Gerald Dewayne Sharp v. Sharp Transport, Inc.
01S01-9802-CH-00030
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Robert L. Jones,
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. Fairly stated, the issue is whether the employee's increased permanent medical impairment was causally related to an injury occurring in October, 1994. As discussed below, the panel has concluded the judgment should be affirmed. The action was initiated by the employee or claimant, Gerald DeWayne Sharp, to recover workers' compensation benefits for an injury alleged to have occurred on October 19, 1994. After a trial on the merits on January 16, 1998, the trial judge found that the claimant had "failed to establish by a preponderance of the evidence that the October, 1994, on-the-job incident bore any causal relationship to the back surgery performed on the plaintiff in June, 1995" and "that the preponderance of the evidence establishes that the plaintiff's back condition, including the June, 1995 surgery, are all the result of a prior back injury occurring in 199, and are not the result of the on-the-job incident of October, 1994." Accordingly, the claim was disallowed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). In April of 199, while working for a different employer, the claimant fell from a loading dock and injured his back. Corrective disc surgery was performed by Doctor Wilburn, who continued to follow the progress of his recovery. The pain from the injury persisted and, in January of 1991, the pain became sharper and radiated into the lower right leg. X-rays in June of the same year revealed narrowing and degenerative changes at the surgical site. Dr. Wilburn diagnosed post laminectomy syndrome with nerve root irritation and in December, 1991, the doctor assigned an impairment rating of fifteen percent to the body from the injury and consequent surgery. On December 2, 1991, he was awarded permanent partial disability benefits based on thirty-two percent to the body as a whole and lifetime medical benefits. In October of 1992, the claimant began working for the present employer, Sharp Transport, Inc. Sixteen months later, he advised Dr. Wilburn that he had experienced intermittent symptoms since the 199 surgery and fairly constant low backache as well as sharp pain in the right hip and cramping in the right calf. Dr. Wilburn advised him not to drive a truck. In September of 1994, the claimant related to the doctor increasing pain over the past couple of weeks in his low back and hip, as well as behind his right knee and into his right calf. Medical treatment was provided by the previous employer's insurer. An MRI revealed arthritis in the area of the earlier surgery and broad based disc protrusion. Dr. Wilburn attributed the changes to the 199 surgery and noted the claimant may have aggravated his back on October 19, 1994, but that he did not have a new injury. In June of 1995, additional surgery was performed to relieve recurrent pain from the earlier injury. Again the former employer's insurer paid the medical expenses upon receipt of the surgeon's 2

State vs. Vaughn Mixon
02S01-9804-CC-00034

Wilson vs. Wilson
01S01-9807-CV-00130

State vs. Steve Paige
W2001-03045-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James C. Beasley, Jr.
In an indictment returned by the Shelby County Grand Jury on August 9, 2001, Defendant, Steve Paige, was charged with two counts of aggravated assault. The indictment alleged that both offenses occurred on January 16, 1999. At a hearing on December 6, 2001, the criminal court, sua sponte, dismissed the indictment because of the State's failure to prosecute. In its order of dismissal, the criminal court found that Defendant was arrested on January 16, 1999, the case was bound over to the grand jury on May 25, 1999, but he was not indicted until twenty-seven months later. The trial court further found that Defendant was arraigned on November 13, 2001, but the State did not have a file on the case and it had to be continued twice for that reason. When the case was called on December 6, 2001, the State could still not produce a file on the case. Accordingly, the trial court dismissed the case with prejudice for the State's failure to prosecute pursuant to Rule 48(b) of the Tennessee Rules of Criminal Procedure. The State appealed. After review, we affirm the trial court's order dismissing the case, but reverse that portion of the order dismissing the case with prejudice, and remand this case for the trial court to enter an amended order dismissing the case without prejudice.

Reba Rector v. Dacco
01S01-9804-CV-00083
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. John Maddux,

Greg Morgan vs. State
03C01-9611-CR-00404
Trial Court Judge: Mayo L. Mashburn

State vs. Holloway
03C01-9712-CC-00533
Trial Court Judge: W. Lee Asbury

State vs. Strickland
03C01-9801-CC-00556

State vs. Wembley
03C01-9803-CC-00088

Gary Harris vs. State
03C01-9803-CR-00085
Trial Court Judge: Lynn W. Brown

Dennis/Cheryl Caire vs. McLemore Food Stores
02A01-9804-CV-00103
Trial Court Judge: Robert A. Lanier

Clark & Associates Architects, Inc. vs. Lewis
01A01-9802-CH-00088
Trial Court Judge: Carol A. Catalano

Edmondson vs. Solomon
01A01-9802-CV-00097
Trial Court Judge: Walter C. Kurtz

Hampton vs. TN Truck Sales
01A01-9712-CH-00721
Trial Court Judge: Irvin H. Kilcrease, Jr.

Brooks vs Brooks, Jr.
03A01-9801-CH-00008

Alexander vs Armentrout, Jr.
03A01-9807-CV-00205

Spruce vs Spruce
03A01-9807-CV-00211

Sara Evelyn Evans (Young) v. Bobby Hugh Young, D.K. Hailey Wrecking Company, Inc. and Levy Industrial Contractors, Inc.
01A01-9711-CV-00638
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Muriel Robinson

Intervenors D. K. Hailey WreckingCompany (Hailey Wrecking) and Levy Industrial Contractors, Inc. (Levy Industrial) appeal an order of the trial court requiring them to pay the attorney fees of Plaintiff Sara Evelyn Evans incurred in a proceeding to enforce a judgment obtained by Ms. Evans against Bobby Hugh Young. For the reasons stated below, we affirm the ruling of the trial court.

Woods vs Walldorf
03A01-9803-CH-00085

R & E Properties vs Jones
03A01-9804-CV-00133

Palmer vs. So. Central Correctional Facility Disciplinary Bd.
M1999-01611-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert L. Holloway
Petitioner, an incarcerated prisoner at South Central Correctional Facility, appeals the dismissal by the trial court of his petition for a writ of certiorari to review a disciplinary decision made by the Correctional Facility Disciplinary Board and approved by the Tennessee Department of Correction ("T.D.O.C."). The defendant filed a Rule 12.02(6), Tenn. R. Civ. P., motion asserting the failure of Petitioner to state a claim for which relief may be granted. The trial court sustained this motion to dismiss. We reverse.

State vs. Connie Wilson
02C01-9706-CC-00217

State vs. Roy Keough
02C01-9708-CR-00317

State vs. Howard Epps
02C01-9710-CR-00410

State vs. Grace Matthews
02C01-9801-CR-00013