Bryant vs. McCord, et al
01A01-9801-CV-00046
Trial Court Judge: Walter C. Kurtz

State vs. Pamela Scuderi
01C01-9803-CC-00135
Trial Court Judge: James K. Clayton, Jr.

George French vs. State, Ricky Bell, Warden
01C01-9801-CR-00022
Trial Court Judge: J. Randall Wyatt, Jr.

State vs. Christopher Bengston
E1999-01190-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: R. Steven Bebb
The defendant, Christopher Bengtson, was convicted by a McMinn County jury of three counts of reckless endangerment committed with a deadly weapon, a Class E felony. In this appeal as of right, the defendant raises two issues: (1) whether the evidence was sufficient as a matter of law to support the verdict; and (2) whether the trial court erred in failing to merge the three counts into one. We conclude that the evidence was sufficient as a matter of law for the jury to conclude beyond a reasonable doubt that the defendant was guilty of felony reckless endangerment. We agree with the defendant and the State that the three counts constituted a single course of conduct and should have been merged into one. We therefore affirm the felony reckless endangerment conviction for count one of the indictment but vacate the convictions for counts two and three.

Memphis Housing Auth. vs. Ramona Stewart
02a01-9803-CV-00087
Trial Court Judge: Robert L. Childers

01A01-9711-CV-00685
01A01-9711-CV-00685
Trial Court Judge: James E. Walton

Seals vs. England/Corsair Upholstery Mfg Co., Inc. and 2nd Injury Fund
03S01-9704-CH-00044

Seals vs. England/Corsair Upholstery Mfg Co., Inc. and 2nd Injury Fund
03S01-9704-CH-00044

Vernon W. Mauldin v. Tennessee Department of Correction
01A01-9801-CH-00014
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a state prisoner's efforts to obtain judicial review of the length of his incarceration. The prisoner contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s lesser sentence for armed robbery rather than the sentence imposed upon him at the time of his conviction in 1985. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to be immediately released from custody. He filed a Petition for Declaratory Order with the Department of Correction, and the Department denied him relief. Thereafter, the prisoner filed a pro se "Petition for Judicial Review and/or Petition for a Declaratory Judgment and/or Petition for Common-law Writ of Certiorari" in the Chancery Court of Davidson County. The trial court granted the Department's motion to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.

State of Tennessee vs. Craig Bryant
02C01-9707-CR-00286
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Arthur T. Bennett

The Defendant, Craig Bryant, appeals as of right from a Shelby County jury verdict convicting him of aggravated assault and attempted second degree murder. The trial court sentenced him as a Range I standard offender to consecutive sentences of three years for aggravated assault and ten years for attempted second degree murder. The Defendant now appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. W e affirm the judgment of the trial court.

Larry Aubrey Henson v. Elizabeth Ellen Sorrell - Concurring
02A01-9711-CV-00291
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James F. Russell

This case involves allegations of promissory fraud, fraudulent concealment, breach of contract, conversion, and intentional infliction of emotional distress arising from a woman’s failure to inform her partner that she had stopped taking birth control pills, her subsequent 1In another appeal currently before this Court, Henson appeals the paternity ruling of the juvenile court and challenges the constitutionality of the Tennessee Paternity Statute. 2 pregnancy, and the birth of a child. The plaintiff, Larry Aubrey Henson (Henson), appeals the trial court’s judgment for the defendant, Elizabeth Sorrell (Sorrell), after a trial on the merits.

Larry Aubrey Henson, v. Elizabeth Ellen Sorrell - Concurring/Dissenting
02A01-9711-CV-00291
Authoring Judge: Judge Holly Kirby Lillard

I write separately only to indicate disagreement with an inference that may be drawn from the majority opinion. The last sentence in the opinion states that a party such as Henson may recover damages immediately flowing from the wrongful conduct, as in Smith v. Gore, 728 S.W.2d 738 (Tenn. 1987). As noted in the majority opinion, the plaintiff mother in Smith was permitted to recover in a medical malpractice action for damages immediately related to pregnancy and childbirth.

Rita Jean Fisher, v. Lena Green and Gloria Smith
01A01-9708-CH-00389
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is a nuisance action by one neighbor against another. The plaintiff alleged in her lawsuit that the defendant took action to cause flooding on the plaintiff’s property. The trial court found that the defendant had taken actions that resulted in flooding and enjoined further such actions, but found the evidence insufficient to award the plaintiff monetary damages for alleged damage to her home. The plaintiff appeals, and we affirm.

Mildred Johnson and Gary Johnson, v. Charles T. Cantrell and Patricia Cantrell
01A01-9712-CV-00690
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

Plaintiffs Mildred and Gary Johnson appeal an order of the trial court granting summary judgment in favor of Defendants Charles T. and Patricia Cantrell. For the reasons set forth below, we affirm the trial court’s ruling.

Andrea D. Bryant v. Phillip Wright, Jr. - Concurring
01A01-9712-CV-00710
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

Defendant Phillip Wright, Jr. (“Wright” or” Appellant”) appeals the judgment of the trial court which awarded Plaintiff Andrea D. Bryant (“Bryant” or “Appellee”) the sum of $9,919.80 for breach of contract.

State of Tennessee vs. Rodney Ford - Dissenting
01C01-9708-CR-00365
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Thomas H. Shriver

I respectfully disagree with the majority’s conclusion that there was an illegal entry into the defendant’s home. Because I believe the entry into the residence and the seizure of property were proper, I further disagree that the matter should be remanded for further proceedings to determine the admissibility of the written confession. I would affirm the judgment of the trial court.

