Horton vs. Parole Eligibility Review Bd. M1999-02617-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ellen Hobbs Lyle
An inmate in custody of the Department of Correction filed a petition for a common law Writ of Certiorari alleging that the Board of Paroles acted arbitrarily and illegally in denying him parole. The trial court entered a motion to dismiss for failure to state a claim upon which relief can be granted. This appeal followed and we affirm the trial court.
Crowe vs. Crowe M1999-01889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clara W. Byrd
Smith
Court of Appeals
Mario Haywood vs. Dept. of Corrections, et al M1999-02282-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Carol L. Mccoy
The plaintiff prison inmate filed pro se petition for declaratory judgment and/or a writ of certiorari seeking review of prison disciplinary board's finding of guilt and the punishment relating to a prison incident. The trial court dismissed the petition for lack of jurisdiction, finding that declaratory judgment was not available for a review of prison disciplinary proceedings and that the petition for a writ of certiorari was untimely filed. The trial court also denied the plaintiff's subsequent petition to rehear. The plaintiff appeals from the dismissal of his original petition and the denial of his petition to rehear. We affirm
John Layton vs. Penny Layton W1999-02274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Shelby
Court of Appeals
State vs. Gerald Cathey W1999-00660-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Chris B. Craft
Shelby
Court of Criminal Appeals
State vs. West E1997-00166-SC-R11-PD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: John K. Byers
Union
Supreme Court
Stacy's Carpet Steam Cleaning Co. vs. David McNeely, et al E1999-01880-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien.
Carter
Court of Appeals
State vs. Robert Jarnagin E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James E. Beckner
Hamblen
Court of Criminal Appeals
State vs. Robert Jarnagin E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James E. Beckner
Sarah Wilkerson vs. Robert Wilkerson W1999-01684-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: James E. Swearengen
Shelby
Court of Appeals
Mirage Casino vs. J. Roger Pearsall W1999-01543-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio
Shelby
Court of Appeals
State vs. Barbara Powell W1999-01825-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Dick Jerman, Jr.
Gibson
Court of Criminal Appeals
Judy F. Barnett v. Nn Ball & Roller, Inc. and Wasau Insurance Companies 03S01-9811-CH-00133
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Thomas J. Seeley, Jr.,
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. The appeal has been perfected by the employee, Judy F. Barnett, from the action of the trial court in awarding her 65% permanent partial disability to the body as a whole. On appeal the employee insists the award of disability is not sufficient and that her disability should be fixed at 1%. Mrs. Barnett was 43 years of age and is a high school graduate. She had taken a drafting course but never used it. She said she had also taken a basic computer concepts course and a typing course. Her prior work experience was in a sewing factory and a grocery store. She began work for defendant, NN Ball & Roller, Inc., in 1984 and at the time in question, she was employed as an inspector of steel bearings. In 199-91 she testified she had an allergy reaction after being out in the sun (not work- related) for some period of time and it had been diagnosed as photodermatitis. The inspector position required her to examine steel bearings on an assembly line passing in front of her. She said that prior to this inspection, the production process involved cleaning the bearings with kerosene in order to cut off grease and that after a ball wash, the bearings were dipped in pack oil. She said that as the process operated there was a strong odor which settled in her hair and clothing. She testified she began having problems in 1993 and that it continued throughout her employment. Her problems were shortness of breath, swollen eyes, sores in her nose, ears peeling, earaches, upset stomach and headaches. She worked until June 2, 1997 and stopped working on her doctor's advise. During the course of her employment, the employer attempted to accommodate her medical problems by improving the ventilation, changing her job and other efforts which did not greatly improve her condition and she was eventually terminated on January 8, 1998 because the company could not comply with her medical restrictions. Causation of injury is not an issue. Material Safety Data Sheets were introduced into evidence. The manufacturer of the pack oil warned it could cause 2
Knox
Workers Compensation Panel
City of Brentwood v.Metro Zoning Appeals M2002-00514-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves the efforts of the City of Brentwood to stop the construction of a billboard located in Davidson County. After Nashville's zoning administrator granted a building permit for the billboard, the City of Brentwood appealed to the Metropolitan Board of Zoning Appeals. When the Board affirmed the building permit, the City of Brentwood and four neighboring property owners filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board's decision. The trial court granted the motions to dismiss filed by the Board and the owner of the billboard on the ground that the City of Brentwood and the individual property owners lacked standing. We have determined that the trial court erred by determining that the City of Brentwood and its public officials lacked standing to seek judicial review of the Board's decision.
