Opinions

Turnbo vs. Turnbo
01A01-9307-CH-00314

Trial Court Judge: Jim T. Hamilton

01A01-9605-CV-00210
01A01-9605-CV-00210

Trial Court Judge: John A. Turnbull

Hall, 847 S.W.2D 208, 211 (Tenn. 1993); Clifton v. Bass, 908 S.W.2D 205, 208
01A01-9605-CV-00210

Wherein The Board'S Discretion Is Not So Broad. See Totty v. Tennessee Dep'T Of
01A01-9607-CH-00335

Trial Court Judge: William C. Koch

01A01-9607-CV-00307
01A01-9607-CV-00307

Trial Court Judge: William B. Cain

01A01-9605-CH-00215
01A01-9605-CH-00215

Trial Court Judge: Robert S. Brandt

01A01-9605-CH-00215
01A01-9605-CH-00215

01A01-9607-CH-00296
01A01-9607-CH-00296

Trial Court Judge: Tom E. Gray

01A01-9607-CH-00287
01A01-9607-CH-00287

Trial Court Judge: William B. Cain

01A01-9606-CV-00283
01A01-9606-CV-00283

01A01-9605-CH-00219
01A01-9605-CH-00219

Trial Court Judge: Ellen Hobbs Lyle

01A01-9605-CV-00242
01A01-9605-CV-00242

Trial Court Judge: Marietta M. Shipley

01A01-9606-CV-00283
01A01-9606-CV-00283

Trial Court Judge: Walter C. Kurtz

01A01-9607-CH-00335
01A01-9607-CH-00335

Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9609-CH-00393
01A01-9609-CH-00393

Trial Court Judge: Ellen Hobbs Lyle

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X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

03C01-9506-CR-00170
03C01-9506-CR-00170

Nancy Buchanan, Mother et al., Next of Kin of Corwendell D. Perkins, Deceased, v. Hardemen County Tennessee and Hardeman County Highway Dept.
02A01-9411-CV-00257
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jon Kerry Blackwood

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the
Court of Appeals of Tennessee. The plaintiffs/appellants in this cause, Nancy Buchanan, et al., (“Buchanan”) appeal the trial court’s grant of summary judgment to defendants/appellees, Hardeman County, Tennessee, et al., (“Hardeman County”). After a serious automobile accident on Minnie Hill Road in Hardeman County, Buchanan filed suit against Hardeman County for wrongful death, alleging that the road was not properly maintained by the County. Buchanan alleged that the accident would not have occurred had a lower speed limit been posted, a warning sign been erected, the curve properly delineated by road markings, and guardrails been installed. Buchanan argues that the doctrine of sovereign immunity does not apply to Hardeman County in this case and that the road was unsafe, dangerous, and defective under Tenn. Code Ann. § 29-20-203(a).

Angie Brooks, v. Kimberly Quam Davis and Gayle Schaal, and Erica Brooks, a minor B/N/F Angie Brooks, mother and natural guardian, v. Kimberly J. Quam Davis and Amy Schaal
01A01-9509-CV-00402.
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Robert W. Wedemeyer

This appeal is from the dismissal of the separate, but consolidated, suits of a mother and daughter for their personal injuries sustained while guest-passengers in a vehicle owned by Gayle (Amy) Schall and operated by Kimberly J. Quam Davis (hereafter "Ms. Davis"). Allstate Insurance Company (hereafter "Allstate") was served with process as an uninsured motorist insurer.

Carolyn S. Todd v. St. Paul Fire and Marine Ins. Company
02S01-9603-CV-00023
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. J. Steven Stafford,
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's insurer contends (1) benefits should be denied because of a false application for employment, (2) the trial court erred in awarding medical expenses not authorized by it, (3) the trial court erred in awarding temporary total disability benefits from the date of the injury until September 13, 1993 and (4) the award of medical benefits based on ten percent permanent partial disability to the body as a whole is excessive. The employee contends the award of permanent partial disability benefits is inadequate. As discussed below, the panel has concluded the award of temporary total disability benefits should be modified and the judgment otherwise affirmed. The employee or claimant is thirty-four and has an eighth grade education. She first completed a job application on September 25, 1989 and was hired as a flagman at Ford Construction Company, but performed other jobs, including driving a truck and shoveling or sweeping asphalt. Because the work was seasonal, she signed three subsequent applications. In her applications, the claimant denied any previous back injury or workers' compensation claim. In both respects, the application was false. She had in fact received in the past benefits for a back injury, from another employer. On July 2, 1992, the claimant injured her back while shoveling asphalt at work. She continued working until July 16th, when she was referred to Dr. J. Canale. Dr. Canale diagnosed myositis and muscle inflammation, for which he treated her conservatively until August 27th, when he released her to return to work without restrictions, limitations or permanent impairment. The claimant informed the employer that she was dissatisfied with Dr. Canale and asked to be referred to another doctor. In her testimony, she said the insurance company failed to provide her with the name of another doctor or a list from whom she could have made a choice. The trial judge apparently believed her. On the advice of her attorney, she saw Dr. James McAfee on September 11, 1992. Dr. McAfee diagnosed cervical strain, for which he prescribed physical therapy and nerve blocks. The doctor opined the injury was related to the injury at work and estimated the claimant's permanent impairment at eight percent to the whole body, from appropriate guidelines. The claimant incurred medical expenses for care prescribed by Dr. McAfee totaling $5,974., which the trial court found to be reasonable and reasonably necessary. 2

Dixie Millburn Selby, v. Landon Selby - Dissenting
01A01-9604-CH-00159
Authoring Judge: Judge William C. Koch, Jr.

I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.

Dixie Millburn Selby, v. Landon Selby - Dissenting
01A01-9604-CH-00159
Authoring Judge: Judge William C. Koch, Jr.

I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.

Louis A. McRedmond, Patrick J. McRedmond, Jr., and Monica McRemond Terry, on behalf of Elk Brand Mfg Co., v. Andrew Marianelli, Walter Marianell, David Manning, et al.
01A01-9412-CH-00594
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiffs have appealed from a summary judgment dismissing their suit against the captioned defendants.