John Layton vs. Penny Layton W1999-02274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Shelby
Court of Appeals
State vs. Gerald Cathey W1999-00660-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Chris B. Craft
Shelby
Court of Criminal Appeals
State vs. West E1997-00166-SC-R11-PD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: John K. Byers
Union
Supreme Court
Stacy's Carpet Steam Cleaning Co. vs. David McNeely, et al E1999-01880-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien.
Carter
Court of Appeals
State vs. Robert Jarnagin E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James E. Beckner
Hamblen
Court of Criminal Appeals
State vs. Robert Jarnagin E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James E. Beckner
Sarah Wilkerson vs. Robert Wilkerson W1999-01684-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: James E. Swearengen
Shelby
Court of Appeals
Mirage Casino vs. J. Roger Pearsall W1999-01543-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio
Shelby
Court of Appeals
State vs. Barbara Powell W1999-01825-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Dick Jerman, Jr.
Gibson
Court of Criminal Appeals
Judy F. Barnett v. Nn Ball & Roller, Inc. and Wasau Insurance Companies 03S01-9811-CH-00133
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Thomas J. Seeley, Jr.,
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 appeal has been perfected by the employee, Judy F. Barnett, from the action of the trial court in awarding her 65% permanent partial disability to the body as a whole. On appeal the employee insists the award of disability is not sufficient and that her disability should be fixed at 1%. Mrs. Barnett was 43 years of age and is a high school graduate. She had taken a drafting course but never used it. She said she had also taken a basic computer concepts course and a typing course. Her prior work experience was in a sewing factory and a grocery store. She began work for defendant, NN Ball & Roller, Inc., in 1984 and at the time in question, she was employed as an inspector of steel bearings. In 199-91 she testified she had an allergy reaction after being out in the sun (not work- related) for some period of time and it had been diagnosed as photodermatitis. The inspector position required her to examine steel bearings on an assembly line passing in front of her. She said that prior to this inspection, the production process involved cleaning the bearings with kerosene in order to cut off grease and that after a ball wash, the bearings were dipped in pack oil. She said that as the process operated there was a strong odor which settled in her hair and clothing. She testified she began having problems in 1993 and that it continued throughout her employment. Her problems were shortness of breath, swollen eyes, sores in her nose, ears peeling, earaches, upset stomach and headaches. She worked until June 2, 1997 and stopped working on her doctor's advise. During the course of her employment, the employer attempted to accommodate her medical problems by improving the ventilation, changing her job and other efforts which did not greatly improve her condition and she was eventually terminated on January 8, 1998 because the company could not comply with her medical restrictions. Causation of injury is not an issue. Material Safety Data Sheets were introduced into evidence. The manufacturer of the pack oil warned it could cause 2
Knox
Workers Compensation Panel
City of Brentwood v.Metro Zoning Appeals M2002-00514-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves the efforts of the City of Brentwood to stop the construction of a billboard located in Davidson County. After Nashville's zoning administrator granted a building permit for the billboard, the City of Brentwood appealed to the Metropolitan Board of Zoning Appeals. When the Board affirmed the building permit, the City of Brentwood and four neighboring property owners filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board's decision. The trial court granted the motions to dismiss filed by the Board and the owner of the billboard on the ground that the City of Brentwood and the individual property owners lacked standing. We have determined that the trial court erred by determining that the City of Brentwood and its public officials lacked standing to seek judicial review of the Board's decision.
Davidson
Court of Appeals
State vs. Stanley Blackwood W1999-01221-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: John Franklin Murchison
A Madison County Grand Jury indicted the defendant, Stanley Blackwood, for one count of first-degree murder, three counts of attempted first-degree murder, five counts of aggravated assault, two counts of reckless endangerment and one count of aggravated burglary. Following a trial, a jury convicted the defendant on all counts, and the trial court imposed an effective sentence of life plus twenty-two (22) years incarceration. On appeal, the defendant contends (1) that the evidence was insufficient to sustain all of the convictions; (2) that the trial court erroneously instructed the jury; (3) that the trial court erroneously refused to admit results of a polygraph examination; (4) that the trial court should have merged two counts of aggravated assault with two counts of attempted first-degree murder; and (5) that the defendant's sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court.
