Hershel Willard Hill v. Wilson Sporting Goods Co.,
M2001-02820-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Jeffrey F. Stewart, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) (22 Supp.) for hearing and reporting of findings of fact and conclusions of law. The trial court ruled as a matter of law that the employee's request for reconsideration under Tenn. Code Ann. _ 5-6-241(a)(2) (21 Supp.) was barred because (1) his initial award was below the two and one-half times multiplier cap and (2) his employment was not terminated. The employee contends that the trial court erred on both grounds. As discussed below, the panel has concluded that _ 5-6-241(a)(2) requires neither a capping at two and one-half times the initial award nor a termination. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Vacated and Remanded JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and JAMES L. WEATHERFORD, SR. J., joined Russell D. Hedges, Moore & Hedges, Tullahoma, Tennessee, for the appellant, Hershel Willard Hill Edward A. Hadley, Gideon & Wiseman, Nashville, Tennessee, for the appellees, Wilson Sporting Goods Company and Kemper Insurance Company MEMORANDUM OPINION Pursuant to Tenn. Code Ann. _ 5-6-241(a)(2), the employee or claimant, Hershel Hill, initiated this civil action for reconsideration of a previous award of permanent partial disability benefits for injuries suffered in a work-related accident on April 23, 1997. After a hearing, the trial court disallowed reconsideration because (1) the previous award was less than two and one-half times the highest impairment rating and (2) the claimant had not been discharged by the employer. The claimant has appealed. 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. _ 5-6-225(e)(2) (21 Supp.). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Nutt v. Champion Intern. Corp., 98 S.W.2d 365, 367 (Tenn. 1998). Issues of statutory construction are solely questions of law. Bryant v. Genco Stamping & Mfg. Co., 33 S.W.3d 761, 765 (Tenn. 2). Workers' compensation laws must be construed so as to ensure that injured employees are justly and appropriately reimbursed for debilitating injuries suffered in the course of service to the employer. Story v. Legion Ins. Co., 3 S.W.3d 45, 454 (Tenn. 1999). Mr. Hill worked for the employer, Wilson Sporting Goods, for more than thirty years until his retirement in 1999. On April 23, 1997, he had a collision with an electric cart at work. The resulting back injury was initially treated by Dr. Richard A. Bagby and Dr. Robert M. Dimick. Both physicians assigned a zero permanent impairment rating for the claimant's injury. A third physician, Dr. Richard Fishbein, evaluated the claimant and assigned a permanent impairment rating of five percent to the whole person. On May 5, 1997, the claimant returned to his job at Wilson at a wage equal to or greater than his wage before the injury. Accordingly, by Tenn. Code Ann. _ 5-6-241(a), his potential permanent disability award was limited to two and one-half times his medical impairment rating. On October 23, 1998, the trial court awarded benefits based on 7.5 percent permanent partial disability to the body as a whole, or one and one-half times the impairment rating assigned by Dr. Fishbein. In the year that followed, the claimant continued to work at Wilson while suffering from back pain. His last day at work was October 26, 1999, after which he took sick leave. On October 27, 1999, he visited Dr. Paul McCombs, who informed Mr. Hill that surgery was not an option for his back condition. With the assistance of Dr. McCombs, the claimant obtained social security disability benefits. He also retired from Wilson under its disability plan. At the trial of this cause, the claimant testified that the pain in his back worsened in the time following the first hearing, but the nature of the pain did not change. The trial court declined the invitation to reconsider Mr. Hill's claim based on two independent and unrelated grounds. First, the court held that reconsideration was appropriate only where the initial award was capped by the two and one-half multiplier limit. Second, the court held that an employee must be terminated in order to be eligible for reconsideration of the initial award. Thus, the trial court concluded, because the initial award was less than two and one-half times Dr. Fishbein's rating and the claimant had not been terminated, Mr. Hill's application for reconsideration was rejected as a matter of law. According to Tennessee Code Annotated section 5-6-241(a)(1), [f]or injuries arising on or after August 1, 1992, in cases where an injured employee is eligible to receive any permanent partial disability benefits, pursuant to _ 5-6-27(3)(A)(i) and (F), and the -2-

