Ken Randall Allmon v. Wolf Tree Experts, Inc., M2002-00366-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Royce Taylor, Judge
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 trial judge found the plaintiff suffered an injury to both arms which resulted in a permanent partial impairment of 5 percent to both. The defendant says the trial court erred in finding the plaintiff suffered any injury to his right arm and that the award of 5 percent to the left arm is excessive. We modify and affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed as Modified JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA, III, C.J., and JOE C. LOSER, SP. J., joined. Patrick A. Ruth, Nashville, Tennessee, for the appellants, Wolf Tree Experts, Inc. and Great American Insurance Company. D. Russell Thomas, Murfreesboro, Tennessee, for the appellee, Ken Randall Allmon. MEMORANDUM OPINION Facts At the time of trial the plaintiff was forty-five years of age. He had a high school education and a varied and interesting work history which encompasses such things as working on shrimp boats and being a high rise window washer. The facts surrounding the accident in this case are simple. The plaintiff was in a tree cutting branches with a chain saw on March 21, 2. When the saw cut through a branch, his left arm, which was holding the saw, dropped and he heard a pop in his left elbow. The plaintiff testified he felt intense pain in this elbow after hearing the pop. The plaintiff was taken to the emergency room for medical care and was later treated or seen by Vanderbilt medical personnel. The plaintiff never returned to work for the defendant. He was offered a light duty job by the defendant but was of the opinion he could not do the work based upon his restrictions. Medical Evidence Dr. Douglas B. Haynes, an orthopedic surgeon, saw the plaintiff on March 21, 2. The plaintiff reported he had injured his left arm. Dr. Haynes found some tenderness on both of the plaintiff's elbows. He treated the plaintiff for some time and referred him to Dr. Callahan for a determination of whether surgery was warranted. Dr. Haynes saw the plaintiff for some time and ultimately determined he had a 5 percent impairment to the left arm. He based this on weight lifting restrictions placed by Dr. Callahan. Dr. Haynes found the plaintiff suffered no impairment to the right arm. Dr. David Gaw, an orthopedic surgeon, filed a C 32 form in which he found the plaintiff had a 5 percent impairment to the left arm and zero impairment to the right arm. Dr. David Callahan, an orthopedic surgeon, testified the plaintiff had a degenerative condition in his elbow and that the work he did exacerbated the pain. Gordon Doss, a vocational expert, testified the plaintiff suffered a 5 percent vocational loss as a result of the injury to his arms. Discussion We find from the evidence that the plaintiff suffered a definable traumatic injury to his left arm on March 21, 2. We further find from the testimony of Dr. Gaw and Dr. Haynes that the plaintiff sustained a five percent permanent partial medical impairment to his left arm and no impairment to his right arm. The evidence shows Dr. Callahan found the plaintiff sustained a one percent impairment to both the left and right arms. He found this was as a result of exacerbation of an underlying degenerative condition of the plaintiff's arm but that the only result was that this caused pain. All of the physicians found the plaintiff had zero impairment when the AMA Guideline was used. -2-
Cannon
Workers Compensation Panel
W2002-01642-COA-R3-CV W2002-01642-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
The defendant was convicted of burglary, a Class D felony, after a jury trial and was sentenced to two years, six months, with all but fifteen days suspended, and the balance to be served on supervised probation. The defendant was also ordered to pay $353.95 in restitution to North Elementary School. On appeal, he argues that the evidence was insufficient to support his conviction and that the trial court erred in denying full probation and ordering that he serve fifteen days in confinement. Following our review, we affirm the judgment of the trial court.
Hardin
Court of Criminal Appeals
Sarah High vs. James High W2001-01558-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This case involves an appeal from the trial court's determination of Appellant's child support and alimony arrearages, as well as the denial of a request to modify a previous award of alimony and child support. We affirm in part, reverse in part, and remand for further proceedings.
Madison
Court of Appeals
Brenda Hicks v. John E. Hicks W2001-02931-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a divorce case. At the time the wife filed for divorce, the parties had been married for eight months. The trial judge awarded the divorce to the wife on the grounds of adultery. The trial court also granted the wife a monetary award for "alimony in solido and as a division of the marital estate." The husband appeals. We affirm and modify. The proof at trial did not support awarding the wife the divorce on grounds of adultery, nor did it support the amount of the monetary award to the wife. The judgment of the trial court is affirmed but modified to reflect that the wife is granted the divorce on grounds of inappropriate marital conduct, and the monetary award is modified as well.
Scott Jurgensmeyer, et al v. James F. Prater M2000-02986-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
In this consolidated case involving claims of fraud, negligent misrepresentation, breach of contract, and violations of the Tennessee Consumer Protection Act, the trial court granted summary judgment for the defendant on the ground that he had not acted individually and his corporation had not been named as a defendant. For the following reasons, we reverse and remand the decision of the trial court.
