| Alan Lee Pressley v. United States Fidelity and Guaranty Co.
03S01-9606-CH-00058
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. In this appeal, the employer's insurer contends the evidence preponderates against the trial court's finding that the employee has suffered an injury arising out of the employment. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Pressley, was thirty-eight years old at the time of the trial. He has an eighth grade education, but had to repeat the second, fifth and seventh grades. He has worked as a bag boy and service station attendant. He began working as a mechanic for The Auto Place in 1988. On the afternoon of October 4, 1994, he was attempting to install a gasoline tank on a vehicle when his back made a popping noise and he felt low back pain. Later the same day, he reported to the emergency room at Harriman City Hospital. The history recorded by the admitting clerk reflects the claimant had been suffering back pain for about a year, but the claimant's wife testified at trial that she told the clerk about the injury that had occurred at work the same day. The claimant did not return to work the next day because of back pain. Four days later, the claimant reported to the emergency room at Oak Ridge Methodist Medical Center. The clerk's notes at this hospital indicate the pain began five days earlier as the claimant was getting out of bed, although the claimant's live testimony is that he explained to the person taking his history about the injury at work. He was thereafter treated by Dr. Hardigree, who released him to return to work after a conservative treatment and a short period of disability. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 02/21/97 | |
| 01C01-9601-CR-00027
01C01-9601-CR-00027
|
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9604-CR-00147
01C01-9604-CR-00147
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| State vs. Curtis Newbern
02C01-9702-CR-00071
|
Shelby County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9512-CC-00422
01C01-9512-CC-00422
Originating Judge:L. Terry Lafferty |
Maury County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9604-CR-00129
01C01-9604-CR-00129
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9601-CR-00032
01C01-9601-CR-00032
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9603-CC-00093
01C01-9603-CC-00093
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.
02A01-9602-CV-00029
In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Appeals | 02/20/97 | |
| 01C01-9508-CC-00244
01C01-9508-CC-00244
Originating Judge:L. Terry Lafferty |
Putnam County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9510-CC-00323
01C01-9510-CC-00323
|
Coffee County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9602-CC-00079
01C01-9602-CC-00079
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9603-CR-00113
01C01-9603-CR-00113
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| 03C01-9512-CV-00394
03C01-9512-CV-00394
|
Hamblen County | Court of Criminal Appeals | 02/20/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Cheatham County | Court of Criminal Appeals | 02/20/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 02/19/97 | ||
| 03C01-9602-CR-00086
03C01-9602-CR-00086
|
Hamilton County | Court of Criminal Appeals | 02/18/97 | |
| 03C01-9406-CR-00205
03C01-9406-CR-00205
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 02/18/97 | |
| 03C01-9602-CC-00070
03C01-9602-CC-00070
|
Sevier County | Court of Criminal Appeals | 02/18/97 | |
| State vs. Criss Williams
W1999-00823-CCA-R3-CD
A Shelby County jury convicted the Defendant, Criss Williams, of the second degree murder of Jerry Washington. Subsequently, the trial court sentenced the Defendant to twenty-five years of incarceration. The Defendant challenges his conviction arguing that (1) the evidence was insufficient to convict him, because the state failed to prove his identity as the shooter, and (2) that the trial court erred in not granting his Motion for Judgment of Acquittal. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 02/16/97 | |
| William Jerry Flippin, Jr., v. A. O. Smith Automotive Products Company
02S01-9601-CH-00089
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 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer questions the award of permanent partial disability benefits as being excessive and contends the award should be to the first phalange of the thumb rather than to the thumb. As discussed below, the panel has concluded the judgment should be modified.
Authoring Judge: Special Judge Joe C. Loser, Jr.
Originating Judge:Chancellor Joe C. Morris |
Gibson County | Workers Compensation Panel | 02/16/97 | |
| 03C01-9603-CC-00108
03C01-9603-CC-00108
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 02/13/97 | |
| 03C01-9602-CR-00057
03C01-9602-CR-00057
Originating Judge:R. Steven Bebb |
Monroe County | Court of Criminal Appeals | 02/13/97 | |
| 03C01-9606-CC-00213
03C01-9606-CC-00213
|
Sevier County | Court of Criminal Appeals | 02/13/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Putnam County | Court of Criminal Appeals | 02/13/97 |
