01A01-9702-
01A01-9702-
Trial Court Judge: Irvin H. Kilcrease, Jr.

Maytag v. Elliott
03S01-9611-CV-00112
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Earle G. Murphy,.
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 employer, Maytag Cooking Products, has appealed from the action of the trial court in awarding the employee permanent partial disability benefits of 4% to her left arm. The only issue on appeal is whether the expert medical testimony is sufficient to support the award of permanent disability. Carolyn D. Elliott was 5 years of age at the time of the trial and was a high school graduate. She had been employed by Maytag Cooking Products and a prior company for about 25 years. For some period of time, she was on a production line using an air gun to put screws through switches on a panel. Although she had some problems several years earlier, her left elbow began hurting so much she had to seek medical treatment during June 1993. This gradual injury resulted in her seeing several doctors and eventually in her seeing Dr. Richard B. Donaldson, the only expert medical witness to testify. At the trial below, which was about three years later, she told the court she still had pain in her arm; swelling of the arm frequently occurred and she did not feel her condition had improved very much. She had returned to work and was earning an amount equal to or greater than her previous wage. Her employer had reassigned her to lighter duty work but she did not feel she was performing her work satisfactorily. She testified she still could not iron, mow the yard, use a hair dryer or lift anything with her left arm. She is left-handed. She expressed the opinion that she had about an 8% loss of use of her left arm. Dr. Richardson, an orthopedic surgeon, testified by deposition. He said he saw her in connection with her obtaining a second opinion as to her medical condition. He testified she had a lateral and medial epicondylitis of the left elbow and this was a condition commonly known as tendinitis or tennis elbow. He recommended surgery which he felt would improve her condition but this had not 2

Evans v. State
03C01-9601-CR-00018
Trial Court Judge: William M. Dender

Hayes v. School
03S01-9609-CV-00093
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. William L. Jenkins,
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 employer, School Calendar Company, has perfected this appeal from a decision of the trial court to award the employee, Alma Joyce Hayes, 2% permanent partial disability benefits to each arm. The employer insists the employee's injury was not work-related and that the claim was not filed within the one year statute of limitations period. The employee contends the award is not adequate and should be increased. Alma Joyce Hayes began working for School Calendar Company in 1988 and was employed as a proofreader. She testified her duties required her to use her hands and wrists repetitively. She first began experiencing problems with her hands and arms during July, 1994, thinking her condition was due to arthritis. She continued working until about February 17, 1995, when she was laid-off due to a reduction in the company's workload. While on lay-off status, she decided to see a doctor about her condition. On about June 28, 1995, Dr. Hovis examined her and told her she had bilateral carpal tunnel syndrome and that he was of the opinion her condition was work-related. She immediately notified her employer and a company representative told her the company did not feel responsible for her condition since she no longer worked for them. This suit for workers' compensation benefits was filed on August 3, 1995. Dr. Hovis performed surgery on the right hand on August 4, 1995, and surgery on the left hand on August 11, 1995. The circuit judge was faced with conflicting evidence on the causation question. The only expert medical testimony was presented by deposition from two orthopedic surgeons, Dr. William M. Hovis and Dr. M.J. Gutch. Dr. Hovis originally was of the opinion her condition was the result of her work duties based upon the history given. He later changed his opinion when he was shown a videotape depicting the nature and type of work she usually performed. 2

State vs. Ytockie Fuller
02C01-9607-CC-00215
Trial Court Judge: Whit A. Lafon

William Key vs. Julian Bolton, et al
02A01-9703-CR-00072
Trial Court Judge: Chris B. Craft

Jerry D. Carney v. David Mills, Warden
W2004-01563-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Joseph H. Walker, III

Wilson v. State
03C01-9604-CC-00142
Trial Court Judge: William M. Dender

State v. Carroll
03C01-9607-CC-00254
Trial Court Judge: James E. Beckner

State v. Haynes
03C01-9608-CC-00321

Roulette v. Roulette
03A01-9701-GS-00010

02A01-9607-CH-00173
02A01-9607-CH-00173
Trial Court Judge: William Michael Maloan

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

State vs. James Henry Davis
M1999-02467-CCA-R3-CD
Trial Court Judge: Leon C. Burns, Jr.
The Defendant pleaded guilty to the offense of second degree murder. Sentencing was left to the discretion of the trial court. Following a sentencing hearing, the trial judge sentenced the Defendant to twenty-four years in the Department of Correction. On appeal, the Defendant challenges the length of his sentence. We modify the sentence to twenty-two years.

Robert E. Evans, v. Amcash Mortgage Company, Inc.
01A01-9608-CV-00386
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Thomas W. Brothers

In this defamation action, Robert Evans (“Plaintiff”) filed suit against Amcash Mortgage Company, Inc. (“Defendant”) and Franklin American Life Insurance Company1 for an alleged defamatory statement made by Defendant’s attorney to one of Defendant’s employees. In granting the Defendant’s motion for partial summary judgment, the trial court dismissed Franklin American Corporation from the suit, dismissed Plaintiff’s claims against Defendant under a theory of “slander by action,” and held that a genuine issue of material fact existed as to whether the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege. Defendant appeals the judgment of the court below arguing that the trial court erred in denying Defendant’s motion for summary judgment regarding the statement made by Defendant’s attorney to one of Defendant’s employees concerningthe reason for Plaintiff’s employment termination because the statement is subject to a qualified privilege and is not defamatory in nature. For the reasons stated hereafter, we reverse the judgment of the trial court and hold that the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege and is not defamatory.

