Please enter some keywords to search.
| Ralph Warren v. Tml Insurance Pool
02S01-9801-CV-00007
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. In his complaint, the plaintiff charges that his "hypertension and heart problems" were caused or aggravated by stress of working as a law enforcement officer. After finding that "the record does not reveal any single triggering incident that would necessarily bring this case within the purview of _ 7-51-21 of the Tennessee Code Annotated," the trial court found "[t]here is, however, a series of events, any one of which standing alone would have sufficed." The defendant stipulated that plaintiff suffered permanent and total disability to the body as a whole and the court entered judgment in favor of the plaintiff accordingly. On this appeal, the defendant, Tennessee Municipal League, presents issue attacking the trial court's finding that plaintiff's hypertension and heart disease were causally related to his employment as a police officer. Plaintiff began his employment with the City of Parsons, Tennessee Police Department in 1975 and was promoted to Chief of Police in 1992. On September 25, 1995, while en route to patrol the industrial park in Parsons, plaintiff fell asleep at the wheel of his patrol car and it left the roadway. Plaintiff awoke when the automobile was on the shoulder, and thus there was no accident or injury. Plaintiff was experiencing chest pain and had experienced chest pain for years prior to this occurrence. On October 3, 1995, he sought medial attention for chest pain. The plaintiff was first diagnosed with hypertension in 1977. He was hospitalized in May, 1989 and underwent heart catheterization and angiography which showed significant heart artery blockage. His blood pressure was "moderately elevated," and he continued to have hypertension. Plaintiff was placed on medication for hypertension control and for heart artery blockage. Plaintiff was treated in 1989 by Dr. Joseph Blankenship and plaintiff returned to Dr. Blankenship on October 3, 1995. Dr. Blankenship, a cardiologist,testifying by deposition, stated that hypertension has an effect on the heart in that it enlarges and damages the heart muscles, increases the risk 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Julian P. Guinn |
Warren County | Workers Compensation Panel | 03/01/99 | |
| James v. Travelers Ins. Co.
03S01-9802-CV-00012
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, 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). The trial court awarded the plaintiff 55 percent vocational disability to the left leg. The defendant raises the following issues: I. Whether the evidence preponderates against the trial court's determination that plaintiff sustained vocational disability of 55% to the leg, where no medical restrictions were imposed on his activities, he was able to resume and sustain his pre-accident employment, and retained the ability to perform other pre-accident employments. II. Whether the evidence preponderates against the trial court's determination that plaintiff sustained vocational disability in the amount of 55% to the leg, where its decision was based on findings of fact that were either improper to consider or not supported by a preponderance of evidence. We affirm the judgment. The plaintiff, age 57 at the time of trial, graduated from high school and received vocational training as a hydraulic mechanic while serving in the U.S. Air Force. His employment history includes working as a roustabout, a truck crane oiler, a machine operator, a fork crane operator, and a tractor-trailer truck driver. In March 1975, he went to work for the predecessor of Titan Tire or Dico Tire, where he still works as a spray operator or green tire sprayer. The plaintiff testified that on May 21, 1996 the sprayer he was using malfunctioned and began spraying paint on the floor. He explained that he continued to work until his feet got twisted around and he fell with his left leg beneath 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. James B. Scott, Jr., |
Knox County | Workers Compensation Panel | 03/01/99 | |
| Diana Morris v. State of Tennessee
01S01-9804-BC-00076
This case requires us to determine whether the Tennessee Claims Commission has subject-matter jurisdiction over actions filed against the State for the tort of retaliatory discharge.1 Because we conclude that the Claims Commission does not have such jurisdiction, the judgment of the Court of Appeals vacating the Claims Commission’s award and dismissing the retaliatory discharge action is affirmed.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Commissioner W.R. Baker |
Davidson County | Supreme Court | 03/01/99 | |
| Frances Miller Bell by Janet Snyder, Conservator & Attorney-In-Fact v. Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., and William Gordon Bell and Hunton & Williams and Long, Ragsdale and Waters
03S01-9809-CV-00101
We granted this appeal to determine whether the plaintiff’s complaint states a cause of action for abuse of process. We conclude that the complaint fails to allege one of the essential elements of the tort -- an improper act in the use of process. Accordingly, we affirm the judgment of the Court of Appeals which upheld the trial court’s dismissal of the plaintiff’s complaint for failure to state a claim upon which relief can be granted. Tenn. R. Civ. P. 12.02(6).
Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Judge Wheeler Rosenbalm |
Knox County | Supreme Court | 03/01/99 | |
| Zagorski vs. State of TN
01S01-9711-CC-00240
|
Robertson County | Supreme Court | 02/28/99 | |
| James & Mary McCain vs. Cary Vaughn
02A01-9707-CV-00154
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 02/26/99 | |
| Robin Berry, et al vs. Wilson County Board of Zoning Appeals, et al
M2000-01995-COA-R3-CV
The Wilson County Board of Zoning Appeals denied Petitioner's request to establish a flea market or a gift shop/deli shop in property zoned C-3 (Highway Commercial). The Board denied Petitioner's request, finding that the Petitioner's proposed businesses were neither permitted uses nor uses permissible on appeal. Petitioner appealed the decision of the Board of Zoning Appeals to the chancery court. The chancery court reversed the decision of the Wilson County Board of Zoning Appeals. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 02/26/99 | |
| 02C01-9806-CC-00187Cecil
02C01-9806-CC-00187Cecil
Originating Judge:Julian P. Guinn |
Carroll County | Court of Criminal Appeals | 02/26/99 | |
| The Estate of John L. Harper, Deceased
03A01-9806-CH-00202
|
Knox County | Court of Appeals | 02/26/99 | |
| Scarlett vs. Oakes
03A01-9806-CH-00201
|
Court of Appeals | 02/25/99 | ||
| State vs. Wiliam Belser
03C01-9803-CR-00110
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 02/25/99 | |
| Lee vs. Zhao
03A01-9807-CH-00209
|
Court of Appeals | 02/25/99 | ||
| Brown vs. Brown
03A01-9806-CH-00178
|
Hamilton County | Court of Appeals | 02/25/99 | |
| State vs. Woodrow Wilson Mounger
03C01-9802-CR-00081
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 02/25/99 | |
| State vs. Curtis Bolton
03C01-9707-CR-00255
Originating Judge:W. Lee Asbury |
Campbell County | Court of Criminal Appeals | 02/25/99 | |
| State vs. Martin Jones
03C01-9803-CR-00084
Originating Judge:Lynn W. Brown |
Unicoi County | Court of Criminal Appeals | 02/25/99 | |
| Brashears vs. City Knoxvlle
03A01-9809-CV-00298
|
Knox County | Court of Appeals | 02/25/99 | |
| Victor Austin vs. Shelby Co. Govt.
02A01-9805-CH-00145
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 02/25/99 | |
| In the matter of: Courtney Jade Canova
01A01-9803-JV-00113
Originating Judge:Andrew J. Shookhoff |
Davidson County | Court of Appeals | 02/25/99 | |
| Antonio Sweatt vs. Donal Campbell
02A01-9808-CV-00227
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 02/25/99 | |
| State vs. Gerald Henry
01C01-9505-CR-00161
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 02/25/99 | |
| John Ball vs. Missy Ball
02A01-9709-GS-00239
Originating Judge:Max Seaton |
Court of Appeals | 02/25/99 | ||
| Williams vs. Williams vs. Hay
01A01-9710-CV-00566
|
Davidson County | Court of Appeals | 02/25/99 | |
| State vs. John Hill
01C01-9802-CC-00072
|
Franklin County | Court of Criminal Appeals | 02/25/99 | |
| Griffin vs. Shelter Mutual Ins. Co.
01A01-9712-CH-00700
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/25/99 |