| 02S01-9611-Ch-00101
02S01-9611-Ch-00101
Originating Judge:Robert A. Lanier |
Supreme Court | 05/23/97 | ||
| Horton vs. State
03C01-9604-CR-00161
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 05/22/97 | |
| State vs. Whaley
03C01-9608-CR-00307
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 05/22/97 | |
| Joseph Myers & Carl Klimek vs. Pickering Firm, Inc.
02A01-9605-CV-00124
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 05/22/97 | |
| Gordon Burks vs. Belz-Wilson Properties, et al
02A01-9607-CV-00154
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 05/22/97 | |
| Jim Voss vs. Shelter Mutual Insurance Co., et al
02A01-9604-CV-00082
Originating Judge:W. B. Acree |
Shelby County | Court of Appeals | 05/22/97 | |
| Willie & Bobbie Lomax vs. Headley Homes, et al
02A01-9607-CH-00163
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 05/22/97 | |
| State vs. Penelope Karnes
01C01-9606-CR-00249
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 05/21/97 | |
| State vs. Daryl Conner
02C01-9512-CR-00358
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 05/21/97 | |
| 01CO1-9605-CC-00218
01CO1-9605-CC-00218
|
Williamson County | Court of Criminal Appeals | 05/21/97 | |
| Stroud vs. Stroud
01A01-9607-CH-00291
Originating Judge:Jim T. Hamilton |
Giles County | Court of Appeals | 05/21/97 | |
| 01CO1-9605-CC-00197
01CO1-9605-CC-00197
|
Robertson County | Court of Criminal Appeals | 05/21/97 | |
| Patterson vs. Amos, et. ux.
01A01-9609-CH-00410
|
Perry County | Court of Appeals | 05/21/97 | |
| 02C01-9602-CC-00047
02C01-9602-CC-00047
Originating Judge:Joe B. Jones |
Dyer County | Court of Criminal Appeals | 05/21/97 | |
| Hepp vs. Joe B's & Schultz
01A01-9604-CV-00183
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 05/21/97 | |
| Cunningham vs. Dept. of Saftey
01A01-9509-CH-00411
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/21/97 | |
| Rust vs. Rust
01A01-9608-CH-00361
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 05/21/97 | |
| State vs. Danny Dorris
01C01-9606-CR-00242
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 05/21/97 | |
| 01CO1-9605-CC-00225
01CO1-9605-CC-00225
|
Coffee County | Court of Criminal Appeals | 05/21/97 | |
| Randy Pertuset v. Pargo's, Inc.
01S01-9609-CH-00189
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 trial court dismissed the plaintiff's petition for workers' compensation benefits. The plaintiff raises the following issues: I. The trial court erred in finding that the altercation between the plaintiff and Thomas Wilson, a co-employee, was not an "accident" sufficient to justify an award of workers' compensation benefits. II. The trial court erred in finding that the medical evidence was insufficient to justify an award based on a mental or nervous disorder. We affirm the judgment of the trial court. The plaintiff in the case was employed as a supervisor at Pargo's, Inc., a restaurant. On January 27, 1994, during the lunch hour, the plaintiff became involved in an exchange with a cook over an order. The evidence shows the plaintiff entered the kitchen to reprimand the cook. The plaintiff pointed his finger at the cook's face as he spoke to him. There is a dispute between the plaintiff and the other witnesses about what then occurred. The plaintiff testified the cook struck him on the neck with his arm, and that he fell to the floor as a result of the blow. The plaintiff was the only witness to give this history of the confrontation. The other witnesses testified the cook placed his hand on the plaintiff's face and pushed him away. All of these witnesses testified the plaintiff did not fall. The day following the incident, the plaintiff became emotionally upset and had to leave work. Basically, the plaintiff was never successfully employed after this time because his mental condition seemed to deteriorate. The Chancellor's memorandum stated in its most pertinent part as follows: The Court finds that the altercation on January 27, 1994 between the plaintiff and Mr. Wilson did not amount to an "accident" sufficient to justify an award. While the plaintiff claims that the plaintiff assaulted him with such force sufficient to cause him to fall to the floor and suffer from neck stiffness, evidence in the record and testimony at trial do not support such a conclusion. Testimony at trial by co-workers who witnessed the altercation reports that the plaintiff began the altercation by verbally 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 05/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Scott County | Court of Appeals | 05/21/97 | |
| Brenda Durham Konyndyk v. Eagle Displays, Inc.