Katherine Jewell Smith and Jimmie Lewis Smith v. Methodist Hospitals Memphis, Keith G. Anderson, M.D. and The Sutherland Clinic, Inc., F/K/A Cardiology Consultants of Memphis
02A01-9712-CV-00302
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Robert L. Childers

This interlocutory appeal involves an action by a setling tortfeasor for contribution from an alleged joint tortfeasor. Defendant/cross-plaintiff, Methodist Hospital of Memphis (Methodist), appeals from the order of the trial court dismissing its cross-complaint for contribution against defendant/cross-defendant, Keith G. Anderson, M.D. Apparently, Smith reluctantly included Anderson as a defendant and chose not to prosecute her claim against him. In a Motion in Limine filed April 18, 1997, Smith stated that she would not seek to produce expert testimony in her case against Anderson, and he agreed not to seek a directed verdict because of absence of expert proof.

Sarah May (Childers) (Harrison) Anderson, v. William Travis Harrison, Sr.
02A01-9805-GS-00132
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Bob G. Gray

Plaintiff Sarah May Anderson appeals the trial court’s order enforcing the final divorce decree which was previously entered by the court in December 1981. The trial court enforced the decree’s provision relative to the division of the parties’ former marital home by requiring Defendant/Appellee William Travis Harrison, Sr., to pay to the Plaintiff the sum of $12,084.36 for her interest in the property. The trial court enforced the decree’s provision requiring the Defendant to pay a reasonable amount of child support to the Plaintiff by ordering the Defendant to pay to the Plaintiff the sum of $2250 for nine months of child support; however, the court ruledthat all other claims for child support were barred by the ten-year statute of limitations applicable to actions on judgments and decrees. Based on our conclusion that both of these rulings were in error, we modify in part, affirm in part, and reverse in part the trial court’s judgment.

Florence Howard v. Jimmie Howard
02A01-9608-CV-00175
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge James E. Swearengen

Defendant Jimmie Howard (Husband) appeals the trial court’s order denying his motion to set aside the final divorce decree previously entered by the court. We affirm the trial court’s judgment based on our conclusion that the record contains insufficient evidence to support the Husband’s motion to set aside.

Hale v. Athens Stove Works
03S01-9708-CH-00104
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Earl H. 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. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee, Gregory Hale, has perfected an appeal from a decision of the trial court which declined to modify and increase an award of 25% permanent partial disability to the body as a whole. Plaintiff began working for defendant, Athens Stove Works, in 1987 and sustained an on-the-job injury during 1988 which resulted in surgery on his back for a disc problem. His doctor gave him a 15% medical impairment and the court awarded 25% disability to the body as a whole, etc. After being off from work for about eleven months, he returned to work performing the same duties. On about April 17, 199, while working as a welder, he sustained another injury to his back. A trial was conducted on June 4, 1993 which resulted in an additional award of 25% permanent partial disability to the body as a whole. A judgment for this award was entered on August 13, 1993. Before the judgment became final, plaintiff filed a motion for a new trial and/or to alter the judgment seeking to increase the award based on newly discovered medical evidence. The record indicates there were no further hearings until July 1997 when the court reconsidered the case by reviewing additional medical records of the treating physician and plaintiff's testimony and determined it was not appropriate to adjust or alter the award of disability. At the trial for the second and last injury, plaintiff testified he was 34 years of age and was a high school graduate. He said he also had some vocational- technical school training and possessed a drafting license. He stated that after the 199 injury, he continued to do light work (mostly sweeping) until about June 22, 199, when he was terminated because his employer stated there was no work available which he could do in his condition. The record indicates he has not worked since leaving employment with defendant. He told the court he was in a great deal of pain and could not sit or stand for any prolonged period of time and that he had to take medication regularly to mask the pain. His complaints of pain were to his low back and leg. 2

Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr., Director of the Division of Workers Compensation, Tennessee Dept of Labor - Concurring
03S01-9608-CH-00086
Authoring Judge: Justice Janice M. Holder

I concur in the majority's holding that this case falls within the purview of Tenn. Code Ann. § 50-6-208(a). I, however, continue to adhere to my dissent in Bomely v. Mid-America Corp., 970 S.W.2d 929 (Tenn. 1998), in which I concluded that Tenn. Code Ann. § 50-6-208(a) is applicable when there is a subsequent injury and the employee is rendered permanently and totally disabled. Subsection (b), however, should apply only when the employee is still able to earn a wage or be gainfully employed but has received compensable vocational disabilities that exceed 100 percent or 400 weeks of compensation

Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr. Director Chancellor of the Division of Worker's Compensation Fund, Tennessee Department of Labor
03S01-9608-CH-00086
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Chancellor Frederick K. McDonald

In this workers’ compensation action, the trial court determined that Wayne Eldred Hill, the employee, was permanently and totally disabled. Pursuant to Tenn. Code Ann. § 50-6-208(a), the court apportioned 10 percent of the award to the employer and 90 percent of the award to the Second Injury Fund. The case was referred to the Special Workers’ Compensation Appeals Panel for findings of fact and conclusions of law pursuant to Tenn. Code Ann. § 50-6-225(e). The Appeals Panel modified the award by apportioning 65 percent to the employer and 35 percent to the Second Injury Fund pursuant to Tenn. Code Ann. § 50-6-208(b).

01C01-9607-CC-00139
01C01-9607-CC-00139
Trial Court Judge: Jim T. Hamilton

01C01-9607-CC-00139
01C01-9607-CC-00139
Trial Court Judge: Jim T. Hamilton

Bruce Little vs. State
01C01-9710-CR-00461
Trial Court Judge: Walter C. Kurtz