Deborah Williams v. Tecumseh Products Company
02S01-9702-CV-00012
The Special Workers’ Compensation Appeals Panel approved the trial court’s award of benefits to Deborah Williams, the plaintiff, who had suffered symptoms of carpal tunnel syndrome related to her employment as an assembly-line worker for Tecumseh Products Company, the defendant. At issue are the causation and permanency of the worker’s injuries and the payment of discretionary costs related to the deposition of an examining physician. For the reasons appearing below, we adopt the panel’s findings of fact and conclusions of law with respect to the issues of causation and permanency. Although we affirm the award of discretionary costs, we vacate the panel’s order invalidating certain local procedures of the Twenty-Fourth Judicial District.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge C. Creed McGinley |
Henry County | Supreme Court | 11/02/98 | |
Virginia Lynn Woolsey, v. Douglas Harmon McPherson
02A01-9706-JV-00125
Plaintiff Virginia Lynn Woolsey appeals the trial court’s order removing Jennifer McPherson from her custody and placing the child in the custody of Defendant Douglas Harmon McPherson. McPherson appeals the trial court’s order requiring him to pay the $15,000 fee of the Guardian ad Litem. We affirm in all respects.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge A. V. McDowell |
Shelby County | Court of Appeals | 11/02/98 | |
Melissa Cooper v. Xerox Corporation
02S01-9710-CH-00091
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 ten percent permanent partial disability to the body as a whole, half of certain medical expenses, and discretionary costs. The defendant appeals and raises the following issues for our review: I. Whether or not the preponderance of the evidence supports the Trial Court's finding that the Plaintiff sustained a 1% permanent partial disability to the body as a whole as a result of this injury. II. Whether or not the preponderance of the evidence supports the Trial Court's award of _ of the medical expenses incurred by Plaintiff as a result of the medical expense of chiropractor Joseph Lipkowitz. III. Whether or not the Trial Court abused its discretion in awarding discretionary costs to Plaintiff in the above matter. We find that the award of ten percent is contrary to the weight of the evidence and that the judgment of the trial court should be reversed and dismissed. Because of this decision, we do not reach the last two issues on appeal.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Floyd Peete, |
Shelby County | Workers Compensation Panel | 11/02/98 | |
Phyllis Renee Brown, v. Charles Chandler Brown, Sr.
02A01-9709-CV-00228
Charles Chandler Brown, Sr., (Father), appeals the trial court's order denying his petition to modify the custody arrangement previously agreed to by the parties and set forth i their final divorce decree. For the reasons stated hereinafter, we affirm the trial court's judgment with certain modifications.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge James F. Russell |
Court of Appeals | 11/02/98 | ||
State of Tennessee vs. James Christopher Tatrow
03C01-9707-CR-00299
A jury in Cumberland County Criminal Court convicted the defendant, James Christopher Tatrow, of two counts of felony murder and two counts of especially aggravated kidnapping in the deaths of Roger Zammit and John Harry. The defendant was also convicted of two counts of premeditated and deliberate murder of the same victims. The trial court set aside those verdicts, however, as the thirteenth juror. See Tenn. R. Crim. P. 33 (f). In the sentencing phase, the jury declined to impose the death penalty or life without parole and sentenced the defendant to serve life sentences with the possibility of parole. At the conclusion of a sentencing hearing, the trial court ordered the defendant to serve two consecutive life sentences concurrently with sentences of 22 years for the kidnapping convictions. The defendant now challenges the validity of the convictions and the propriety of consecutive sentencing pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure.
Authoring Judge: Judge Curwood Witt
Originating Judge:Judge John A. Turnbull |
Cumberland County | Court of Criminal Appeals | 11/02/98 | |
Kevin R. Wagner and Peggy A. Wagner, v. Tabor Construction, Inc. and John Tabor, D/B/A Tabor Construction Company
03A01-9805-CV-00159
The facts of this case are relative (sic) simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list items. Part of the work was compleed on the "punch list" items.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Wheeler Rosenbalm |
Court of Appeals | 11/02/98 | ||
Frizzell Construction, Inc., v. Gatlinburg, LLC.
03A01-9805-CH-00161
The facts of this case, as material to this appeal, are relatively simple. The parties entered into a contract for the construction of a hotel in Gatlinburg, Tennessee. The contract was a standard 2
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Telford E. Fogarty, Jr. |
Sevier County | Court of Appeals | 11/02/98 | |
Gary Charles Hill, v. Insurance Company of North America
03S01-9712-CH-00150
This workers' 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)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Special Judge Roger E. Thayer
Originating Judge:Chancellor Jeffrey F. Stewart |
Court of Appeals | 11/02/98 | ||
State of Tennessee vs. Jacob Meeks
02C01-9709-CC-00360
The defendant appeals from the dismissal of a petition for post-conviction relief, wherein he sought a delayed appeal from the judgment of the Court of Criminal Appeals, which affirmed his trial court conviction for “hindering a secured creditor,” to the Supreme Court.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Judge John Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 11/02/98 | |
Pleasant vs. Repass
03A01-9804-CH-00117
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Court of Appeals | 10/30/98 | ||
Fowler vs. Bowie
03A01-9801-CV-00021
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Washington County | Court of Appeals | 10/30/98 | |
Moore vs. Moore
03A01-9708-CH-00382
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Court of Appeals | 10/30/98 | ||
Sanjines vs. Sanjines
03A01-9808-CV-00253
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Court of Appeals | 10/30/98 | ||
State vs. Michael Love
02C01-9805-CC-00134
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Madison County | Court of Criminal Appeals | 10/30/98 | |
03A01-9712-CH-00535
03A01-9712-CH-00535
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Court of Appeals | 10/30/98 | ||
Caruthers vs. Caruthers
03A01-9712-PB-00539
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Cumberland County | Court of Appeals | 10/30/98 | |
Lescarbeau vs. Lescarbeau
03A01-9706-CV-00215
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Greene County | Court of Appeals | 10/30/98 | |
01A01-9711-PB-00656
01A01-9711-PB-00656
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 10/30/98 | |
State vs. Royce Lane
02C01-9604-CC-00133
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 10/30/98 | |
State vs. Charles Madison Blackman, Jr.
01C01-9708-CC-00335
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 10/30/98 | |
Kennedy vs. Robson
01A01-9707-CV-00343
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 10/30/98 | |
State v. Larry Morris
01C01-9708-CC-00322
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Franklin County | Court of Criminal Appeals | 10/30/98 | |
State vs. Thomas Davenport
01C01-9802-CC-00065
Originating Judge:Don Ash |
Cannon County | Court of Criminal Appeals | 10/30/98 | |
State vs. Thomas Davenport
01C01-9802-CC-00065
Originating Judge:Don Ash |
Cannon County | Court of Criminal Appeals | 10/30/98 | |
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Court of Appeals | 10/30/98 |