| Department of Children's Services, vs. D. & G.M.
E1999-01359-COA-R3-CV
The Trial Judge terminated mother's parental rights to her three minor children. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 11/28/00 | |
| Berman Kennedy vs. Darlene Lane-Detman, et al
E2000-01315-COA-R3-CV
The defendant Herbert G. Adcox guaranteed, in part, payment of a $35,000 promissory note executed by Darlene Lane-Detman in favor of the plaintiff Berman D. Kennedy. Adcox's guaranty took the form of a post-dated check in the amount of $30,000. When Detman defaulted on the note and Adcox then stopped payment on the check, the plaintiff sued Adcox on the check. The trial court granted Adcox summary judgment, finding that the record before it established a number of affirmative defenses. We affirm the trial court's decision to grant summary judgment to Adcox, because we find that Kennedy modified the repayment terms of Detman's note without Adcox's consent.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 11/28/00 | |
| HMC Technologies Corp.vs. Siebe, Inc.
E2000-01093-COA-R3-CV
In this declaratory judgment action, the plaintiff, HMC Technologies Corp. a/k/a HMC Technologies, Inc. ("HMC"), sued to enforce an indemnification provision contained in a proposal submitted to, and accepted by, the defendant, Siebe, Inc.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 11/27/00 | |
| State vs. Johnnie Bell, Jr.
E1999-00819-CCA-R9-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 11/27/00 | |
| David Roberts v. Essex Microtel Associates, Ii, L.P. D/B/A
E2000-COA-R3-CV
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 11/27/00 | |
| State vs. Johnnie Bell, Jr.
E1999-00819-CCA-R9-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 11/27/00 | |
| David Roberts vs. Essex Microtel Assoc.,et al
E2000-01356-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 11/27/00 | |
| Stephen Benker V.Williams Telecommunications Service, Inc., et al.
E1999-01967-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 to the Supreme Court of findings of fact and conclusions of law. The employer has appealed from the trial court's ruling the employee is totally disabled raising issues concerning compensability of the claim and the apportionment of the award. Judgment of the trial court is affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed. THAYER, SP. J., in which ANDERSON, C. J. and BYERS, SR. J., joined. Robert W. Knolton, of Oak Ridge, Tennessee, for the Appellants, William Telecommunications Service, Inc. and Insurance Company of the State of Pennsylvania. Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse, Assistant Attorney General, of Nashville, Tennessee, for the Appellee, State Second Injury Fund. J. Anthony Farmer, of Knoxville, Tennessee, for the Appellee, Stephen Benker. OPINION The employer, Williams Telecommunications Service, Inc., and the Insurance Company of the State of Pennsylvania, have appealed from the trial court's ruling finding the employee, Stephen Benker, to be totally disabled. Facts Employee Benker was 51 years of age and was a high school graduate with some vocational training. His prior work history was a laborer, maintenance worker, construction worker and carpenter. He was employed as a telephone computer service system installer on September 23, 1997, when he tripped on some phone cords and fell. When this occurred, he testified he twisted his back, felt sharp pain down his leg and some numbness in his low back. Prior to this accident, he had disc surgery in 1975 or 1976 and returned to work. In 199 he had another disc operation and returned to work. He had complaints from back problems for several years prior to the incident in question and had missed work at different times between 199 and the accident in 1997. He has not worked since the September 23rd incident and states he is not able to work at any of the jobs he has held. His wife, Lisa Benker, testified as to his physical limitations and testified that she does everything both inside and outside their home and that "our entire life has changed, everything is different." Dr. John T. Purvis, a neurosurgeon, performed the second surgery in 199 which involved a ruptured disc. He saw the employee again after the incident in question and stated that he had severe osteoarthritis in his low back and with his prior historyof having disc surgery twice, he would be very sensitive to any type of injury to the back. He concluded that Benker sustained an aggravation and acceleration of his lumbar spondylosis to such an extent that he was unable to work; that there was some anatomical change and he was surprised that he had worked as long as he did. He gave impairments of 1 percent due to the 1976 surgery, 15 percent due to the 199 surgery and 1 percent due to the September 1997 accident. Opposing this medical testimony was the written medical report of Dr. Archer Bishop. He performed an independent medical examination on November 1, 1998 and was of the opinion the accident had only increased his pain and that there was no additional impairment. Witness, Julian Nadolsky, a vocational consultant, testified the employee had "no capacity to earn a living in any occupation" based on the opinion of Dr. Purvis. He admitted that there would be no vocational disability under Dr. Bishop's conclusion. The trial court found the accident of September 23, 1997 rendered the employee totally disabled and apportioned the award of permanent total disability pursuant to subsection (a)(1) of Tenn. Code Ann. _ 5-6-28. The court ordered the employer to pay 6 percent of the award and the state second injury fund to pay the remaining 4 percent. Issues on Appeal The employer and insurance company contend: (1) the accident in question did not cause any anatomical change in the employee's pre-existing condition, (2) the employee was not totally disabled as a result of the last accident and (3) the court was in error in apportioning a greater portion -2-
Authoring Judge: Thayer, Sp. J.
