| Johnson vs. Dept. of Corrections
01A01-9710-CH-00586
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/23/98 | |
| Inr re: Banks Dewey Thompson
01A01-9801-CH-00044
Originating Judge:Jeffrey F. Stewart |
Grundy County | Court of Appeals | 09/23/98 | |
| Dyer vs. State
03C01-9712-CR-00515
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 09/23/98 | |
| 03C01-9803-CR-00089
03C01-9803-CR-00089
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 09/23/98 | |
| 03A01-9708-CH-00431
03A01-9708-CH-00431
|
Court of Appeals | 09/23/98 | ||
| Scott M. Shultsz v. Baneberry Golf Course
03S01-9707-CV-00133
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 employer, Baneberry Golf Course, and insurance carrier, U.S.F.&G. Company, have appealed from a judgment entered by the trial court awarding the employee, Scott M. Shultz, 5% permanent partial disability benefits to the body as a whole. The appeal presents issues concerning whether the court was in error in (1) awarding 5% disability, (2) exceeding the 2 _ multiplier provisions set forth in T.C.A. _ 5-6-241, (3) awarding certain unauthorized medical expenses and (4) awarding certain discretionary costs. Plaintiff was 32 years of age and left school before completing the 12th grade. He does not have a G.E.D. certificate and his work experience has been in the construction industry where he has been a general laborer. He was employed by the defendant golf course as a maintenance worker which required him to operate a large mower and a weedeater about the golf course. On August 23, 1995 while mowing, he noticed the mower deck had jumped its track. He stopped the tractor and squatted down to lift the deck up. As he lifted, he felt a sharp pain in his back and fell to the ground. A co-worker saw him and helped get him back to the shop and on to the hospital emergency room. He testified he worked some period of time after the accident although it was painful; that he was laid off in October or November due to the seasonable nature of his work; that he was furnished a list of physicians and went to see Dr. Kevin Bailey during October, 1995. The record indicates Dr. Bailey ordered an M.R.I. examination and the report showed a large central and right ruptured disc at the lowest disc level and a smaller herniation at the level above that. Dr. Bailey, a physical medicine specialist, did not believe surgery was necessary but referred him to Dr. Bishop, an orthopedic surgeon practicing in the same group, for a second opinion. Dr. Bailey gave a 7% medical impairment for his condition. Dr. Bishop recommended surgery and this was performed during March 1996. Plaintiff was eventually released to return to work on 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Kendall Lawson, |
Knox County | Workers Compensation Panel | 09/23/98 | |
| Brewer vs. State
03C01-9709-CC-00397
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/22/98 | |
| State vs. Gilliam
03C01-9711-CC-00489
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 09/22/98 | |
| State vs. Corey Powell
02C01-9707-CC-00265
|
Fayette County | Court of Criminal Appeals | 09/22/98 | |
| State vs. Jeffrey Hankins
02C01-9709-CC-00355
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 09/22/98 | |
| State vs. Smith, a.k.a Maxwell
03C01-9708-CR-00366
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/22/98 | |
| State vs. Andrew Cole
02C01-9712-CC-00461
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 09/22/98 | |
| State vs. Michael Walls
01C01-9708-CC-00381
|
Franklin County | Court of Criminal Appeals | 09/22/98 | |
| 01C01-9707-CR-00248
01C01-9707-CR-00248
|
Davidson County | Court of Criminal Appeals | 09/22/98 | |
| James Carroll vs. Carolyn Whitney
02A01-9707-CV-00162
Originating Judge:Janice M. Holder |
Shelby County | Court of Appeals | 09/22/98 | |
| State vs. Mark Cash
01C01-9712-CR-00579
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 09/22/98 | |
| Vickie Lewis v. Otis Campbell & Robert Dinwiddie
M2000-03092-COA-R3-CV
This case involves allegations of medical malpractice and misrepresentation. In September 1998, the plaintiff patient began visiting the office of the defendant physician for medical treatment. In February or March 1999, the patient discovered that the person treating her was not the defendant physician. In June 1999, the patient discovered that the person treating her was a pharmacist. In April 2000, the plaintiff patient filed a lawsuit against the physician and the pharmacist, asserting medical malpractice and misrepresentation. The trial court granted summary judgment to the defendants based on the one-year statute of limitations. The plaintiff now appeals. We affirm, finding that plaintiff had sufficient knowledge in February or March 1999 to put her on notice of her cause of action, and, consequently, her April 2000 lawsuit was barred by the statute of limitations.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 09/22/98 | |
| State vs. Don Allen Rodgers
W2000-00714-CCA-R3-CD
The defendant appeals the trial court's revocation of his community corrections sentence and the imposition of incarceration in the Department of Correction. Finding no abuse of the trial court's discretion in making either determination, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 09/22/98 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 09/21/98 | ||
| 03S01-9706-CR-00068
03S01-9706-CR-00068
|
Supreme Court | 09/21/98 | ||
| State vs. Robert Dunlap
02C01-9801-CC-00009
Originating Judge:C. Creed Mcginley |
Henry County | Court of Criminal Appeals | 09/21/98 | |
| State vs. David Bornfriend
02C01-9708-CC-00297
|
Weakley County | Court of Criminal Appeals | 09/21/98 | |
| Frances Blanchard vs. Arlene Kellum, D.D.S.
02S01-9709-CV-00083
|
Supreme Court | 09/21/98 | ||
| State vs. Williams
03S01-9706-CR-00060
|
Hamilton County | Supreme Court | 09/21/98 | |
| Amy v. Hollars
03S01-9707-CH-00084
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). This case presents the issue of whether the trial judge erred in dismissing the plaintiff's claim, which was filed on February 14, 1996, for workers' compensation benefits by way of summary judgment. We reverse the judgment of the trial court and remand this case for further proceedings. On February 1, 1995, the plaintiff and the defendant entered into a settlement of a workers' compensation matter on a joint petition. The defendant filed the petition to resolve the case because of some question as to whether the plaintiff had a compensable claim. The plaintiff was unrepresented throughout the proceeding. The settlement entered into was to compensate the plaintiff for injuries to her sinus cavities as a result of exposure to chemicals used in the dark room of the x-ray department where she worked. Because the medical evidence indicated the plaintiff was allergic to these chemicals, the plaintiff quit work upon entry of the judgment approving the settlement. We find the following facts in the pleadings, etc. filed by the parties on the motion for summary judgment. Prior to the settlement, the plaintiff had been experiencing some joint pain and was examined for this on September 19, 1994 by Dr. Patrick Tsui. Dr. Tsui's notes 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Samuel F. Payne, |
Knox County | Workers Compensation Panel | 09/21/98 |