Charles Juricak v. Exclusively Temporary, Inc.,
M2001-03101-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: J. O. Bond, Judge
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. In this appeal, the Second Injury Fund (the fund) questions the competency and sufficiency of a Stipulation of Settlement from another state to permit recovery from the fund. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Criminal Court Affirmed JOE C. LOSER, JR., SP. J., in which ADOLPHO A. BIRCH, JR., J., and WILLIAM H. INMAN, SR. J., joined. Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee, for the appellant, James Farmer, Director, Division of Workers' Compensation, Tennessee Department of Labor and Workforce Development, Second Injury Fund B. Keith Williams, Lebanon, Tennessee, for the appellee, Charles Juricak D. Brett Burrow, Brewer, Krause & Brooks, Nashville, Tennessee, for the appellees, Exclusively Temporary, Inc. and Zurich American Insurance Company MEMORANDUM OPINION The employee or claimant, Mr. Juricak, initiated this civil action against the employer, Exclusively Temporary, Inc., its insurer, Zurich Insurance Company, and the Second Injury Fund to recover workers' compensation benefits for an allegedly work related shoulder injury that occurred on August 2, 2. The complaint further alleged that the injury and resulting disability were superimposed upon a previous injury for which the claimant had received an award under Florida's Workers' Compensation Law. The employer and its insurer, by a cross-claim against the Second Injury Fund, averred that the claimant was totally and permanently disabled as a result of the second injury and that the employer's liability should not exceed 1 percent disability. The Second Injury Fund denied any liability. After a trial, the trial court awarded permanent partial disability benefits, in favor of the claimant and against the Second Injury Fund, based on 95 percent permanent partial disability to the body as a whole. The fund has appealed. For injuries occurring on or after July 1, 1985, 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. _ 5-6-225(e)(2) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

T. v. Swaw v. Trane Unitary Products Commercial, A/K/A
M2001-02793-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: John H. Gassaway, Judge
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. In this appeal, the employer and its insurer question the award of permanent partial disability benefits based on 75 percent to the body as a whole and insist the preponderance of the evidence supports only a lesser award of permanent disability benefits to the left knee. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which ADOLPHO A. BIRCH, JR., J., and WILLIAM H. INMAN, SR. J., joined. Wm. G. McCaskill, Jr., Taylor, Pigue, Marchetti & McCaskill, Nashville, Tennessee, for the appellants, Trane Unitary Products Commercial a/k/a Trane Company, and Travelers Indemnity Company of Illinois Julia Smith, Clarksville, Tennessee, for the appellee, T. V. Swaw MEMORANDUM OPINION The employee or claimant, Mr. Swaw, initiated this civil action to recover workers' compensation benefits for an alleged work-related injury to both legs occurring on September 29, 1997. The employer, Trane, and its insurer, Travelers, admitted liability for the injury to the claimant's left knee, but denied any other liability. Following a trial on February 5, 21, the trial court awarded, among other things, future medical benefits and permanent partial disability benefits based on 75 percent to the body as a whole. The employer and its insurer have appealed. For injuries occurring on or after July 1, 1985, 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. _ 5-6-225(e)(2) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

State of Tennessee v. Darren A. Dewalt
W2001-02778-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James C. Beasley, Jr.

Defendant, Darren A. Dewalt, appeals as of right from the trial court's order revoking his probation and reinstating his original sentence to be served in the Shelby County Correction Center. Defendant contends that the trial court erred by revoking his probation based upon an unidentified and unsubstantiated laboratory report indicating that Defendant had used drugs in violation of his probation. Based upon a review of the entire record, we affirm the judgment of the trial court.

James Robert Crawford v. State of Tennessee
E2002-01535-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Lillie Ann Sells

The defendant, indicted on counts of especially aggravated robbery, conspiracy to commit aggravated robbery, theft over $1,000.00, and evading arrest, entered pleas of guilt to aggravated robbery and theft over $1,000.00. The trial court imposed an effective sentence of ten years. There was no appeal. Later, the defendant filed a petition for post-conviction relief and the trial court granted a delayed appeal. The issues presented for our review are as follows: (1) whether the guilty plea was knowingly and voluntarily entered; (2) whether trial counsel was ineffective by failing to file a direct appeal or by failing to timely file a motion to reduce the sentence; (3) whether the trial court properly modified an illegal sentence; and (4) whether the sentence imposed was excessive. The judgment is affirmed.