Originating Judge:Ben W. Hooper II, Circuit Judge |
Knox County | Workers Compensation Panel | 11/27/00 | |
| Terry Lynn vs. City of Jackson
W1999-01695-COA-R3-CV
Plaintiffs, personal representative of decedent, an adult child of decedent, and a minor child of decedent, filed a wrongful death suit more than one year after decedent's date of death against the City of Jackson pursuant to the Tennessee Governmental Tort Liability Act (TGTLA). Plaintiffs had filed suit within one year of the date of death in federal court, and after federal court dismissed the case, they filed the instant case two days later in circuit court. The circuit court dismissed plaintiffs' case because it was not filed within one year of the accrual of the cause of action as mandated by TGTLA. Plaintiffs have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Roy Morgan |
Madison County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Estate of Annie Hamilton et al. v. Walter Morris,et al.
W1998-00191-COA-R3-CV
Proponents of 1992 will of testatrix offered the will for probate, and three beneficiaries of testatrix's 1987 will filed a complaint contesting the 1992 will. Proponents of the 1992 will filed a response to the complaint contesting the 1992 will which, inter alia, denies that the 1987 will is the last will and testament of the testatrix. The chancellor granted summary judgment against the proponents of the 1992 will, holding that the will was void by virtue of proponents' undue influence on testatrix. The chancellor also granted summary judgment for residuary beneficiary of the 1987 will and admitted the 1987 will to probate as the last will and testament of the testatrix. Appellants, the proponents of the 1992 will and contestants of the 1987 will, have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Harry Tusant vs. City of Memphis
W2000-01431-COA-R3-CV
Petitioners, Memphis police officers, filed a petition in chancery court for writ of mandamus to require the city to promote them to certain civil service ranks after they successfully completed the promotional process and are otherwise eligible and qualified for promotion. The trial court denied the petition, and petitioners have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/27/00 | |
| Mary Slack vs. Bryan Antwine
W2000-00961-COA-R3-CV
Plaintiffs sued to quiet title to property and to establish boundary line. The trial court found that the deed description of plaintiffs' property established their title to the disputed property. Defendant has appealed. We affirm the judgment of the trial court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 11/27/00 | |
| Jason Kim vs. Nancy Boucher
W2000-00427-COA-R3-CV
A minor pedestrian and his father sued automobile driver for personal injury damages sustained by minor when struck by driver's vehicle. The trial court directed a verdict for the automobile driver at the close of plaintiff's proof. Plaintiff has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| White vs. Revco Discount Drug Centers, Inc.
E1999-02023-SC-R11-CV
We granted permission to appeal in this case to address whether a private employer may be held liable for the negligent actions of an off-duty police officer who was hired by the employer for private security purposes. In the circuit court, the defendant employer moved to dismiss the plaintiffs' wrongful death action for failure to state a claim, and the motion was granted by the trial judge. The Court of Appeals affirmed the dismissal, holding that the actions of the off-duty officer were taken in furtherance of his official duties as a peace officer, and therefore, the defendant employer could not be held liable for the officer's negligent actions. After reviewing the complaint in this case, along with the applicable legal authority, we hold that the complaint does state a claim against the defendant employer for the negligence of the off-duty officer. The judgment of the Court of Appeals is reversed, and the case is remanded to the Knox County Circuit Court for further proceedings consistent with this opinion.
