Cha Yang v. Nissan North America, Inc. et al.
The employee suffered bilateral shoulder injuries in January and March of 2008. After undergoing separate surgeries on each shoulder, the employee agreed to a voluntary buyout of his employment. Later, he filed suit for workers’ compensation benefits. The trial court awarded temporary total disability benefits and assessed a 90% permanent partial disability award after determining that the employee’s permanent partial disability benefits were not capped at one and one-half times the impairment rating. The employer appealed and, pursuant to Tennessee Supreme Court Rule 51, the case was referred to a Special Workers’ Compensation Appeals Panel. The Panel ruled that the employee’s benefits should have been capped at one and one-half times his impairment rating and reduced the award of permanent partial disability benefits to 37.5%. We granted the employee’s motion for full Court review and have determined that because the employee acted reasonably by accepting the voluntary buyout for reasons related to his work injuries, the award for permanent partial disability is not subject to the one-and-one-half-times cap. The judgment of the Panel is, therefore, modified to the extent that the trial court’s award for permanent partial disability benefits is reinstated, but otherwise affirmed. |
Rutherford | Supreme Court | |
Michael Brandon Adams v. Eric Qualls, Warden
The Appellant, Michael Brandon Adams, appeals the trial court’s summary dismissal of his petition for habeas corpus relief. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Marchelle Buman, Executor of the Estate of Kenneth Jenkins v. Alycia D. Gibson, P.A., Thomas Paul Evans, M.D., Andrew H. Lundberg, M.D., and Paris Surgical Specialists, PLLC
This is a health care liability action involving a physician’s duties when supervising a physician’s assistant. The plaintiff alleged the supervising physician negligently supervised a physician’s assistant which resulted in the eventual amputation of the plaintiff’s leg. The physician moved for summary judgment, contending that he complied with all statutory duties. The plaintiff responded to this motion and simultaneously moved to amend her complaint to allege that the physician was vicariously liable for the negligent actions of the physician’s assistant. The trial court denied the plaintiff’s request to amend her complaint and granted the physician’s motion for summary judgment. Discerning no error, we affirm. |
Henry | Court of Appeals | |
In Re: Christian G.
Father appeals the Juvenile Court’s ruling with regard to custody of his minor child. Because the court did not comply with Rule 52.01 of the Tennessee Rules of Civil Procedure, we vacate its judgment and remand the matter for entry of an order with appropriate findings of fact and conclusions of law. |
Shelby | Court of Appeals | |
In Re: Christian G.
Father appeals the Juvenile Court’s ruling with regard to custody of his minor child. Because the court did not comply with Rule 52.01 of the Tennessee Rules of Civil Procedure, we vacate its judgment and remand the matter for entry of an order with appropriate findings of fact and conclusions of law. |
Shelby | Court of Appeals | |
Eric Holmes v. Shelby County Sheriff's Office, et al.
The order appealed is not a final judgment and therefore, we dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
State of Tennessee v. Keyonna Nicole Wooten
The appellant, Keyonna Nicole Wooten, pled guilty in the Lincoln County Circuit Court to one count of selling one-half gram or more of a Schedule II controlled substance and one count of delivering one-half gram or more of a Schedule II controlled substance. After a sentencing hearing, the trial court merged the latter conviction into the former and sentenced the appellant as a Range I, standard offender to nine years, six months in confinement. On appeal, the appellant contends that her sentence is excessive and that the trial court erred by denying her request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Darryl Alan Walker
Darryl Alan Walker (“the Defendant”) was convicted by a jury of driving under the influence (“DUI”) and unlawfully carrying another person on a motorcycle. Following a sentencing hearing, the Defendant received a total effective sentence of eleven months and twenty-nine days, suspended to supervised probation after the service of sixty days. In this direct appeal, the Defendant asserts that the trial court erred in denying his motion to suppress the results of a warrantless mandatory blood alcohol test, arguing that the mandatory blood withdrawal provision of the implied consent statute is unconstitutional and that the term “injury” within that provision is unconstitutionally vague. The Defendant also asserts that the trial court erred in denying his motion to suppress certain statements he made to police. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Greene | Court of Criminal Appeals | |
John M. Reitz v. Trinet HR Corporation et al.
In this case, the employee alleged tha he sustained a compensable aggravation of preexisting arthritis in his knee as a result of a fall at work. His employer denied that he had a permanent disability as a result of the event. The trial court awarded benefits, and the employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment. |
Wilson | Workers Compensation Panel | |
Rhonda Kyle v. Volunteer Home Care of West Tennessee, Inc.