Carrie Mildred Mayer Dube v. Michael Norman Dube
E2002-00413-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge Thomas J. Seeley, Jr.

Carrie Mildred Mayer Dube ("Wife") sued Michael Norman Dube ("Husband") for a divorce. Wife is primarily a stay-at-home mother and Husband is an emergency room physician. The Trial Court divided the marital property with 65% of the property going to Wife. The Trial Court awarded Wife permanent alimony of $3,200 per month after finding Wife could not be sufficiently rehabilitated. Child support was set based on Husband's income for 2000, during which time he claims to have worked approximately 90 hours per week. Husband appeals the division of marital property, award of permanent alimony, and amount of child support which was based on his 90 hour work week. We affirm.

Javonni Jones v. State of Tennessee
M2001-01322-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge John H. Gasaway, III

The petitioner, Javonni Jones, appeals the dismissal of his petition for post-conviction relief as being barred by the statute of limitations. We affirm the judgment of the post-conviction court.

James E. Jackson v. State of Tennessee
M2001-02005-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Steve R. Dozier

The petitioner, James E. Jackson, appeals the trial court's denial of his petitions for writ of error coram nobis and post-conviction relief from his conviction for first degree murder. In regard to the petition for writ of error coram nobis, the petitioner claims that newly discovered evidence entitles him to a new trial. In regard to the petition for post-conviction relief, he contends that he received the ineffective assistance of counsel because his trial attorney failed to call certain witnesses to testify and did not investigate and present a diminished capacity defense. We affirm the trial court's denial of the petitions.

State of Tennessee v. Timothy Maurice Reynolds
M2001-00900-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jim T. Hamilton

A Giles County jury convicted the defendant, Timothy Maurice Reynolds, of aggravated robbery, and the trial court sentenced the defendant to twenty years as a Range II multiple offender. On direct appeal, the defendant raises the following issues: (1) whether the evidence was sufficient to support the conviction for aggravated robbery; (2) whether the trial court erred in prohibiting defense counsel, during cross-examination and closing arguments, from referring to the United States Attorney General's comments on eyewitness identification; and (3) whether the trial court erred in finding the defendant to be a Range II multiple offender. We affirm the conviction; however, because essential exhibits relating to sentencing are missing from the record without fault of the parties, we remand for resentencing.

State of Tennessee v. Shirley Mason
M2002-00121-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Lee Russell

The defendant pled guilty to delivery of cocaine under .5 grams. The trial court imposed a Range II eight-year sentence in the Department of Correction. The defendant appeals her sentence, arguing it was excessive and she should have received alternative sentencing. We affirm the judgment of the trial court.

State of Tennessee v. Clark Douglas Lively
M2002-00666-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Allen W. Wallace

The defendant pled guilty to attempted second degree murder, and the trial court imposed a ten-year sentence. He appeals his sentence, arguing he should have received the minimum sentence of eight years with alternative sentencing. We affirm the judgment of the trial court.

State of Tennessee v. Paul Hayes
W2001-02637-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The Appellant, Paul Hayes, appeals his convictions by a Shelby County jury for aggravated burglary and two counts of aggravated robbery. In this appeal as of right, Hayes raises the following issues for our review: (1) whether the trial court erred by prohibiting defense counsel from addressing the jury during entry of the plea; (2) whether the trial court erred by denying Hayes' motion for a mistrial following a detective's testimony that Hayes was a suspect in uncharged similar crimes; (3) whether the trial court committed plain error by limiting the scope of cross-examination of a co-defendant testifying for the State; (4) whether the evidence was sufficient as a matter of law to support the convictions; and (5) whether the cumulative effect of all errors amounted to a denial of due process of law. After a review of the record, we hold that Hayes' issues are without merit and affirm the judgment of the trial court.

