Court of Appeals | 04/11/01 | |
| James E. Swiggett vs. Carl R. Ogle, Jr., and J. Michael Kerr
E2000-01473-COA-R3-CV
In this action for legal malpractice, the Trial Court ruled a prior suit filed by plaintiff and dismissed on the merits was res judicata to this action. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Johnson County | Court of Appeals | 04/11/01 | |
| Terry Yates vs. City of Chattanooga, et al
E2000-02064-COA-R3-CV
Chattanooga Police Officer Terry Yates filed a petition for certiorari in the trial court, claiming that he was denied due process in connection with an adverse employment decision. Yates, who was demoted from the rank of sergeant in 1994, sought reinstatement to his former rank. An administrator initially reinstated him, but subsequently rescinded the reinstatement. Yates claimed that the rescission was a "demotion," and, consequently, demanded a hearing before the defendant City Council for the City of Chattanooga ("the City Council"). Following a hearing, the City Council found that the administrator did not have the authority to reinstate Yates to his former rank. This being the case, the City Council found that there had been no "demotion" by virtue of the subsequent rescinding of the reinstatement. The trial court agreed with the City Council and dismissed Yates' petition. He appeals. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 04/11/01 | |
| James R. Britt v. State of Tennessee
E2000-02259-CCA-R3-CD
The petitioner, James R. Britt, seeks correction of an alleged illegal sentence. He claims that he is serving an illegal and void sentence because he was sentenced as a Range III offender, even though he qualified for no more than Range I classification. Because we agree with the lower court that the petitioner's sentence is not illegal or void, we affirm the lower court's order dismissing the petition.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Buddy D. Perry |
Bledsoe County | Court of Criminal Appeals | 04/10/01 | |
| State of Tennessee v. Llewelyn D. Larmond
E2000-01910-CCA-R3-CD
Pursuant to a negotiated plea agreement, the defendant pled guilty to two counts of selling 0.5 grams or more of cocaine, possession of marijuana, and the sale of counterfeit cocaine. He received an effective sentence of sixteen years. The manner of service of his sentences was left to the discretion of the trial court. Defendant now contends the trial court erred in denying his request for alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 04/10/01 | |
| Dept. of Children's Scvs. vs. M.A.D.
E2000-02501-COA-R3-JV
The State of Tennessee, Department of Children's Services ("Department") obtained temporary custody of the three minor children of M.A.D. ("Mother") after she was arrested and the children's father was already in jail. A Permanency Plan ("Plan") was developed which required Mother to take several affirmative steps in order to regain custody and provide an appropriate home for her children. When Mother failed to comply with the Plan, the Juvenile Court terminated her parental rights after concluding there was clear and convincing evidence that there had been substantial noncompliance by Mother with the Plan. The Juvenile Court also found clear and convincing evidence that the conditions which led to the children's removal still persisted and prevented the children's safe return to Mother, that there was little likelihood that these conditions would be remedied at an early date so that the children could be returned safely to Mother, and that continuing the parent/child relationship would greatly diminish the children's chances of early integration into a safe, stable and permanent home. The Juvenile Court also concluded there was clear and convincing evidence that termination of Mother's parental rights was in the best interests of the three children. Mother appeals the termination of her parental rights. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Wright |
Greene County | Court of Appeals | 04/10/01 |
