APPELLATE COURT OPINIONS

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State vs. Jimmy Ray Cureton

03C01-9808-CR-00313

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 01/13/00
State vs. Robert L. Mallard

01C01-9903-CC-00110

Originating Judge:J. Steve Daniel
Rutherford County Court of Criminal Appeals 01/13/00
01C01-9812-CC-00477

01C01-9812-CC-00477

Originating Judge:Stella L. Hargrove
Giles County Court of Criminal Appeals 01/13/00
01C01-9811-CC-00458

01C01-9811-CC-00458

Originating Judge:Thomas T. Woodall
Court of Criminal Appeals 01/13/00
01C01-9810-CR-00410

01C01-9810-CR-00410
Overton County Court of Criminal Appeals 01/13/00
01C01-9810-CR-00392

01C01-9810-CR-00392

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 01/13/00
01C01-9806-CC-00239

01C01-9806-CC-00239

Originating Judge:William Charles Lee
Bedford County Court of Criminal Appeals 01/13/00
01C01-9808-CR-00342

01C01-9808-CR-00342

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 01/13/00
Joseph Stephenson vs. Keith West

W1998-00668-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 01/13/00
LCI International vs. Margo Swartwood

W1999-02312-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dick Jerman, Jr.
Gibson County Court of Appeals 01/13/00
M1999-00079-CCA-R3-CD

M1999-00079-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Davidson County Court of Criminal Appeals 01/13/00
State vs. Barry Kirk

W1999-01838-CCA-R3-CD

Originating Judge:David G. Hayes
Fayette County Court of Criminal Appeals 01/12/00
State vs. Darrell Hayes

W1999-01850-CCA-R3-CO
Lake County Court of Criminal Appeals 01/12/00
State vs. David Brown

W1999-01841-CCA-R3-CO
Lauderdale County Court of Criminal Appeals 01/12/00
State vs. Runako Blair

W1999-01847-CCA-R3-PC
Shelby County Court of Criminal Appeals 01/12/00
Archie v. Montague,

W1999-01863-CA-R3-PC
Carroll County Court of Criminal Appeals 01/12/00
State vs. Raymond Paul Duncan

03C01-9706-CR-00208

Originating Judge:Arden L. Hill
Washington County Court of Criminal Appeals 01/12/00
Judy Ann Walker v. Kingston Warren Corporation and Hartford Casualty Insurance Company

03S01-9902-CV-00025
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 trial court awarded plaintiff, Judy Ann Walker, 56% permanent disability benefits to the body as a whole. In ruling on the issues, the court found plaintiff had sustained two ruptured discs and held the first injury was compensable but the second injury was not work-related. The employer, Kingston Warren Corporation, has appealed insisting the trial court was in error in holding the first ruptured disc was work-related and also raising a notice question regarding the first injury. The employee also appeals arguing the award for the first injury should be increased and that the second injury was work-related. We have carefully examined the record and must conclude the evidence does not preponderate against the findings of the trial court. Plaintiff was 5 years of age and had been working for Kingston several years. She was assigned to new work duties about two weeks before the day in question. The new job required her to operate a molding machine. She stated the machine was new and it was difficult to open and close and it involved a great deal of movement of her arms to operate it correctly. She testified that on Friday, April 26, 1996, while working at the machine, she began to experience pain in her back; she started perspiring and became nauseated. She testified she finished the work shift and was not feeling any better as she left work; that she thought she had a kidney infection as she had these same symptoms before with an infection of this nature. Plaintiff testified that upon reaching her home, she could not get out of the car and she sounded the horn until her husband came out and assisted her into the house. At this time she said she was having severe muscle spasm along with back and leg pain. On Monday, April 29, 1996, she stated she called the company nurse and told her she was sick and that she had started having a backache at work but thought she just had a kidney infection. Sometime later she applied for short- term disability insurance benefits and indicated on the application the event was not work- related. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Ben K. Wexler, Circuit Judge
Knox County Workers Compensation Panel 01/12/00
Thomas Richard Cate v. Charles Tooley, d/b/a Tooley Automatic Transmission Service

03S01-9810-CV-00118
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 appeals the dismissal of his claim for workers' compensation benefits. The trial court found (1) that Thomas Richard Cate was not acting in the course and scope of his employment with Charles Tooley d/b/a Tooley Automatic Transmission Service (hereafter "Charles Tooley") when he was injured, and (2) that Mr. Cate failed to give the required statutory notice of the injury to his employer. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. Richard R. Vance,
Knox County Workers Compensation Panel 01/12/00
02C01-9901-CR-00007

02C01-9901-CR-00007
Shelby County Court of Criminal Appeals 01/12/00
Olanda Carter vs. R.J. Reynonlds

W1999-02233-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey
Shelby County Court of Appeals 01/11/00
Sam Posey vs. City of Memphis

W1999-02225-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans
Shelby County Court of Appeals 01/11/00
Alonzo Bonner vs. Transcon Corp.

W1999-02205-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George Brown
Shelby County Court of Appeals 01/11/00
State vs. Laconia Lamar Bowers

E1999-00170-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 01/11/00
State vs. Connie Arnold

03C01-9902-CR-00081

Originating Judge:Lynn W. Brown
Carter County Court of Criminal Appeals 01/11/00