State vs. Guillermo Juan
03C01-9708-CR-00318
Trial Court Judge: Rebecca J. Stern

State vs. James Clinton Wolford
03C01-9708-CR-00319
Trial Court Judge: Stephen M. Bevil

State vs. Gilbert Smith
03C01-9708-CC-00360
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Jimmy Noah
03C01-9710-CC-00436

Hamilton v. Life Care Center
03S01-9712-CH-00143
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Earl Henley,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Life Care Center, insists the evidence preponderates against the trial court's finding that the injury to the employee or claimant, Hamilton, is permanent or, alternatively, that the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed. It is undisputed that, on September 15, 1993, the claimant slipped on a wet floor and fell backward, hitting the back of her head on a hard floor, while working for the employer. After a trial, the trial judge awarded permanent partial disability benefits based on forty percent to the body as a whole. The extent of an injured worker's disability is an issue of fact. Jaske v. Murray Ohio Mfg. Co., 75 S.W.2d 15 (Tenn. 1988). Thus, 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. section 5-6-225(e)(2). The claimant was forty-five years old at the time of her injury, with a high school education. She worked for Life Care Center as a nurse's assistant and had a second job as a greeter for Wal-Mart. Her work for Life Care required some heavy lifting and other strenuous work, whereas her work as a greeter for Wal-Mart was not very strenuous. She has never before made a claim for an injury to her head or neck. On the day of the accident, it had been raining heavily. As the claimant entered the building to attend classes for obtaining certification as a nurse's aide, her feet suddenly went out from under her and she fell, striking the back of her head on the tile floor. According to her testimony, accredited by the findings 2

Mcgaha v. U.S. Marine
03S01-9711-CV-00137
Authoring Judge: John S. Mclellan, III
Trial Court Judge: Hon. Ben W. Hooper, Circuit Judge

State vs. Darryl Kennedy
02C01-9708-CR-00318
Trial Court Judge: Carolyn Wade Blackett

State vs. Cedric Dickerson
02C01-9802-CR-00051

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: James F. Russell

State vs. Timothy Wayne Reece
03C01-9803-CR-00098
Trial Court Judge: Arden L. Hill

State vs. Marty Thatcher
03C01-9710-CC-00446
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Robert Gillespie
03C01-9710-CC-00455

Rhea v. Modine
03S01-9710-CV-00124
Authoring Judge: John S. Mclellan, III
Trial Court Judge: Hon. James B. Scott, Jr.

Barbara Jordan vs. Sofamor S.N.C.
02A01-9803-CV-00067
Trial Court Judge: John R. Mccarroll, Jr.

02A01-9804-CV-
02A01-9804-CV-
Trial Court Judge: John R. Mccarroll, Jr.

Bradson Mercantile vs. Joseph Crabtree
02A01-9710-CV-00272

Hooker vs. Thompson
01A01-9709-CH-00533

State vs. Leonard Prater
01C01-9710-CC-00499

State vs. Leonard Prater
01C01-9710-CC-00499

State vs. Paul Dejongh
03C01-9806-CR-00211
Trial Court Judge: Ray L. Jenkins

William Terry Wyatt
03C01-9802-CC-00057
Trial Court Judge: Thomas W. Graham

State vs. Torayo Brown
W2000-00472-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Jon Kerry Blackwood
The defendant, Torayo Olandis Brown, was convicted of possessing with intent to deliver more than .5 grams of cocaine, a class B felony. The trial court imposed a sentence of eight years and nine months, ordering eight months to be served in the local jail and the balance to be served in a community corrections program. In this appeal of right, the defendant contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by allowing the state to impeach him with a prior conviction; and (3) the state improperly argued that he was impeached by the prior conviction. Because of plain error in the trial court's failure to provide a limiting instruction relating to the impeachment evidence, the judgment is reversed and the cause is remanded for a new trial.

Dennis Smith v. Walker-J-Walker, Inc.
02S01-9807-CV-00062
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: Hon. James E. Swearengen

Joleen Creson vs. Tammy Creson
02A01-9801-CH-00002
Trial Court Judge: C. Neal Small

McNairy Co. vs. John Sellers
02A01-9808-CV-00234
Trial Court Judge: Jon Kerry Blackwood