Authoring Judge: Justice William M. Barker
Originating Judge:Dale C. Workman |
Knox County | Supreme Court | 11/22/00 | |
| State vs. Garrison
E1997-00045-SC-R11-CD
The defendant, John C. Garrison, was convicted by a jury of solicitation to commit first degree murder. In this appeal, he raises two issues: (1) whether trial counsel's failure to communicate a plea bargain offer from the State is per se prejudicial to the extent necessary to satisfy the prejudice prong of Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); and (2) whether the trial court committed reversible error when it failed to instruct the jury that the "request," as used in the statutory definition of the offense of solicitation, must be intentional. After a thorough consideration of the record and a full review of the authorities, we conclude that trial counsel's failure to communicate a plea bargain offer does not demonstrate, alone, prejudice sufficient to satisfy the second prong of Strickland. We conclude also that the trial court's omission of certain required language from the jury instruction constitutes harmless error. The judgment of the Court of Criminal Appeals is, therefore, reversed and the case is dismissed.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Thomas W. Graham |
Bledsoe County | Supreme Court | 11/22/00 | |
| State of Tennessee v. Harold L. Green
E2000-00616-CCA-R10-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 11/22/00 | |
| State s. Ricky Eugene Cofer
E2000-00532-CCA-R3-CD
Defendant was indicted for aggravated robbery, and a Roane County jury found him guilty of the lesser offense of simple robbery, a Class C felony. The trial court sentenced him to six years as a Range II, multiple offender, to be served consecutively to a prior Anderson County sentence. In this appeal, defendant makes the following allegations: (1) the evidence was insufficient to support his conviction; (2) the jury foreman impermissibly interjected extraneous information into the jury deliberations; and (3) consecutive sentences were not warranted. Upon our review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Jeffrey Dwight Whaley
E2000-00646-CCA-R3-CD
The trial court dismissed defendant's DUI presentment, finding a denial of the right to a preliminary hearing. Upon the state's appeal, we find no evidence of bad faith by the state. Accordingly, we reverse and remand to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 11/22/00 | |
| State vs. DeWayne Greene
E1999-01288-CCA-R3-CD
Defendant, Dewayne Greene, was convicted by a guilty plea of simple assault, resisting arrest, evading arrest, and reckless endangerment in Hamblen County Circuit Court. The trial court sentenced Defendant to eleven months and twenty-nine days, with three-hundred days to be served in confinement. Defendant was also indicted by the Jefferson County Grand Jury for two counts of aggravated assault arising from incidents involving the same victim as those which generated the Hamblen County indictments. Defendant pled guilty in the Jefferson County Circuit Court with the condition that the trial court "reserve an entry of conviction" until the court heard Defendant's motion to dismiss on grounds of double jeopardy. After the trial court heard and denied Defendant's motion, it sentenced Defendant as a Range I offender to concurrent terms of six years for each count of aggravated assault. In this appeal, Defendant argues that (1) double jeopardy bars the Jefferson County convictions because Defendant's previous Hamblen County convictions were based upon the same conduct, and (2) Defendant's sentence for the aggravated assault convictions is excessive. After a thorough review of the record, we find that only Defendant's sentencing issue is properly before this Court. Defendant failed to properly reserve the double jeopardy issue as a certified question of law for appellate review. We affirm the sentence of six years for count 1 and reduce the sentence for count 2 to five years; the total effective sentence remains at six years.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:O. Duane Slone |
Jefferson County | Court of Criminal Appeals | 11/22/00 | |
| Darrick Edwards vs. State
E1999-01204-CCA-R3-PC
The petitioner, Darrick Edwards, appeals the trial court's denial of his petition for post-conviction relief. Because the petitioner was provided the effective assistance of counsel and knowingly and voluntarily entered his pleas of guilt to first degree murder, conspiracy to commit first degree murder, aggravated robbery, and conspiracy to commit aggravated robbery, the judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Danny Harold Ogle
E2000-00421-CCA-R3-CD
Defendant entered a best interest plea of guilty to vehicular homicide by recklessness. The plea attempted to reserve a certified question of law relating to the destruction of evidence; namely, the victim's vehicle. Specifically, defendant contends the destruction of the vehicle while it was under state control deprived him of due process, and the trial court should have dismissed the indictment. Upon our review of the record, we conclude that we have no jurisdiction to address the certified question. The appeal is dismissed.
Authoring Judge: Judge Joe G. Riley
|
Sevier County | Court of Criminal Appeals | 11/22/00 |