An employee sustained a work-related injury to her back while working as a nursing assistant for her employer. The employee received medical care, returned to work, but experienced pain in performing her job. Two years later, the employee resigned, citing back pain related to her work. After an unsuccessful Benefit Review Conference, the employee filed an action for workers’ compensation benefits. The trial court determined that the employee did not make a meaningful return to work following her injury and awarded permanent partial disability benefits in excess of one and one-half times the employee’s anatomical impairment rating. The employer appealed, arguing that the trial court erred by concluding that the employee did not make a meaningful return to work. After a thorough review of the record, we affirm the judgment of the trial court. |
McNairy | Workers Compensation Panel | |
Anil Construction, Inc. v. Patrick D. McCollum, Individually and d/b/a Pat's Custom Cabinets
This appeal involves an alleged breach of a construction contract. The plaintiff general contractor hired the defendant subcontractor to build cabinetry for a new movie theater. The work was to be completed by the time the movie theater opened. At the time of the opening, some items regarding the cabinets remained undone, and the contractor refused to pay until the work was completed. The general contractor filed this lawsuit for breach of contract for failure to complete the project in a timely manner and for defective work, and the defendant subcontractor filed a counterclaim for breach of contract for failure to pay under the contract. The trial court held in favor of the subcontractor and awarded damages. The general contractor now appeals. We vacate the trial court’s judgment and remand the matter for findings of fact and conclusions of law as required under Tennessee Rule of Civil Procedure 52.01. |
Madison | Court of Appeals | |
Mark Alan Deakins v. State of Tennessee
The petitioner, Mark Alan Deakins, filed a petition for a writ of habeas corpus, asserting that he had “flattened” his sentences for his convictions of especially aggravated sexual exploitation of a minor, sexual exploitation of a minor, and statutory rape. He alleged that the Tennessee Department of Correction improperly calculated his pretrial jail credits and sentencing credits. The habeas corpus court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. June Loudermilk
June Loudermilk (“the Defendant”) was convicted by a jury of driving under the influence (“DUI”), fourth offense. After a hearing, the trial court sentenced the Defendant to two years in the workhouse, suspended to supervised probation after seven months in confinement. In this direct appeal, the Defendant attacks the validity of his indictment and also contends that the trial court’s jury charge was so defective as to entitle him to a reversal of the jury’s determination that he was a multiple DUI offender. Upon our thorough review of the record and applicable law, we modify the trial court’s judgment of conviction and remand this matter for resentencing. |
Shelby | Court of Criminal Appeals | |
Tennison Brothers, Inc. v. William H. Thomas, Jr.
After a default judgment was entered against Appellee and in favor of Appellants on claims of intentional interference with business relationships, common law and statutory inducement to breach a contract and intentional interference with a contract, and breach of contract, a writ of inquiry hearing was held to determine the appropriate amount of damages to which the Appellants were entitled. Therein, the trial court went outside the pleadings to consider the issue of liability. We conclude that the trial court erred in considering the issue of liability because the well-pled facts contained in the Appellants’ respective complaints were dispositive on that question upon the grant of default judgment. Our review of the complaints leads us to conclude that the Appellants have set forth sufficient facts to prove the prima facie elements of their causes of action. Accordingly, Appellants are entitled to damages, and the trial court erred in denying them. Therefore, we reverse the trial court’s order, and remand for a determination of damages. Reversed and remanded. |
Shelby | Court of Appeals | |
State of Tennessee v. Elmer Herbert Simpson
The defendant, Elmer Herbert Simpson, appeals his Hawkins County Criminal Court jury convictions of possession of a Schedule III drug with intent to deliver, see T.C.A. § 39-17- 417(a)(4), (d)(1), and maintaining a dwelling where controlled substances are kept or sold, see id. § 53-11-401(a)(5), both Class D felonies. On appeal, the defendant challenges the sufficiency of the convicting evidence and the propriety of his effective three-year sentence. We affirm the judgments of the trial court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Michael Kent Walker
Pursuant to a plea agreement, the Defendant, Michael Kent Walker, pleaded guilty to selling Schedule I and Schedule II controlled substances in a drug-free zone. The plea agreement provided that the Defendant would receive concurrent Range I sentences for one Class B felony and one Class C felony, with the trial court to determine his sentences. Following a sentencing hearing, the trial court sentenced the Defendant to serve an effective sentence of twelve years of incarceration. The Defendant asserts that the trial court abused its discretion in ordering an effective twelve-year sentence. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Leslie Warren Blevins
The Fentress County Grand Jury indicted Appellant, Leslie Warren Blevins, with three counts of aggravated assault. After a jury trial, Appellant was convicted of one count of aggravated assault and two counts of assault. As a result, he was sentenced to an effective sentence of five years in confinement. Appellant appeals, challenging both the sufficiency of the evidence and his sentence. After a review of the record and the applicable authorities, we determine that the evidence was sufficient to support the conviction and that the trial court did not abuse its discretion in sentencing Appellant. Accordingly, the judgments of the trial court are affirmed. |
Fentress | Court of Criminal Appeals | |
In Re Lauren S.