Madison
Court of Criminal Appeals
State vs. Floyd Perry W1999-01715-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: William B. Acree
The defendant and appellant, Floyd Lee Perry, Jr., was indicted by an Obion County Grand Jury for first-degree murder, first-degree murder in the perpetration of a robbery, and especially aggravated robbery. Following a jury trial, the defendant was convicted of first-degree murder in the perpetration of a robbery, especially aggravated robbery, and second-degree murder (as a lesser included offense of first-degree murder). The trial court merged the second-degree murder conviction into the first-degree felony murder conviction and, following a sentencing hearing, sentenced the defendant to life imprisonment for felony murder and twenty-three (23) years for especially aggravated robbery. The court ordered the sentences to be served concurrently. On appeal, the appellant claims (1) that the evidence was insufficient to support his convictions, and (2) that the trial court erred by allowing the state to introduce prejudicial autopsy photographs in evidence. After a thorough review of the record, we affirm the judgment of the trial court.
Obion
Court of Criminal Appeals
Harold Russom vs. Philip McClore W1999-02215-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D'Army Bailey
David D. Cox v. State of Tennessee W2007-01591-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Joseph H. Walker, III
Lauderdale
Court of Criminal Appeals
Komatsu America Hamilton County International Company and Travelers Property Casualty v. Mark A. Cash 03S01-9905-CV-00051
Authoring Judge: H. David Cate, Special Judg
Trial Court Judge: Hon. L. Marie Williams,
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 defendant employee, Mark A. Cash, appeals the judgment of the trial court and asserts as error the following: (1) the failure to award any permanent disability, (2) the assessment of court costs against the defendant, (3) the failure to award the defendant his costs to prosecute the action, (4) the granting of the motion in limine, (5) the failure to give the defendant the presumption of T.C.A. _ 5-6-116 and (6) the plaintiff's defense should be disallowed because of the provision of T.C.A. _ 5-6-25(d)(1). We conclude that all of the foregoing are without merit and affirm the judgment of the trial court. The defendant was born March 26, 1964. He graduated from high school and completed a welding class. His work history consists of working for the Marion County Sheriff's Department; Tennol, a gasohol plant; Concrete Emporium; Chattanooga Corporation; and the plaintiff employer, Komatsu America International Company where he went to work on a regular, rather than a temporary, basis in November 1989. His work over the years has been primarily as a welder. The defendant began to have problems with his left shoulder area in 1992 or 1993. Prior to March 15, 1998, the date of the incident at work, the defendant had been examined and treated for his left shoulder problems by several doctors. On August 18, 1997, he had left shoulder surgery, consisting of an anterior inferior acromioplasty, which was a decompression of the AC joint resection and an inspection of his rotator cuff. His post operative diagnosis was stage II impingement, AC joint arthrosis. He continued to have left shoulder area problem and underwent another surgical procedure on December 1, 1997, which released his levator scapula and curetted the medial border of the scapula. His postoperative diagnosis was chronic levator scapulae syndrome. None of the defendant's shoulder problems at this point were work related. 2
Plaintiff’s residential property in Hamilton County was sold for delinquent property taxes after default judgment was entered against Plaintiff, the property owner. Plaintiff brought suit against the subsequent tax sale purchaser, and others, to set aside the default judgment and sale, asserting process had not been served properly on him in the delinquent tax suit. The Trial Court found that certified mail return receipts signed by Plaintiff’s wife were sufficient proof of service under T.R.C.P. 4.04(10) and T.C.A. § 67-5-2415(e)(1), and granted summary judgment to the tax sale purchaser of the property and the other Defendants. Plaintiff argues on appeal that he was not served properly with process, first arguing that he was not served at all and then arguing that the statutory service procedure relied upon by the Trial Court violates due process. The judgment of the Trial Court is affirmed.
Hamilton
Court of Appeals
Daughters of Charity, d/b/a Saint Thomas Hospital v. Brenda Boyd M1999-00443-WC-R3-CV
Authoring Judge: James L. Weatherford, Senior Judge
Trial Court Judge: HONORABLE CAROL SOLOMAN
This worker's compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _50-6-225(e) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer, Saint Thomas Hospital, insists (1) that trial judge erred in failing to dismiss the employee's mental injury claim, (2) the trial judge erred by awarding permanent partial disability benefits to employee based on a 55% vocational disability to the body as a whole, (3) the trial judge erred in awarding discretionary costs to the employee and failing to award discretionary costs to the employer, and (4) the trial court erred in awarding employee medical expenses related to her treatment by medical providers not authorized by the employer.