State of Tennessee v. Randolph Scott Jennings
E2001-02118-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Douglas A. Meyer

Randolph Scott Jennings appeals from his Hamilton County conviction of aggravated robbery. He was found guilty by a jury of his peers and sentenced by the trial court to a seventeen-year, Range II term in the Department of Correction. In this direct appeal, he alleges error in the trial court's (1) denial of his motion to suppress evidence of a "showup" identification and admission of the subsequent in-court identification of him as the perpetrator of the crime, (2) denial of motions to compel production of clothing the defendant wore at the time of his arrest, or alternatively, to dismiss the charged based upon the state's inability to produce the clothing, and (3) application of enhancement factors, imposition of a Range II sentence, and order of consecutive sentencing. Because we are unpersuaded of error, we affirm.

State of Tennessee v. Mark E. Conner
E2002-00038-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Leon C. Burns, Jr.

The Defendant, Mark E. Conner, was convicted by a jury of attempting to manufacture methamphetamine, a Class D felony. In this appeal as of right, the Defendant argues four issues: (1) whether the evidence was sufficient to sustain his conviction, (2) whether the trial court erred by denying the Defendant's motion to exclude the testimony of witnesses Sherri Conner, the Defendant's wife and former co-defendant, and Gloria Whitehead, the Defendant's mother-in-law, (3) whether the trial court erred by denying the Defendant's motion to require the State to provide the Defendant with any statement, arrest history, and prior convictions of the State's witnesses, and (4) whether the trial court erred by denying the Defendant's motion to exclude the State's photographs and the Defendant's request to introduce at trial the remaining photographs that were provided to the Defendant during discovery. We affirm the judgment of the trial court.

State of Tennessee v. Colin Reed Wells
E2001-02612-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Mary Beth Leibowitz

The defendant, Colin Reed Wells, was convicted by a Knox County Criminal Court jury of carjacking (Class B felony), robbery (Class C felony), aggravated assault (Class C felony), resisting arrest (Class B misdemeanor), violation of driver's license law (Class B misdemeanor), evading arrest (Class A misdemeanor), evading arrest (Class D felony), and assault (Class A misdemeanor). Following his convictions, the trial court merged some convictions and imposed an effective sentence of 32 years as a multiple offender in the Department of Correction. On appeal, he claims his carjacking conviction is infirm because the prosecution failed to disclose exculpatory evidence. Discerning no error, we affirm.

