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| Ronnie Bradfield, v. Steve Dotson, et al.
02A01-9902-CV-00060
This is the third occasion which this Court has had to address the merits of this case. By prior opinions and judgments entered on September 6, 1996, and February 17, 1998, respectively, the Court addressed previous issues on appeal. In the interests of judicial efficiency, the Court adopts and incorporates herein the following recitation of facts contained in our opinion entered in this cause on February 17, 1998: In this case, an inmate at a state correctional institution filed
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge R. Lee Moore, Jr. |
Court of Appeals | 08/16/99 | ||
| Jesse L. Dabbs vs. State
03C01-9806-CR-00199
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 08/16/99 | |
| Eddie Dean Hall vs. State
03C01-9806-CR-00218
Originating Judge:Ben K. Wexler |
Greene County | Court of Criminal Appeals | 08/16/99 | |
| State vs. Kong Bounnam
02C01-9803-CR-00095
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 08/16/99 | |
| State vs. Bradley Green
02C01-9809-CR-00300
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 08/16/99 | |
| Willie E. Payne vs. State
03C01-9809-CR-00336
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/13/99 | |
| State vs. Clifford Jackson
02C01-9802-CR-00041
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 08/13/99 | |
| Cleek vs. Wal-Mart Stores, Inc.
W1999-02419-SC-R3-CV
Authoring Judge: Justice William M. Barker
Originating Judge:Joe C. Morris |
Madison County | Supreme Court | 08/13/99 | |
| W1999-01092-SC-WCM-CV
W1999-01092-SC-WCM-CV
Originating Judge:F. Lloyd Tatum |
Court of Criminal Appeals | 08/13/99 | ||
| Clara Scruggs v. Wal-Mart Stores, Inc.
W1999-01092-SC-WCM-CV
This workers' compensation appeal has been referred to the Special W orker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court, in its findings of fact and conclusions of law, determined that the plaintiff had a gradually occurring injury, and the statute of limitations was not tolled when she gave sufficient notice on September 29, 1997, the date of her lawsuit. Likewise, the trial court found the plaintiff suffered a thirteen (13) percent permanent partial disability to each upper extremity.1 We will determine if the record supports the trial court's conclusions. The defendant presents three appellate issues for review: 1. Whether the trial court erred in holding that the plaintiff's claim was not barred by expiration of the statute of limitations? 2. Whether the trial court erred in holding that the plaintiff incurred a permanent impairment? 3. Whether the trial court's disability award was excessive? Review of the findings of fact made by the trial court is de novo upon the record, 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). However, considerable deference must be given to the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521d (Tenn. 1991). After a review of the record in this cause, the briefs of the parties and appropriate law, we AFFIRM the trial court's judgment. 1The correct method of assigning disability in a case like this is give one rating to both arms, rather than to each arm. However, in this case, the result is the same as that reached by the trial court. 2
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Joe C. Morris |
Madison County | Workers Compensation Panel | 08/13/99 | |
| Joseph D. Mcewen v. Herman Jenkins Motors, Inc
02S01-9804-CH-00041
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. William Michael Maloan, |
Obion County | Workers Compensation Panel | 08/13/99 | |
| State vs. Arnold Potter
03C01-9810-CC-00347
|
Blount County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Donald Schweitzer
03C01-9808-CR-00299
|
Roane County | Court of Criminal Appeals | 08/12/99 | |
| Billy Joe Sisk vs. State
03C01-9807-CC-00256
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Jerry Pendergrass, et al
03C01-9810-CR-00371
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Elbert Tate
02C01-9810-CR-00304
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Rodney Jeffries
02C01-9807-CR-00214
|
Shelby County | Court of Criminal Appeals | 08/12/99 | |
| Darrell Lamar Fritts vs. State
03C01-9803-CR-00116
Originating Judge:Douglas A. Meyer |
Monroe County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Erskine Johnson
02C01-9707-CR-00292
|
Shelby County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Erskine Johnson
02C01-9707-CR-00292
Originating Judge:William H. Williams |
Shelby County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Rodney Jeffries
02C01-9807-CR-00214
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/12/99 | |
| David McNish vs. State
03C01-9712-CR-00550
|
Carter County | Court of Criminal Appeals | 08/12/99 | |
| State vs. Timothy Wayne Tipton
03C01-9805-CR-00189
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/12/99 | |
| Starks vs. Durham
01A01-9808-CV-00453
|
Court of Appeals | 08/12/99 | ||
| Preston vs. Preston
01A01-9806-CH-00289
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 08/12/99 |