Opinions

State vs. Russell Overby
02C01-9810-CC-00321

Derryberry vs. Derryberry
03A01-9801-CV-00023

Natl. Gas Dist. vs. Sevier Co. Utility
03A01-9902-CH-00077

Pertew vs. Pertew
03A01-9711-CH-00505

Estate of J.P. Walker vs. Dpt.of Revenue
03A01-9808-PB-00250

Bullard vs. Scott
03A01-9809-CH-00310

Day vs. GMAC
03A01-9811-CV-00372

Harvey vs. Ford Motor Credit
03A01-9807-CV-00235

Fair vs. Fulton
03A01-9812-CV-00422

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X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Willette Newsom v. Murray, Inc.
02S01-9811-CH-00110
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. Joe C. Morris,
This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is a carpal tunnel syndrome case. Upon hearing the evidence, the trial court found that plaintiff suffered a 6 percent permanent partial disability to her right arm and a 35 percent permanent partial disability to her left arm. Defendant, Murray, Incorporated, appealed the judgment. The sole issue on appeal is whether the trial court's award is excessive. After careful review of the record, we find that the evidence does not preponderate against the trial court's award. Therefore, the judgment of the trial court is affirmed. At the time of trial, plaintiff, Willette Newsom, was a 5 year old mother of three with a Bachelor of Science degree in business education. However, her previous work experience did not involve the use of her degree but consisted of employment as a file clerk, a restaurant employee, in home health services, and as a nurse's assistant at a nursing home. She began working for Murray in 1993 on the assembly line. She was subsequently transferred to the parts and service department for approximately two and one half years before being put back on the assembly line. Her job duties on the assembly line included repetitious use of her hands while tightening screws into motors with a power gun. After a few months back on the assembly line, she experienced a sharp pain in her right hand, which she reported to her employer. She was sent to Dr. Bingham for treatment and eventually to Dr. Lowell F. Stonecipher when she did not improve. Plaintiff first saw Dr. Stonecipher, an orthopedic surgeon, on October 11, 1996, when Dr. Bingham's conservative treatment of plaintiff's moderately severe carpal tunnel syndrome was ineffective in relieving her symptoms. On November 13, 1996, Dr. Stonecipher performed an endoscopic carpal tunnel release on plaintiff's right hand. On November 26, plaintiff was released to light duty with restrictions on lifting more than twenty pounds. Because she was doing well in January, Dr. Stonecipher released plaintiff to regular duty on January 17, 1997, but advised her against the use of power tools. The 2

Willie Lane Shannon v. Sipco Services & Marine, Inc., et al
02S01-9902-CH-00013
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. C. Creed Mcginley,
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 & Supp. 1998); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.

State vs. Christopher D. Smith
03C01-9807-CR-00270
Trial Court Judge: Ray L. Jenkins

Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032

Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032

Wanda Barker vs. James Barker
02A01-9808-CH-00222
Trial Court Judge: William Michael Maloan

Wiley Hutcherson vs. Rozell Carter
02A01-9807-CH-00216
Trial Court Judge: Wil V. Doran

State vs. Douglas Rains
02C01-9808-CC-00249

State vs. Douglas Rains
02C01-9808-CC-00249

State vs. Charles Smith
02C01-9805-CR-00128

State vs. Delfro Willis
02C01-9810-CC-00336

State vs. Christie Thomas
02C01-9810-CR-00303
Trial Court Judge: Chris B. Craft

02A01-9802-CH-00035
02A01-9802-CH-00035
Trial Court Judge: William M. Maloan

William Hall vs. Don Shaw
02A01-9810-CH-00288
Trial Court Judge: D. J. Alissandratos