Jeff Gaston v. Rskco and Love's Country Stores, Inc.
W2001-02787-WC-R3-CV
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Trial Court Judge: Joe C. Morris, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _5-6-285 (e)(3) for hearing and reporting to the Supreme Court of findings and fact and conclusions of law. The defendant employer contends the plaintiff employee failed to give proper notice of a back injury and the evidence preponderates against the trial court's award of twelve percent (12%) to the body as a whole. For the reasons stated in this opinion, we affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1998 and Supp. 21) Appeal as of Right; Judgment of the Chancery Court Affirmed W. MICHAEL MALOAN, SP. J., in which JANICE M. HOLDER, J. and JOE C. LOSER, JR., SP. J., joined. B. Duane Willis, Jackson, Tennessee, for appellant, RSKCo and Love's Country Stores, Inc. Gayden Drew IV, Jackson, Tennessee, for appellee, Jeff Gaston MEMORANDUM OPINION The plaintiff, Jeff Gaston (Gaston), was thirty-seven (37) years old at the time of trial. He graduated from high school, obtained a bachelor's degree in organizational leadership and is pursuing a master's degree in business administration. Prior to working for Love's County Stores as a general manager of a Hardee's Restaurant in 1999, Gaston was a manager or food and beverage director for numerous restaurants. On May 27, 2, Gaston was carrying an urn of coffee when he slipped and fell to both knees. He sustained first and second degree burns to his face and received treatment at a local emergency room. Some two to four weeks later, Gaston developed numbness in his left leg. He notified his employer and in July 2 was referred to Dr. David Garey at the Jackson Clinic. On a December 8, 2 visit to Dr. Garey, he reported numbness in his right leg, but denied any back or hip pain. Dr. Garey referred Gaston to Dr. Joseph Rowland, a neurosurgeon at Semmes-Murphey Clinic in Jackson. Gaston saw Dr. Rowland on January 8, 21, with complaints of low back pain and numbness in his right hip and knee. He gave a history of a May 2 fall at work with back pain ever since. An MRI showed mild disc bulging at L4 and L5 but nothing requiring surgery. On his last visit of March 7, 21, Gaston continued to complain of back and right leg pain. Dr. Rowland referred Gaston to Dr. Edward Hockaday for a lumbar epidural steroid injection which was performed on February23, 21. Dr. Hockaday's impressions were "low back pain, right lower extremity pain and right lower extremity numbness secondary to lumbar neuritis with bulging disc at L4-L5 and bulging disc at L5-S1." Dr. Joseph Boals examined Gaston on June 14, 21, for an independent medical evaluation. Dr. Boals found a full range of motion in Gaston's back without spasm and a normal neurological examination. Dr. Boals diagnosed an acute lumbar strain and possible rupture at L5-S1 caused by Gaston's fall at work. Dr. Boals assigned a five percent (5%) permanent physical impairment to the body as a whole based on the AMA Guidelines and advised against prolonged walking, standing, stooping, squatting, climbing and repetitive flexion or extensive rotation of his back. Gaston testified he began having back pain in October 2 and he currently has almost constant pain in his back and numbness in his right leg. He lost his job with Love's County Stores due to reasons unrelated to his injury and he currently works for DET Distributing setting up advertising and delivering approximately two hundred (2) cases of beer a day. He is required to lift, bend, stoop, twist, squat and climb. After the October 2, 21 trial, the Chancellor awarded twelve percent (12%) permanent partial disability to the body as a whole. The employer has appealed and raised two issues: the lack of notice of a back injury and the amount of the award. ANALYSIS The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference must be accorded the trial court's factual findings. Humphrey v David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). However, -2-

Michael Lloyd Todd v. Bekaert Steel Wire Corporation,
W2001-03004-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr,. Sp. J.
Trial Court Judge: J. Steven Stafford, Chancellor
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. In this appeal, the employer insists the award of benefits based on 36 percent to the left arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR,. SP. J., in which JANICE M. HOLDER, J., and JOE H. WALKER, III, SP. J., joined. Paul C. Peel, Memphis, Tennessee, for the appellants, Bekaert Steel Wire Corporation and Liberty Mutual Insurance Company Jeffrey A. Garrety and Joseph R. Taggart, Jackson, Tennessee, for the appellee, Michael Lloyd Todd MEMORANDUM OPINION The employee or claimant, Todd, initiated this civil action to recover workers' compensation benefits for an alleged work related injury to his left arm and elbow. When mediation failed to resolve the disagreement between the parties as to the extent of the claimant's permanent disability, a trial was held on October 22, 21. After weighing and evaluating disputed medical evidence, the trial court awarded permanent partial disability benefits based on 36 percent to the arm. The employer, Bekaert Steel Wire Corporation, and its insurer have appealed. 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. _ 5-6-225(e)(2) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

State of Tennesse v. Ann Marie Thornton Kelly
M2001-01054-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert L. Jones

The appellant, Ann Marie Thornton Kelly, was indicted by the Giles County Grand Jury on twenty counts relating to incidents involving the sexual abuse of her children. She was ultimately convicted of two counts of rape of a child, three counts of criminal responsibility for rape of a child, one count of aggravated sexual battery, one count of criminal responsibility for aggravated sexual battery, and one count of incest. The trial court imposed a total effective sentence of sixty-two years incarceration in the Tennessee Department of Correction. On appeal, the State concedes that the appellant was not competent to stand trial. Upon review of the record and the parties' briefs, we reverse the judgments of the trial court.

