| State vs. Christopher D. Smith
03C01-9807-CR-00270
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 07/12/99 | |
| State vs. Delfro Willis
02C01-9810-CC-00336
|
Madison County | Court of Criminal Appeals | 07/12/99 | |
| Willette Newsom v. Murray, Inc.
02S01-9811-CH-00110
This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is a carpal tunnel syndrome case. Upon hearing the evidence, the trial court found that plaintiff suffered a 6 percent permanent partial disability to her right arm and a 35 percent permanent partial disability to her left arm. Defendant, Murray, Incorporated, appealed the judgment. The sole issue on appeal is whether the trial court's award is excessive. After careful review of the record, we find that the evidence does not preponderate against the trial court's award. Therefore, the judgment of the trial court is affirmed. At the time of trial, plaintiff, Willette Newsom, was a 5 year old mother of three with a Bachelor of Science degree in business education. However, her previous work experience did not involve the use of her degree but consisted of employment as a file clerk, a restaurant employee, in home health services, and as a nurse's assistant at a nursing home. She began working for Murray in 1993 on the assembly line. She was subsequently transferred to the parts and service department for approximately two and one half years before being put back on the assembly line. Her job duties on the assembly line included repetitious use of her hands while tightening screws into motors with a power gun. After a few months back on the assembly line, she experienced a sharp pain in her right hand, which she reported to her employer. She was sent to Dr. Bingham for treatment and eventually to Dr. Lowell F. Stonecipher when she did not improve. Plaintiff first saw Dr. Stonecipher, an orthopedic surgeon, on October 11, 1996, when Dr. Bingham's conservative treatment of plaintiff's moderately severe carpal tunnel syndrome was ineffective in relieving her symptoms. On November 13, 1996, Dr. Stonecipher performed an endoscopic carpal tunnel release on plaintiff's right hand. On November 26, plaintiff was released to light duty with restrictions on lifting more than twenty pounds. Because she was doing well in January, Dr. Stonecipher released plaintiff to regular duty on January 17, 1997, but advised her against the use of power tools. The 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 07/12/99 | |
| Willie Lane Shannon v. Sipco Services & Marine, Inc., et al
02S01-9902-CH-00013
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 & Supp. 1998); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. C. Creed Mcginley, |
Benton County | Workers Compensation Panel | 07/12/99 | |
| Bobby White v. Goodyear Tire & Rubber
02S01-9810-CV-00101
This worker's compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann._ 50-6-22-255(e) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the defendant appeals the award of 55% disability to the body as a whole. After a thorough review of the record, this panel finds this award of permanent partial disability should be affirmed.
Authoring Judge: C. Creed Mcginley, Special Judge
Originating Judge:Hon. William B. Acree |
White County | Workers Compensation Panel | 07/12/99 | |
| Gloria Rooker v. Zurich Insurance Co.
W1998-00273-WC-R3-CV
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the defendant's insurer appeals the award of 25% disability to the body as a whole, as well as the court ordered payment of medical charges by a physician not authorized by the employer. After thorough review of the record, this panel finds the award of permanent partial disability should be affirmed, but that portion of the judgment ordering payment of medical expenses for charges by an unauthorized physician should be reversed.
Authoring Judge: Special Judge C. Creed Mcginley
Originating Judge:Hon. D'Army Bailey |
Shelby County | Workers Compensation Panel | 07/12/99 | |
| Doris Howard v. Sterling Plumbing Group, Inc.
02S01-9811-CH-00107
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This worker's compensation suit was brought by Doris Howard, widow of Paul Howard, deceased, for the use and benefit of herself and the two minor children of the plaintiff, and Paul Howard, deceased. The trial court found for the plaintiff, holding that her husband, Paul Howard, suffered a compensable heart attack arising out of and in the course of his employment for the defendant. The court held that the heart attack resulted in the death of Mr. Howard and awarded benefits accordingly. In its only issue, the defendant says that the plaintiff did not prove by a preponderance of the evidence "that the claimants heart attack was precipitated by physical activity or exertion or physical strain associated with claimant's job." After considering the record, we find that the judgment of the trial court must be affirmed. Except for the medical evidence, there is no substantial conflict in the evidence. The plaintiff, the employee's widow, testified that Mr. Howard was 6'1" tall, 42 years of age, and weighed 168 pounds on October 1, 1995, when he died at work. He had high blood pressure and cholesterol. On October 1, 1995, the deceased left home to go to work at approximately 6:1 p.m. He was a maintenance employee for the defendant. Later, he telephoned his wife, and they had a normal conversation, Mr. Howard was in a good humor and laughing. He told his wife that at that time he was cleaning. Glen Page, testified that he worked in the maintenance department of the defendant corporation with Mr. Howard. They worked together on the evening of October 1, 1995. They weren't busy in the maintenance department, so they did some cleanup work involving sweeping. Mr. Howard was using a pushbroom that measured from 14 to 18 inches wide. Mr. Page testified that sweeping with the pushbroom was not strenuous work and that he and Mr. Howard could take a break when they desired. Mr. Page was called to the telephone and was gone for about twenty minutes. When he returned, Mr. Howard was lying on the floor. He had turned blue, and the pushbroom was on the floor two or three feet from him. Dr. Robert D. Dodds, II, a cardiologist, testified by deposition. On October 1, 1995, he was called in his capacity as the medical examiner for Obion County to observe Mr. 2
Authoring Judge: Hon. William Michael Maloan, Chancellor
Originating Judge:Hon. William Michael Maloan, |
Obion County | Workers Compensation Panel | 07/12/99 | |
| Graham, et al vs. Edmondson
01a01-9809-CH-00482
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Appeals | 07/12/99 | |
| 02A01-9802-CH-00035
02A01-9802-CH-00035
Originating Judge:William M. Maloan |
Weakley County | Court of Appeals | 07/12/99 | |
| Morefield vs. O'Brien Heating/Cooling
01A01-9807-CH-00385
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/12/99 | |
| Long vs. Tri-Con Industries
01S01-9708-CV-00176
|
Supreme Court | 07/12/99 | ||
| Wiley Hutcherson vs. Rozell Carter
02A01-9807-CH-00216
Originating Judge:Wil V. Doran |
Lauderdale County | Court of Appeals | 07/12/99 | |
| GRE Insurance Group vs. Reed
01A01-9806-CH-00300
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 07/12/99 | |
| Wanda Barker vs. James Barker
02A01-9808-CH-00222
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 07/12/99 | |
| Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032
|
Court of Appeals | 07/12/99 | ||
| Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032
|
Supreme Court | 07/12/99 | ||
| William Hall vs. Don Shaw
02A01-9810-CH-00288
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 07/12/99 | |
| State of Tennessee vs. David Eugene Smith, Jr.