W2002-01556-COA-R3-CV W2002-01556-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
Richard McDonald vs. Swain & Sons W2002-00012-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: John R. Mccarroll, Jr.
This is a retaliatory discharge case. In July 1998, the plaintiff truck driver began working for the defendant trucking company. In June 1999, the truck driver was involved in a one-vehicle accident while making a delivery for the company. Soon thereafter, the truck driver was discharged. The truck driver sued the trucking company in the court below, alleging that his discharge was not because of the vehicular accident, but rather was in retaliation for refusing to participate in or remain silent about alleged illegal activity by the trucking company. The trial court found in favor of the trucking company on all issues. The plaintiff truck driver now appeals on several grounds. No transcript or statement of the evidence was filed. The issues raised by the plaintiff require a review of the proceedings below that is not possible in the absence of a transcript of the trial proceedings or a statement of the evidence. Consequently, we affirm the trial court's decision.
Shelby
Court of Appeals
Mary Saccomanno vs. Melvin Saccomanno W2002-01267-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Daniel L. Smith
This is an appeal from a Final Order, granting the parties a divorce and dividing the marital property. Wife appeals and asserts that the division of marital property is inequitable. We affirm.
Hardin
Court of Appeals
W2002-01687-COA-R3-CV W2002-01687-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.
Shelby
Court of Appeals
Gary Lindsey v. Philips Electronics, N.A.C. E2002-00396-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: O. Duane Sloan, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employer appeals a finding of permanent and total disability asserting that the injury is to a scheduled member. We affirm.
Knox
Workers Compensation Panel
State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey - Concurring M2001-03127-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn
I concur in the results reached in the majority opinion. I respectfully disagree, though, with the majority opinion’s view that, absent the defendant’s 1994 cocaine sale, the affidavit would have warranted a person of reasonable caution to believe that cocaine or other evidence of drug offenses was located at the defendant’s house.
Davidson
Court of Criminal Appeals
State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey M2001-03127-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn
A Davidson County jury convicted defendants Thurman L. Whitsey1 and his mother, Charlie Mae Whitsey, of conspiracy to possess cocaine with intent to sell. The jury also convicted Thurman Whitsey of possession of cocaine with intent to sell, possession of marijuana with intent to sell, and unlawful possession of a weapon. In addition, the jury convicted Charlie Mae Whitsey of facilitation of possession of cocaine with intent to sell, simple possession of marijuana, and facilitation of unlawful possession of a weapon. The trial court imposed an effective sentence of eleven years upon Thurman Whitsey and an effective sentence of seven years upon Charlie Mae Whitsey. On appeal, both defendants contend the trial court erred in denying their motions to suppress evidence obtained as a result of an invalid search warrant. Charlie Mae Whitsey also submits the evidence was insufficient to support her conviction for facilitation of unlawful possession of a weapon. Upon review of the record and applicable law, we reverse and dismiss Charlie Mae Whitsey’s conviction for facilitation of unlawful possession of a weapon and Thurman Whitsey’s conviction for unlawful possession of a weapon; otherwise, we affirm the judgments of the trial court.
Davidson
Court of Criminal Appeals
Union Planters Bank vs. Bobbye Shepard W2002-01188-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D. J. Alissandratos
Executor brought this action to recover proceeds of the sale of decedent's property prior to decedent's death. Both parties moved for attorney's fees. The trial court entered judgment for defendant and awarded defendant's attorney's fees. On issues relating to decedent's property, we affirm in part and reverse in part. We reverse the award of attorney's fees and remand for a determination of reasonableness.
The defendant, Joe Charles Degrafenreid, was convicted by a jury of driving under the influence (DUI) as a second offender. In this direct appeal, the defendant argues that the evidence is insufficient to support his conviction for DUI and that the trial court erred by denying his motion to suppress. Finding no error, we affirm the judgment of the trial court.
Tipton
Court of Criminal Appeals
W2002-03016-COA-R3-CV W2002-03016-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
Shelby
Court of Appeals
W2002-01474-COA-R3-CV W2002-01474-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
Edwin Boothe vs. Fred's Inc. W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Shelby
Court of Appeals
Edwin Boothe vs. Fred's Inc. W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Shelby
Court of Appeals
W2002-00489-COA-R3-CV W2002-00489-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Rita L. Stotts
Shelby
Court of Appeals
W2002-02220-COA-R3-CV W2002-02220-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ron E. Harmon
Decatur
Court of Appeals
W2002-03050-COA-R3-CV W2002-03050-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: William B. Acree