01S01-9609-CH-00188
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 appeals the trial court's finding that she did not retain any permanent partial disability as a result of her work-related injury. We affirm the trial court's judgment. On July 24, 1993, plaintiff was hit by a forklift from behind while she was squatting to take plastic wrap off supplies for the work she was performing. She injured her left shoulder when she fell as a result of this accident. She continued to work after her injury except for a few breaks to rest her shoulder, either at her doctor's request or her own, until March 31, 1995, when she voluntarily quit or retired. She testified that she quit because of her continued shoulder pain, but it is not clear from the transcript whether she gave this reason to her employer. She testified that she continues to experience pain in her shoulder which limits her ability to reach, especially overhead, and lift. She testified that she has difficulty cleaning showers and overhead cabinets, working in her garden and swimming. Plaintiff has mostly received her treatment from her family practitioner, Dr. J. Richard Thomasson. He diagnosed tendinitis of the left shoulder. He also diagnosed tenosynovitis in her right thumb after it began to bother her in the late fall of November 1994; however, he could not testify with any certainty as to the cause of her right thumb tenosynovitis. He opined that she had a medical impairment rating of 27% to the whole body, which he broke down to 7% whole body impairment due to her left shoulder tendinitis and 22% whole body impairment due to her right thumb tenosynovitis. Dr. Thomason testified the plaintiff's thumb problem was due either to overuse or trauma. Dr. Thomason's testimony was uncertain and not persuasive in establishing plaintiff's disability, if any, from her work-related injury. Plaintiff was also evaluated by three orthopedic surgeons. Dr. Robert E. Stein ordered an MRI, which showed mild degenerative disc disease from the C5 through the C7 disks, but was within normal limits. He opined that it was "an MRI that would be 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. John W. Rollins, |
Knox County | Workers Compensation Panel | 05/21/97 | |
| Carol A. Hilliard v. Tn. State Home Health Services, et al.
01S01-9609-CH-00193
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee contends, in this appeal, that there is a genuine issue of material fact concerning causation and that the summary judgment of dismissal should be reversed. As discussed below, the panel has concluded the case should be remanded for trial. In 1971 and 1972, the claimant underwent gallbladder surgery and a hysterectomy. In conjunction therewith, she was given two blood transfusions. Over the next several years, she carried on a normal life and exhibited no more than normal health problems. However, in 1988, the claimant visited a doctor complaining of extreme fatigue, a symptom of hepatitis C. In 1989, she visited a doctor who noted she had an enlarged liver, also a symptom of hepatitis C. By 1992, the claimant's fatigue had become worse and she experienced a series of colds and viruses. She was again diagnosed with an enlarged liver, and hepatitis C was diagnosed for the first time. She has seen several doctors, including Dr. Ellen B. Hunter, whose deposition was filed in support of the defendants' motion for summary judgment. Dr. Hunter testified that hepatitis C sufferers often remain asymptomatic for many years. The claimant testified that the signs of the disease began after she started working for the employer providing nursing care for medical patients. She said she never had any major health problems before that, a circumstance confirmed by her family doctor in his affidavit. Dr. Hunter testified the condition could have been caused by the above transfusions or by working with patients having hepatitis C. She confirmed that a health care worker such as the claimant "is at risk for acquiring hepatitis C." The trial court granted a summary judgment of dismissal. Appellate review is controlled by Tenn. R. Civ. P. 56. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). The pleadings and evidence must be viewed in the light most favorable to the opponent of the motion. Wyatt v. Winnebago Indus., Inc., 566 S.W.2d 276 (Tenn. Ct. App. 1977). Summary judgment is to be rendered only when it is shown that there is no genuine issue as to a material fact and that the moving party is entitled to a judgment as a matter of law. Tenn. R. Civ. P. 56. It is almost never an option in workers' compensation cases. Berry v. Consolidated Systems, Inc., 84 S.W.2d 445 (Tenn. 1991). In a summary judgment hearing, even where the parties have no right to a jury trial, the trial judge is not at liberty to weigh the evidence. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Robert E. Burch, |
Stewart County | Workers Compensation Panel | 05/21/97 | |
| Thomas G. Honeycutt, and wife Fanny M. Honeycutt, b. Bobby Jerald Price and wife, Betty J. Price
03A01-9610-CH-00329
Defendants Bobby Jerald Price and his wife Betty J. Price, appeal a judgment of the Chancery Court for Knox County wherein the Court fixed the boundary line between property owned by them and property owned by Plaintiffs Thomas G. Honeycutt and his wife, Fanny M. Honeycutt, in accorance with the Honeycutts' insistence. (See Appendix.)
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Frederick D. McDonald |
Knox County | Court of Appeals | 05/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamilton County | Court of Appeals | 05/21/97 |
