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Mark S. Miller vs. State 03C01-9803-CR-00108	Knox	Court of Criminal Appeals	05/27/99
Cox v. Hartford Accident 03S01-9706-CH-00063 Authoring Judge: John K. Byers, Senior Judge Trial Court Judge: Hon. Billy Joe White, 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. After conducting two separate hearings on this case, the trial court found that the plaintiff was totally and permanently disabled. The trial court further held that the insurance carrier would be liable for 75 percent of the plaintiff's disability and the Second Injury Fund would be liable for 25 percent of the plaintiff's disability. The Second Injury Fund presents the following issues for our review: I. Whether obesity is a compensable preexisting permanent physical disability to warrant recovery from the Second Injury Fund under Tenn. Code Ann. _ 5-6-28(a). II. Whether the trial [court] erred in holding the Fund liable for 25% of the award. We reverse the judgment of the trial court holding the Second Injury Fund liable and dismiss the Second Injury Fund from this case. BACKGROUND ON THE FIRST HEARING At the time of the first hearing on June 14, 1994, the plaintiff was 33 years of age, stood over six feet tall, and weighed close to 4 pounds. He testified that most of his family is overweight and that he has always been a large person. The plaintiff's wife testified that her husband has lost some weight in the past but that he has always been heavy. After graduating from high school, the plaintiff's employment history included working as a small engine repairman, heavy equipment operator, carpenter, factory worker, meat processor, sewing machine operator, and tire builder. The plaintiff eventually returned to school and obtained an associate's degree in accounting from Draughon's College. Draughon's College placed the plaintiff with Monday Realty, where he worked over four years as a bookkeeper three days a week and as a maintenance worker two days a week. When the plaintiff was hired by Monday Realty, he weighed approximately 31 pounds. He testified that he had some normal limitations due to his weight and that his employer made accommodations for him in that respect. For example, the plaintiff did not have to do any roofing work or crawl under houses. 2	Knox	Workers Compensation Panel	05/26/99
STS/BAC Joint Venture v. The City of Mt. Juliet M2003-00171-COA-R3-CV Authoring Judge: Presiding Judge Patricia J. Cottrell Trial Court Judge: Charles K. Smith The developer of a planned Wilson County subdivision sought damages for a temporary taking, claiming that the City of Mt. Juliet interfered with the completion of the project by arbitrarily refusing to grant necessary permits. The trial court granted summary judgment to Mt. Juliet, in part on the ground that the statute of limitations had passed on the developer's claim for relief. We affirm.	Wilson	Court of Appeals	05/26/99
State vs. Ronnie Garner 01C01-9806-CC-00258	Franklin	Court of Criminal Appeals	05/26/99
State vs. Billy Brown 02C01-9805-CR-00157	Shelby	Court of Criminal Appeals	05/26/99
Amy Decker vs. Carroll Academy 02A01-9709-CV-00242 Trial Court Judge: Julian P. Guinn	Carroll	Court of Appeals	05/26/99
State vs. Lewis L. Bell a/k/a Lewis Coleman a/k/a Lewis Ingram 01C01-9807-CR-00279	Davidson	Court of Criminal Appeals	05/26/99
Tabor vs. Eakin 03A01-9902-CV-00043	Knox	Court of Appeals	05/26/99
Hennigan vs. Hennigan 01A01-9807-CH-00380 Trial Court Judge: Tyrus H. Cobb	Bedford	Court of Appeals	05/26/99
In the Matter of: M.C.G. 01A01-9809-JV-00461 Trial Court Judge: Andrew J. Shookhoff	Davidson	Court of Appeals	05/26/99
James Harold Register vs. State 01C01-9605-CC-00199	Bedford	Court of Criminal Appeals	05/26/99
James E. Kenner vs. State 01C01-9709-CR-00424 Trial Court Judge: J. Randall Wyatt, Jr.	Davidson	Court of Criminal Appeals	05/26/99
C&C Aluminum Builders Supply vs. Rynd 01A01-9804-CH-00225 Trial Court Judge: John W. Rollins	Coffee	Court of Appeals	05/26/99
Lessley vs. Shope 01A01-9805-CV-00233 Trial Court Judge: Carol A. Catalano	Robertson	Court of Appeals	05/26/99
State vs. David Gribble 03C01-9810-CC-00350	Blount	Court of Criminal Appeals	05/26/99
Charles Bobo vs. State 03C01-9802-CR-00064 Trial Court Judge: R. Jerry Beck	Washington	Court of Criminal Appeals	05/26/99
State vs. Freddie Pollard 02C01-9802-CR-00042 Trial Court Judge: John P. Colton, Jr.	Shelby	Court of Criminal Appeals	05/25/99
State vs. Eugene Kerrent 02C01-9809-CC-00288	Madison	Court of Criminal Appeals	05/25/99
State vs. Gary Sanders 02C01-9902-CC-00045	Lauderdale	Court of Criminal Appeals	05/25/99
Forklift Systems vs. Werner Enterprises 01A01-9804-CH-00220 Trial Court Judge: Carol L. Mccoy	Davidson	Court of Appeals	05/25/99
Damron vs. Media General et al 01A01-9805-CV-00251 Trial Court Judge: Lee Russell	Lincoln	Court of Appeals	05/25/99
Mason et al vs. Metro Development 01A01-9806-CH-00283 Trial Court Judge: Carol L. Mccoy	Davidson	Court of Appeals	05/25/99
Davis vs. Inman, et al 01A01-9706-CH-00254 Trial Court Judge: Jim T. Hamilton	Lawrence	Court of Appeals	05/25/99
Lautenbach vs. Lautenbach 01A01-9710-CH-00595 Trial Court Judge: Leonard W. Martin	Cheatham	Court of Appeals	05/25/99
State vs. Holly Ralston 03C01-9803-CR-00099	Anderson	Court of Criminal Appeals	05/25/99