Brian David McCray, v. Irene Carol Klanseck McCray
01A01-9612-CH-00553
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

The husband sued for absolute divorce, claiming cruel and inhuman treatment and irreconcilable differences. The wife denied that her husband was entitled to a divorce, and she counterclaimed for a divorce from bed and board. After a hearing, the trial court dismissed the husband’s complaint and awarded the wife a divorce from bed and board and custody of the four minor children. The husband was ordered to pay alimony in futuro, child support and attorney fees.

Allen D. Curtis and wife, Carolyn June Curtis, v. William M. Rice, and Rice & Papuchis Construction Company, Inc.
01A01-9605-CH-00211
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Tom E. Gray

This is an appeal by plaintiffs/appellants, Allen D. Curtis and his wife, Carolyn June Curtis, from a decision of the chancery court which dissolved the partnership formed between Curtis and
defendant/appellee, William M. Rice, and which distributed the partnership's assets.1 The facts out of which this matter arose are as follows.

Ray Darris Thompson v. Stanley Dickerson, et al.
02A01-9702-CV-00034
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Karen R. Williams

Plaintiff, Ray Darris Thompson, appeals the order of the trial court dismissing his
complaint against the defendants, Stanley Dickerson, Betty Hammond, Vernon Brown, June Wesson, Bruce MacDonald, and Christine Bradley, for failure to prosecute.

State of Tennessee v. Jubal Carson
03S01-9606-CR-00063
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Mary Beth Leibowitz

The issue presented by this appeal is whether the defendant, who assisted his co-defendants in committing an aggravated robbery, was criminally responsible under Tenn. Code Ann. § 39-11-402(2) for additional offenses committed by them.

The Terminix International Company, L.P. v. Stephen Tapley and Denford Tapley
02A01-9701-CH-00028
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Neal Small

This appeal arises out of an action brought by a company to enforce covenants not to compete against two former employees. Plaintiff, The Terminix International Company, L.P. (Terminix), appeals from the order of the trial court setting aside the default judgment against the defendants, Stephan Tapley and Denford Tapley (the Tapleys), dismissing the action for lack 2 of venue, and dismissing the petitions to hold the Tapleys in contempt for violating a permanent injunction.

David Wayne Gurien, v. Allstate Insurance Company
01A01-9610-CH-00459
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

In this breach of contract case, David Wayne Gurien (“Plaintiff”) filed suit against Allstate Insurance Company (“Defendant”) for Defendant’s failure to compensate him for the theft of his automobile pursuant to the terms of the insurance contract that he had with the Defendant. The trial court awarded Plaintiff $18,300.00 in compensatory damages and $4,575.00 for the Defendant’s bad faith refusal to pay under the terms of the insurance contract. A motion to alter or amend resulted in an adjustment of compensatory damages to $17,300.00 to account for the deductible. The issues on appeal relate only to the award of the bad faith penalty.
 

Mall of Memphis Associates vs. Tennesse State Board of Equalization, et al., - Concurring
02A01-9609-CH-00214
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor D. J. Alissandratos

This appeal involves a constitutional challenge by the Mall of Memphis  Associates (the Mall) to an increase in its property value by the Assessor of Property for Shelby County, Tennessee (the Assessor). The respondents, Tennessee State Board of Equalization (the Board) and Rita C. Clark,1 the Assessor, appeal the judgment of the chancery court voiding an increase in the property assessment for the petitioner, the Mall. The chancery court held that the Board’s reappraisal of the Mall’s property violated the Mall’s Fourteenth Amendment rights of equal protection under the United States Constitution.

In re: Estate of Maple Ione Stocks, Gwyneth J. Huges, and Linda Lyons, Co-Administratrices C.T.A., v. Anna Gayle Ironside and William A. Grisham
02A01-9612-CH-00310
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor W. Michael Maloan

This appeal arises from the probate of the Last Will and Testament of Maple Ione Stocks (Stocks) in the Chancery Court of Obion County. The co-administratrices C.T.A., Gwyneth J.
Hughes (Hughes) and Linda Lyons (Lyons), appeal the order of the chancery court vacating the 2 order admitting Stocks’s will to probate because of a lack of jurisdiction and/or venue, which was made final pursuant to Tenn. R. Civ. P. 54.02.

Hal Angus, D/B/A, Hal Angus Demolition, v. City of Jackson
02A01-9509-CV-00208
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Whit A. Lafon

In this case, a demolition company filed a lawsuit against the City of Jackson for breaching an alleged implied contract between the two parties by failing to mail the plaintiff demolition company invitations to bid on demolition projects. The trial court granted the City’s motion for summary judgment, and the plaintiff appealed. We affirm.

Roger D. Pulley vs. State
01C01-9605-CC-00217
Trial Court Judge: Jim T. Hamilton