APPELLATE COURT OPINIONS

Miller vs. Hembree

03A01-9712-CV-00537
Court of Appeals 04/30/98
03A01-9901-CH-00015

03A01-9901-CH-00015
Court of Appeals 04/30/98
Regan vs. Malone

03A01-9707-CH-00281
Court of Appeals 04/30/98
McClellan vs. Stanley

03A01-9708-CV-00343
Court of Appeals 04/30/98
State vs. Mario Boyd

02C01-9703-CR-00110
Shelby County Court of Criminal Appeals 04/30/98
State vs. Pam Davis

02C01-9704-CC-00139
McNairy County Court of Criminal Appeals 04/30/98
State vs. Stanley Harville a/k/a Stanley Salahuddin

01C01-9703-CC-00104
Hickman County Court of Criminal Appeals 04/30/98
State vs. Garrett Raines

01C01-9704-CC-00127
Court of Criminal Appeals 04/30/98
Jerry Cunningham vs. Baker, et al

02A01-9712-CV-00299
Court of Appeals 04/30/98
Hon. Frank v. Williams,

03S01-9706-CH-00074
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 March 1995, the plaintiff in this case brought suit against Superior Steel, Inc. and Liberty Mutual Insurance Company ("the defendants") and the Second Injury Fund1 claiming that he was entitled to recover workers' compensation benefits for two work related injuries: a knee injury and an occupational disease. First, the trial judge found that the plaintiff had sustained a ten percent permanent partial disability to his right leg. Second, the trial judge found that the plaintiff was 1 percent permanently and totally disabled as a result of a chronic obstructive pulmonary disorder which he classified as an occupational disease because the plaintiff's condition was exacerbated by breathing diesel fumes during his employment with the defendant. The trial judge merged the two injuries and thereby awarded the plaintiff 1 percent disability benefits. The defendants appeal the trial court's findings regarding the plaintiff's occupational disease, contending that the trial judge erred (1) in ruling that the statute of limitations had not expired, (2) in ruling that notice had been properly given, and (3) in finding that the plaintiff's condition was an occupational disease which arose out of and in the course of his employment with the defendant. The defendants do not appeal the trial court's findings of disability to the plaintiff's leg, but a brief reference to the knee injury is necessary for a proper discussion of the facts. We affirm the judgment of the trial court. BACKGROUND The plaintiff, 48 years of age, worked as an oiler and crane operator for most of his working life -- approximately 28 years. For almost 32 years of his life, the plaintiff smoked two packs of cigarettes per day. The plaintiff quit smoking in June 1992. 1 The trial judge dismissed the Second Injury Fund from this case and we find the dismissal was proper. By reason of Tenn. Code. Ann. __ 5-6-28(a) and (b), the Second Injury Fund is not liable to the plaintiff. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frederick D. Mcdonald,
Knox County Workers Compensation Panel 04/30/98
Ronnie Erwin v. Moon Products

M2002-00877-COA-R9-CV
This is an appeal from a denial of an application to compel arbitration. For the following reasons, we affirm the court below.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:J. B. Cox
Marshall County Court of Appeals 04/30/98
Vaughn, et. ux. vs. King, et. ux.

01A01-9707-CV-00330

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 04/29/98
Huang vs. Gates vs. Huang

01A01-9709-CV-00462

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 04/29/98
McGill vs. Hendrix

01A01-9709-PB-00536
Davidson County Court of Appeals 04/29/98
State vs. Jon Hall

02C01-9703-CC-00095

Originating Judge:Whit A. Lafon
Madison County Court of Criminal Appeals 04/29/98
Northcott vs. Dept. of Correction

01A01-9707-CH-00355

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/29/98
State vs. Frederick Edwards

02C01-9704-CC-00157
Weakley County Court of Criminal Appeals 04/29/98
Jimmy H. Vaughn, v. Mary Runyon Vaughn

01A01-9707-CV-00347

The trial court found that there had been a change of circumstances and increased Jimmy Hunter Vaughn’s [husband’s] alimony obligation to Mary Runyon Vaughn [wife] from $400.00 per month to $600.00 per month. The court also found that husband should pay $350.00 as reasonable attorney fees to wife’s attorney

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Muriel Robinson
Court of Appeals 04/29/98
Hampton vs. TN. Truck Sales, Inc.

01A01-9711-CH-00640

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 04/29/98
Vaughn vs. Vaughn

01A01-9707-CV-00347

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 04/29/98
Bickford vs. Bickford

01A01-9711-CH-00645
Rutherford County Court of Appeals 04/29/98
State vs. Harry McLemore

02C01-9711-CC-00436
Lauderdale County Court of Criminal Appeals 04/29/98
03C01-9706-CC-00215

03C01-9706-CC-00215

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 04/29/98
State vs. James McClenton

02C01-9710-CR-00385
Shelby County Court of Criminal Appeals 04/29/98
Calkins vs. Calkins

03A01-9709-CH-00413
Sevier County Court of Appeals 04/29/98