Father petitioned the trial court to, inter alia, modify the residential parenting schedule set forth in the permanent parenting plan. By a preponderance of the evidence, the trial court found that there was no material change in circumstances that would justify a change in the residential parenting schedule and, accordingly, dismissed Father’s petition. We reverse and remand. |
Dyer | Court of Appeals | |
Ricardo Torres v. Precision Industries, P.I., d/b/a Precision Industries, Terry Hedrick and Vicki Hedrick
This appeal involves whether an unauthorized alien has standing to bring a retaliatory discharge claim. The appellant employee, an undocumented worker, alleged that the appellee employer terminated his employment as a direct result of the employee asserting a workers’ compensation claim. The employer moved for summary judgment, arguing that the employee could not bring a claim for retaliatory discharge because he was not legally authorized to work in Tennessee or capable of performing the job from which he was fired. The trial court granted summary judgment based solely on the illegal status of the employee, concluding he was incapable of employment, and therefore, could not assert a claim for retaliatory discharge. We reverse, holding that the undocumented employee does have standing to bring a retaliatory discharge claim and remand for further proceedings. |
Hardeman | Court of Appeals | |
Mike Settle a/k/a Michael Dewayne Settle v. Jerry Lester, Warden, State of Tennessee
The Petitioner, Mike Settle a/k/a Michael Dewayne Settle, appeals the Lauderdale County Circuit Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that, because his sentence is illegal because it was ordered to run concurrently with a federal sentence he had received in another case rather than consecutively, the habeas corpus court erred when it dismissed his petition. Upon a review of the record in this case, we are persuaded that the habeas corpus court properly dismissed the petition. Accordingly, the judgment of the habeas corpus court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
Anthony Boyland v. State of Tennessee
The Petitioner, Anthony Boyland, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for first degree felony murder, aggravated assault, and aggravated burglary and his effective life sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travis Wilson
A Sullivan County Criminal Court Jury convicted the appellant, Travis Wilson, of driving under the influence (DUI), second offense; unlawful carrying or possession of a weapon; possession of drug paraphernalia; and possession of a handgun while under the influence. After a sentencing hearing, the trial court sentenced the appellant to eleven months and twenty-nine days for each conviction, with release eligibility after service of seventy-five percent of the sentences. The trial court ordered that the appellant serve the DUI sentence in confinement and the remaining sentences on probation. The court further ordered that the sentences for possession of drug paraphernalia and DUI, second offense, be served concurrently with each other but consecutively to the remainder of the sentences. On appeal, the appellant contends that the trial court erred by allowing two Tennessee Bureau of Investigation (TBI) agents to testify as experts about the effects of drugs on human performance; that the trial court erred by failing to exclude his blood test results; that the trial court erred by failing to require the State to refer to “bath salts” by their chemical name; that the evidence is insufficient to support the convictions; and that the trial court erred in sentencing. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Timothy W. Hudson v. Delilah M. Grunloh, et al.
This appeal is from a Final Default Judgment entered against the Defendant, Northridge Package Store, LLC (“Northridge”). In the order granting judgment against Northridge, the trial court also accepted the voluntary dismissal without prejudice of all claims filed by the Plaintiff, Timothy W. Hudson (“Hudson”), against the Defendant, Delilah M. Grunloh (“Grunloh”). Because only Grunloh has appealed from the judgment and the judgment is not adverse to her, we grant Hudson’s motion to dismiss this case for lack of jurisdiction. |
Washington | Court of Appeals | |
State of Tennessee v. Tony Demarcus Williams
Defendant, Tony Demarcus Williams, was indicted by the Knox County Grand Jury for possession of more than .5 grams of cocaine within a school zone with the intent to sell and possession of more than .5 grams of cocaine within a school zone with intent to deliver. A petit jury convicted Defendant as charged, and the trial court merged the two convictions. The trial court sentenced Defendant to 15 years in confinement. Defendant asserts on appeal that the trial court erred in denying his motion to suppress the search warrant; that accomplice testimony was not sufficiently corroborated; and that the trial court erred by not allowing Defendant to make a proffer of evidence at the hearing on the motion for new trial regarding alleged prosecutorial misconduct. Finding no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
In Re: Aaron E.
Angela E. (“Mother”) appeals the termination of parental rights to her minor child, Aaron E. The Tennessee Department of Children’s Services (“DCS”) placed the child in protective custody based upon evidence of physical abuse. The abuse occurred while the child was in the care of Mother’s boyfriend. The Juvenile Court later made a finding that the child was dependent and neglected and granted temporary custody to DCS. DCS ultimately filed a petition to terminate Mother’s and the father’s parental rights. The Juvenile Court terminated the father’s parental rights at a separate hearing, and the matter proceeded to trial against Mother only. Following the trial, the Juvenile Court entered an order also terminating Mother’s parental rights, relying on the grounds of abandonment and persistence of conditions. We have determined that the record contains clear and convincing evidence to support terminating Mother’s parental rights on one of the two grounds relied upon by the Juvenile Court and to support the court’s conclusion that terminating Mother’s parental rights is in the child’s best interest. |
Maury | Court of Appeals |