| Billy Aldridge vs. State
01C01-9704-CR-00142
|
Davidson County | Court of Criminal Appeals | 02/13/98 | |
| William Allen Frazier v. Landair Services, Inc.
03S01-9706-CV-00064
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 plaintiff alleged in his petition that he was injured while unloading a trailer while in the employment of the defendant.1 The defendant filed a Motion for Summary Judgment supported by affidavits, and the plaintiff answered the motion by filing affidavits also. The trial judge granted summary judgment to the defendant and dismissed the plaintiff's petition. We affirm the judgment. The issue raised in this case is whether the plaintiff was an employee of the defendant and thus entitled to recover workers' compensation benefits for his injury. The structure of the relationship between the plaintiff and the defendant was derived from the employment of the plaintiff as a driver with a company known as Central Trucking, Inc. Landair Transport, Inc. entered into a contract with Central Trucking whereby Central Trucking would tow the defendant's trailers on shipments to the defendant's customers. The contract provided that the employees of Central Trucking would not be employees of the defendant. The plaintiff contended in his petition and affidavit that he was injured while unloading a trailer for the defendant and that all unloading fees were negotiated between him and a terminal manager of the defendant. The plaintiff claims this created an employer-employee relationship between him and the defendant. One of the owners of Central Trucking filed an affidavit in support of the plaintiff's claim that the amount to be paid for unloading was negotiated between the plaintiff and the defendant. The trial judge considered the affidavits, the contract between the defendant and Central Trucking, and various documents filed in support of and in opposition to the Motion for Summary Judgment. After reviewing the documents and hearing 1 It appears the actual defendant relevant to this case is Landair Transport, Inc. frazier.wc 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John Mcclellan, III, |
Knox County | Workers Compensation Panel | 02/13/98 | |
| Robert Martin vs. Union Planters
02A01-9708-CV-00179
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 02/12/98 | |
| State vs. Kevin Hyman & Karen Russell
02C01-9612-CR-00454
|
Shelby County | Court of Criminal Appeals | 02/12/98 | |
| State vs. Steven Culps
02C01-9705-CC-00163
|
Madison County | Court of Criminal Appeals | 02/12/98 | |
| State vs. Raymond Jones
02C01-9705-CC-00162
|
Madison County | Court of Criminal Appeals | 02/12/98 | |
| State vs. Kenneth Johnson
02C01-9612-CR-00476
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 02/12/98 | |
| Mildred Daniel vs. James Daniel
02A01-9606-CH-00135
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 02/12/98 | |
| State vs. Rickey Nelson
02C01-9607-CR-00223
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 02/12/98 | |
| State vs. James Jones
01C01-9612-CC-00522
Originating Judge:Charles D. Haston, Sr. |
Van Buren County | Court of Criminal Appeals | 02/11/98 | |
| State vs. Christopher Parker
01C01-9701-CR-00037
|
Davidson County | Court of Criminal Appeals | 02/11/98 | |
| State vs. Larry Holbrooks
01C01-9701-CR-00011
|
Davidson County | Court of Criminal Appeals | 02/11/98 | |
| State vs. Timothy Brown
01C01-9701-CR-00032
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/11/98 | |
| McGlothlin vs. Bristol
03A01-9706-CV-00236
|
Court of Appeals | 02/11/98 | ||
| Knoll vs. Knoll
03A01-9707-CH-00275
|
Court of Appeals | 02/10/98 | ||
| Stephens vs. Revco
03A01-9708-CV-00351
|
Court of Appeals | 02/10/98 | ||
| Worley vs. State
03A01-9708-JV-00366
|
Court of Appeals | 02/10/98 | ||
| State vs. Darwin Windham
02C01-9705-CC-00196
|
Weakley County | Court of Criminal Appeals | 02/10/98 | |
| State vs. Judy Leath
01C01-9511-CC-00393
|
Macon County | Court of Criminal Appeals | 02/10/98 | |
| State vs. Gaylen Rhodes
02C01-9703-CC-00121
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 02/10/98 | |
| State vs. Mark Rawlings
02C01-9612-CR-00475
Originating Judge:Joseph B. Mccartie |
Shelby County | Court of Criminal Appeals | 02/10/98 | |
| State vs. Harry Reed
01C01-9701-CC-00007
|
Williamson County | Court of Criminal Appeals | 02/10/98 | |
| Cheri Owens Tuncay v. Engin Halif Tuncay - Concurring
02A01-9709-CH-00209
This is a divorce case. Plaintiff-appellant Cheri Owens Tuncay was granted a divorce on the ground of inappropriate marital conduct. Mrs. Tuncay appeals the trial court’s division of the marital debts as well as the court’s failure to award her alimony beyond $5,000 in attorney fees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 02/09/98 | |
| Donald Neil Pierce, v. Branda Ann Radford Pierce
03A01-9707-GS-00250
This is a divorce case. On appeal, Brenda Pierce (wife) raises the issues of whether the tril court erred by refusing to grant her periodic alimony, by failing to grant her the divorce, and by failing to grant her discretionary costs and attorney's fees. We modify the judgment and affirm as modified.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Thomas A. Austin |
Roane County | Court of Appeals | 02/09/98 | |
| Larry Stephen Roseberry, v. Janis Roseberry
03A01-9706-CH-00237
In this divorce action, the appellant (husband) appeals from the judgment of the trial court questioning the amount of child support he was ordered to pay, the division of marital property and alimony, including the amount, nature, and duration. The appellee (wife) seeks attorney fees for this appeal. No issue is presented relating to the granting of the divorce. We note that at the time of the trial, the husbanc had more than enough life insurance in force to satisfy this requirement.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Earle G. Murphy |
Knox County | Court of Appeals | 02/09/98 |