01C01-9805-CR-00224
The appellant, David E. Smith, Jr., appeals the verdict of a Davidson County jury finding him guilty of one count of theft of property over $1,000, a class D felony. For this offense, the appellant received a two year suspended sentence. On appeal, the appellant challenges the sufficiency of the convicting evidence and contends that the trial court erred by denying his request for judicial diversion.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 07/09/99 | |
| State of Tennessee vs. Anand Franklin
01C01-9807-CR-00282
The appellant, Anand Franklin, was convicted by a Davidson County jury of one (1) count of aggravated sexual battery, a Class B felony. The trial court sentenced him as a Range I offender to eight (8) years incarceration. On appeal, the appellant claims that the evidence presented at trial was insufficient to establish guilt beyond a reasonable doubt. After a thorough review of the
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 07/09/99 | |
| State of Tennessee vs. James Richard Watson
03C01-9809-CR-00325
The defendant, James Richard Watson, appeals from his sentence imposed for aggravated assault, a Class C felony, in the McMinn County Criminal Court. See Tenn. Code Ann. § 39-13-102(a)(1)(B) (1997). The trial court imposed a five year sentence in the Tennessee Department of Correction. In this direct appeal, the defendant challenges the length of the sentence imposed and the manner of service. After a review of the record, the briefs of the parties, and the applicable law, we affirm the sentence.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 07/09/99 | |
| State of Tennessee v. Louis Lavergne
01C01-9803-CR-00128
The appellant, Louis Lavergne, pled guilty to the offense of voluntary manslaughter in the Davidson County Criminal Court.1 Pursuant to the plea agreement, both the length of the sentence and the manner of service were submitted to the trial court for determination. The trial court subsequently imposed a four year sentence to be served in the Department of Correction. In this appeal, the appellant challenges both the length of the sentence and the trial court’s denial of a sentencing alternative to total confinement. After a review of the record, the appellant’s four year sentence is affirmed, however, the manner of service is modified to reflect a split confinement sentence of six months confinement in the local jail or workhouse with the remainder of the four year sentence to be served on supervised probation.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 07/08/99 | |
| Jerry Nelms as next of kin and Executor of the Estate of Inez Nelms v. Walgreen Company
02A01-9805-CV-00137
Plaintiff Jerry Nelms, as next of kin and executor of the estate of his deceased wife,
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge John R. McCarroll, Jr. |
Shelby County | Court of Appeals | 07/07/99 | |
| State of Tennessee vs. Lamar Fletcher
02C01-9902-CC-00046
This matter is before the Court upon motion of the state to affirm the judgment of the trial court by order rather than formal opinion. See Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the trial court’s dismissal of the petitioner’s petition for writ of habeas corpus. The petitioner is currently serving a life sentence, having been found to be an habitual criminal in 1985. In his present petition, the petitioner claims that his conviction is void because his trial attorney worked as a Public Defender and Assistant District Attorney at the same time.
Authoring Judge: Judge Joe G. Riley
|
Lauderdale County | Court of Criminal Appeals | 07/07/99 | |
| State of Tennessee vs. Charles R. Smith
02C01-9810-CC-00308
A Hardeman County jury convicted defendant of aggravated burglary, a Class C felony, and theft of property valued at $500, a Class A misdemeanor. The sole issue in this appeal as of right is sufficiency of the evidence. We find the evidence sufficient to support the convictions and AFFIRM the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 07/07/99 | |
| State of Tennessee vs. Terry Wayne Hayman
02C01-9811-CC-00354
Defendant, Terry Wayne Haymon, appeals as of right his convictions by a Dyer County jury on three counts of aggravated robbery. Honorable J. Steven Stafford sentenced the defendant to concurrent terms of thirty years as a career offender. The following issues are presented for our review: 1. whether the evidence is sufficient to support the convictions;
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 07/07/99 |
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