Sally Qualls Mercer, et al., v. Vanderbilt University, Inc., et al.
M2000-00801-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Carol L. Soloman

This appeal involves a medical malpractice case arising out of the emergency treatment of an intoxicated driver who sustained catastrophic injuries in a single-vehicle accident. The driver's conservator filed suit in the Circuit Court for Davidson County alleging that the negligence of the driver's healthcare providers at Vanderbilt University Medical Center caused him to suffer irreversible brain injury that left him in a persistent vegetative state. A jury returned a verdict for the driver, assessing his damages at $7,366,000 and allocating seventy percent of the fault to Vanderbilt and thirty percent of the fault to the driver. Thereafter, the trial court determined as a matter of law that the driver's damages had been caused by a separate injury for which Vanderbilt was entirely responsible. Accordingly, the trial court set aside the jury's allocation of fault and entered a judgment holding Vanderbilt one hundred percent at fault for the entire amount of the driver's damages. We have determined that the judgment must be vacated and that Vanderbilt is entitled to a new trial because of the cumulative effect of the trial court's errors in excluding the testimony of three of Vanderbilt's witnesses as well as evidence of the driver's alcohol-related conduct.

Susan Godfrey v. Jesus Ruiz
M2000-00101-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Barbara N. Haynes

This case arises out of an action by the plaintiffs to recover damages for personal injuries sustained in an automobile accident. The plaintiffs claim their injuries were caused by the negligent operation of a van owned by the defendants and driven by a cousin of one of the defendants. In support of their motion for summary judgment, the defendants offered affidavits and deposition testimony stating that the driver was operating the van without their permission and that the driver was not their employee. Despite the prima facie evidence of an owner-driver agency relationship created by Tennessee Code Annotated section 55-10-311(a) (1998), the trial court granted the motion for summary judgment. The Court of Appeals affirmed the trial court's ruling. We hold that an owner's offer of testimony negating the issue of agency, standing alone, cannot overcome the prima facie evidence created by Tennessee Code Annotated section 55-10-311(a).

Daniel Paul Spatafore v. Catherine Juanelle Spatafore
E2001-02459-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge John B. Hagler, Jr.

In this action, the Trial Court awarded custody of the parties' minor child to the father, and the mother has appealed.

Randy Caldwell & Stevie W. Caldwell v. State of Tennessee
M2001-00334-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Charles D. Haston, Sr.

The petitioners, brothers, were tried and convicted, jointly, of first degree murder, aggravated arson, and conspiracy to commit arson against personal property. They filed petitions for post-conviction relief, which the post-conviction court denied. After careful review, we affirm the decision of the post-conviction court.

Jerry Wayne Matlock v. Ltv Steel, Inc. and Insurance
W2001-02512-SC-WCM-CV
Authoring Judge: Hamilton V. Gayden, Jr., Sp. J.
Trial Court Judge: Hon. C. Creed Mcginley, Judge
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 a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer questions the trial court's finding of permanent partial disability for injury to the back, neck and hand. The employer also questions the award of benefits to claimant's right hand for carpel tunnel syndrome, due to the lack of notice of the injury to employer. As discussed below, the panel has concluded the evidence supports the findings of the trial court.

Anthony Hodges v. State of Tennessee
M2001-03068-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Defendant, Anthony Hodges, was convicted by a jury of first degree felony murder and aggravated child abuse. He was sentenced to concurrent sentences of life without parole and twenty-five years, respectively, to be served in the Department of Correction. The Defendant's convictions and sentences were affirmed on direct appeal. See State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998). The Defendant subsequently petitioned for post-conviction relief, which the trial court denied. The Defendant now appeals, alleging that he received ineffective assistance of counsel at trial and that his due process rights were violated by the trial court's failure to instruct the jury on second degree murder; by the State's employment of inconsistent theories of guilt at his and his co-defendant's separate trials; and by the denial of his right to testify. We affirm the judgment of the trial court.

Barry C. Melton v. State of Tennessee
E2001-02689-CCA-MR3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Rex Henry Ogle

The petitioner appeals the denial of post-conviction relief, arguing: (1) his "best interest" plea was not entered voluntarily and intelligently; and (2) trial counsel was ineffective in representing him at sentencing. We affirm the judgment of the post-conviction court.