Walter Austein v. Riverwood Int. USA, Inc.
02S01-9704-CH-00037
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. D. J. Alissandratos
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The sole issue on appeal is whether the one-year statute of limitations under T.C.A. _50-6-203 ran prior to the filing of the lawsuit. This marks the second appearance of this case before this panel. In Austein v. Riverwood International USA, Inc., No. 02S01-9507-CH-00059 (Tenn. Work. Comp. App., February 23, 1996), this panel found that the trial court erred in granting summary judgment on the statute of limitations issue because issues of material fact existed concerning both the date the statute of limitations began to run and the estoppel issue. The case was remanded to the trial court for trial on the merits. Plaintiff again appeals the trial court's finding that the statute of limitations ran before he filed this action.

Shelby Workers Compensation Panel

George Randall Bailey v. U.S.F.&G. & Institutional Distributors
02S01-9704-CV-00025
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. William B. Acree, Jr.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial judge found the plaintiff to be 15 percent permanently partially disabled on account of "emotional or behavioral symptoms." The plaintiff appeals, insisting that the preponderance of the evidence requires a greater award. We disagree, and accordingly affirm the judgment. On March 4, 1996, the plaintiff was injured when struck on the head by falling cartons of pizza dough. A CAT scan revealed no cranial pathology, but owing to his continuing complaints, the plaintiff was extensively treated and examined by Dr. R. A. Tyrer, Dr. Robert Greene, Jr., and Dr. Glenn Barnett, II, neurosurgeons; Dr. Robert Pusakulich, a clinical psychologist; and other experts. The neurologists administered various tests, including an MRI of the brain, MRI of the lumbar spine, MRI of the cervical spine, and an MRI of the head. A host of x-rays, a bone scan and a spinal tap completed the diagnostic testing. These experts found no disability. Dr. Pusakulich believed that the plaintiff was suffering from a "great deal of financial overlay;" so did Dr. Barnett. Dr. Pusakulich also believed the plaintiff demonstrated a remarkable psychogenic overlay, as evidenced by his complaint of double vision that "he saw double with both eyes open and one eye closed," a neuroanatomical impossibility. The plaintiff was referred to Dr. Tewfik E. Rizk, of the St. Joseph Hospital Rehabilitation Center, by his attorney. On his initial examination, Dr. Rizk testified that the plaintiff had a slow, slurred speech, memory loss, and was limping on the left side. His diagnosis was post-traumatic closed-head injury syndrome with left-side hemiparesis. He disagreed with the conclusions 2

Weakley Workers Compensation Panel

Danny Mitchell v. Aetna Life & Casualty Ins. Co., et al
02S01-9706-CV-00053
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. Julian P. Guinn, Judge

Henry Workers Compensation Panel

State vs. Johnny Tillery
01C01-9506-CC-00182
Trial Court Judge: James L. Weatherford

Giles Court of Criminal Appeals

State vs. Johnny Tillery
01C01-9506-CC-00182
Trial Court Judge: James L. Weatherford

Giles Court of Criminal Appeals

State vs. James Hayes
02C01-9610-CC-00326

Lake Court of Criminal Appeals

State vs. James Hayes
02C01-9610-CC-00326

Lake Court of Criminal Appeals

State vs. Alvin Walker
02C01-9705-CR-00189

Shelby Court of Criminal Appeals

State vs. Charles Loveless
02C01-9706-CC-00219
Trial Court Judge: R. Lee Moore Jr.

Lake Court of Criminal Appeals

02C01-9708-CR-00328
02C01-9708-CR-00328
Trial Court Judge: Julian P. Guinn

Decatur Court of Criminal Appeals

Robert Utley v. Robert Orr-Sysco
M2000-02904-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Barbara N. Haynes
This is a premises liability case. The plaintiff was shopping in a store owned by the defendant when the plaintiff slipped and fell on a clear liquid substance and sustained personal injuries. The plaintiff shopper sued the defendant store owner on a theory of premises liability. The trial court granted summary judgment in favor of the defendant. The plaintiff now appeals. We affirm, finding that the plaintiff submitted insufficient evidence to create a genuine issue of material fact regarding whether the store had actual or constructive notice of the dangerous condition prior to the plaintiff's fall.

Davidson Court of Appeals

State vs. Smith
03C01-9706-CR-00201
Trial Court Judge: Gary D. Gerbitz

Hamilton Court of Criminal Appeals

State vs. Huff
03C01-9605-CR-00201
Trial Court Judge: Douglas A. Meyer

Hamilton Court of Criminal Appeals

State vs. Green
03C01-9610-CR-00379
Trial Court Judge: Stephen M. Bevil

Hamilton Court of Criminal Appeals

Betty A. Primm v. Kantus Corp., et al.
01S01-9705-CV-00120
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Lee Russell
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Appellate review requires that we presume that the judgment of the trial court is correct. RULE 13(d), T. R. A. P. We indulge no other presumptions, but look to see where the preponderance of the evidence lies.

Marshall Workers Compensation Panel

Waters vs. Layne
01A01-9708-CV-00402
Trial Court Judge: Buddy D. Perry

Marion Court of Appeals

Moody vs.Dist. Public Defenders Conference
01A01-9707-CH-00311
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Moody vs.Dist. Public Defenders Conference
01A01-9707-CH-00311

Davidson Court of Appeals

Beck vs. Beck, Jr.
01A01-9710-CV-00547
Trial Court Judge: Thomas Goodall

Court of Appeals

02C01-9612-CR-00457Cecil
02C01-9612-CR-00457Cecil
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

State vs. Bevelyn Bailey
02C01-9705-CC-00185

Hardeman Court of Criminal Appeals

State vs. Roger Hostetler
02C01-9707-CC-00294
Trial Court Judge: J. Curwood Witt

Lauderdale Court of Criminal Appeals

02C01-9606-CR-00199
02C01-9606-CR-00199
Trial Court Judge: C. Creed Mcginley

Henry Court of Criminal Appeals

Lucas vs. Lucas
03A01-9707-CV-00298

Court of Appeals

Peele vs. Earl
03A01-9707-CV-00244

Court of Appeals