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| 01C01-9512-CC-00431
01C01-9512-CC-00431
|
Court of Criminal Appeals | 02/25/00 | ||
| Albert J. Shell v. Abb Combustion Engineering, Inc.
03S01-9902-CH-00018
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 employee, Albert J. Shell, has appealed from the action of the trial court in dismissing his claim for benefits. The court concluded his condition and/or injury was not work-related. On appeal two questions are presented for review. First, it is contended the evidence preponderates against the trial court's finding on the causation issue and second, it is insisted the court was in error at the close of all proof to require counsel to submit a hypothetical question to one of the expert medical witnesses. We have carefully reviewed the record with these issues in mind and are of the opinion the judgment of dismissal should be affirmed. Plaintiff was 54 years of age and is a high school graduate. He has been employed by defendant, ABB Combustion Engineering, Inc ., for a long period of time. In 199 he was involved in a work-related accident which was diagnosed as a disc injury causing back and leg pain. He did not undergo surgery and conservative treatment seemed to heal the injury as he returned to work after a short period of time. He continued to work without any significant problems until March 1995. On March 21, 1995, he testified he was using a hammer to attempt to disconnect metal that had been previously welded when the blow of the hammer caused a piece of the metal to break free and strike the top of his foot; that he immediately had pain in his foot and felt he had bruised it; several days later he began having pain in his leg calf and foot and some numbness; he saw his wife's family doctor whose medical records were filed in evidence and indicated the examination revealed "Left foot numbness and weakness since Thurs. No cause. . . . . . ." On March 29, 1995 he saw Dr. George Z. Seiters, an orthopedic surgeon, who testified by deposition and stated his examination revealed a foot drop condition; that the patient had indicated he had awakened with the symptoms and that he could not recall any precipitating event other than the hammer incident. Dr. Seiters referred the patient to a neurosurgeon for further evaluation. Dr. Seiters testified he was of the opinion there was no casual connection between the hammer incident and the foot drop condition and later diagnosed disc condition. He felt the disc condition which the neurosurgeon found was probably related to the 199 work-related accident. He also stated plaintiff never described any twisting movement during the hammer incident nor did he ever complain of having back pain. The neurosurgeon, Dr. Thomas D. Fulbright, first saw plaintiff on May 1, 1995 and he performed disc surgery on May 1th. He testified by deposition and was also of the opinion the hammer incident did not cause the foot drop condition or the disc condition. He said a bulging disc caused compression of the nerve root which caused the foot drop. In describing the hammer incident at work on March 21st to the company nurse, an insurance adjuster, his wife's family doctor, Dr. Seiters and Dr. Fulbright, 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Howell N. Peoples, |
Knox County | Workers Compensation Panel | 02/24/00 | |
| Charles Pendleton v. Knoxville Community Development Corporation
03S01-9812-CH-00147
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, Knoxville Community Development Corporation 3S1-9812-CH-147 1 Pendleton v KCDC (hereafter "KCDC") appeals an award of 2 percent disability to the body. We affirm.
Authoring Judge: Special Judge Howell N. Peoples
Originating Judge:Hon. John F. Weaver, |
Knox County | Workers Compensation Panel | 02/24/00 | |
| Paul Mayes vs. State
E1999-01374-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 02/24/00 | |
| Steve Myers vs. Danny Wilson & Elmo Mayes
E1998-00732-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
|
Claiborne County | Court of Appeals | 02/24/00 | |
| Ashlee Sellars vs. State
E1999-00356-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 02/24/00 | |
| Buford Knight vs. Greene County, TN & Alan D. Broyles
E1999-02445-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
|
Greene County | Court of Appeals | 02/24/00 | |
| 03C01-9809-CR-00344
03C01-9809-CR-00344
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 02/24/00 | |
| Bennie Faulkner vs. Homer Skelton
W1999-00621-COA-R3-CV
This is a personal injury and wrongful death case involving an automobile accident. The plaintiffs, husband and wife, suffered injuries, and the wife's mother, a passenger in the car, died as a result of the accident. The driver of the other car was a sixteen-year old boy. The plaintiffs sued the boy's grandfather, and various corporate entities that he owned, alleging that they were the true owners of the car and had let the boy drive it for family and business purposes, and also alleging negligent entrustment. The trial court granted summary judgment to the defendants. We affirm, finding the evidence insufficient to support claims under any of these theories.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 02/24/00 | |
| Lee Greer vs. Maureen Zolfagharbik
W1999-01013-COA-R3-CV
This is a will contest case. The defendant/appellant challenges the validity of a mutual release she signed in which she waived any right she had to challenge the revocation of the decedent's will or to establish any rights under the decedent's will, in exchange for a release of any claims the estate may have had against her. The trial court found that the mutual release signed by the defendant/appellant effectively waived any claim she may have had to establish the validity of the decedent's will. We affirm, finding that the mutual release was an effective waiver of any rights the defendant/appellant had under the will or to challenge revocation of the will.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Henry County | Court of Appeals | 02/23/00 | |
| State vs. Christopher Garza
E1999-00388-CCA-R3-CD
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 02/23/00 | |
| State vs. Ralph Dewayne Moore
E1999-00804-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 02/23/00 | |
| State vs. Robert Guy Oliver
E1999-00548-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Lynn W. Brown |
Carter County | Court of Criminal Appeals | 02/23/00 | |
| McCoy vs. T.T.C. Illinois Inc.
E1999-01378-SC-WCM-CV
Authoring Judge: Justice Frank F. Drowota, III
|
Supreme Court | 02/22/00 | ||
| 03C01-9808-CR-00295
03C01-9808-CR-00295
|
Knox County | Court of Criminal Appeals | 02/22/00 | |
| Donald James Alexander vs. Carolyn Paxton Alexander
E1998-00855-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
|
Hamilton County | Court of Appeals | 02/22/00 | |
| Robert Breeden vs. State
E1999-00363-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 02/22/00 | |
| Thomas Allen Clark vs. State
E1999-00362-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 02/22/00 | |
| Smith vs. U.S. Pipe & Foundry Co.
E1998-00306-SC-R3-CV
Authoring Judge: Justice Frank F. Drowota, III
|
Supreme Court | 02/22/00 | ||
| Gleaves vs. Checker Cab Transit
M1997-00183-SC-R11-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
|
Davidson County | Supreme Court | 02/22/00 | |
| In Re: Nikolas Dean Welch
M1999-02649-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 02/18/00 | |
| Estate of Connie S. Bligh
M1999-02645-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 02/18/00 | |
| Stephens vs. Roane State Comm. College
M1998-00125-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Patricia J. Cottrell |
Davidson County | Court of Appeals | 02/18/00 | |
| Ross vs. Vanderbilt Univ. Medical Ctr.
M1999-02644-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 02/18/00 | |
| Ali vs. Professional Real Estate Developers, Inc.
M1999-00082-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/18/00 |