Josephine Brown, Whitfield Brown, and Earline Culp, v. Dr. Kenneth Kudsk and UT Medical Group, Inc.
02A01-9611-CV-00291
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Robert L. Childers

This is an appeal from a summary judgment in a medical malpractice case. The trial 2 court entered an order of summary judgment on behalf of Defendant, Dr. Kenneth Kudsk (“Dr. Kudsk”). Plaintiffs, Josephine Brown ( “Brown”), Whitfield Brown, and Earline Culp, appeal the judgment citing, inter alia, errors in the trial court’s granting of summary judgment when the Plaintiffs’ expert affidavits and deposition testimony were proper responsive proof to the Defendant’s motion for summary judgment. For reasons stated herein, we affirm the trial court’s judgment.

Wigginton vs. Wigginton
01A01-9704-CH-00163

State, ex. rel. Rion vs. Rion
01A01-9704-CV-00194
Trial Court Judge: Muriel Robinson

Patricia A. Anderson v. Hartsville Convalescent Center, et al.
01S01-9703-CH-00070
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon.

Timothy P. Mullinax v. Wabash Alloys & Cigna Ins. Co.
01S01-9702-CV-00034
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Allen Wallace,
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. The employer and its insurer contend the evidence preponderates against the trial court's finding that the employee has a ten percent permanent medical impairment and in favor of a finding that the employee has a five percent medical impairment rating. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Mullinax, suffered a compensable low back injury on August 3, 1995, when he was hit in the head by a steel beam and knocked ten or fifteen feet onto his back. He was referred by the employer to a chiropractor, who referred him to Dr. Verne Allen for treatment of pain in his left shoulder and arm, low back pain and problems with his hips and legs. The doctor ordered an MRI and myelogram, restricted him from lifting more than forty pounds occasionally or twenty pounds repetitively, and assessed his permanent medical impairment at five percent to the whole body, without performing any range of motion tests. He told the claimant there was nothing anybody could do for him. The claimant was referred, apparently by his attorney, to Dr. Robert Barnett, for examination and evaluation. After considering the claimant's history, results of scientific tests and range of motion tests, Dr. Barnett restricted the claimant from any heavy lifting, repetitive lifting, bending, stooping, bending or squatting, and assessed his permanent impairment at ten percent to the whole body. Both doctors based their opinions on appropriate guidelines and both are eminently qualified experts in their fields of specialty. Dr. Allen is board certified in neurological surgery, Dr. Barnett in orthopedic surgery. The trial judge accepted the opinion of Dr. Barnett and rejected that of Dr. Allen. Appellate review of a finding of fact in a workers' compensation case is de novo upon the record of the trial court, accompanied by a presumption of correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Accordingly, we have conducted an independent examination of the record to determine where the preponderance of the evidence lies.

State vs. Ray Anthony Bridges
02S01-9606-CC-00053

State vs. Clyde Edgeston
02C01-9611-CC-00413

State vs. Reginald Thompson
02C01-9611-CR-00380

State vs. Richard Patterson , et al
02C01-9702-CC-00074

Hawks vs. City of Westmoreland
01S01-9704-CV-00083

State vs. Keith Henderson
02C01-9707-CR-00263
Trial Court Judge: Carolyn Wade Blackett

Hammock vs. Sumner Co.
01A01-9710-CV-00600
Trial Court Judge: Henry F. Todd

State vs. Carla Smith
01C01-9701-CC-00033
Trial Court Judge: John H. Gasaway, III

Turnbo vs. Turnbo
01A01-9307-CH-00314
Trial Court Judge: Jim T. Hamilton

Stewart vs. HCA Health Services
01A01-9603-CV-00111
Trial Court Judge: Thomas W. Brothers

Farmer vs. Dept. of Children Svcs.
01A01-9610-JV-00485
Trial Court Judge: William B. Cain

Williams vs. Comer
01A01-9701-CH-00008
Trial Court Judge: Thomas E. Gray

01A01-9701-CH-00035
01A01-9701-CH-00035
Trial Court Judge: Tyrus H. Cobb

Bragg vs. Metro Gov't.
01A01-9703-CV-00111
Trial Court Judge: Hamilton V. Gayden, Jr.

Barnett vs. Barnett
01A01-9704-CV-00187
Trial Court Judge: Muriel Robinson

Steiner vs. The Parman Corp.
01A01-9705-CV-00233

Estis, et. al. vs. Kelley, et. al.
01A01-9709-CV-00513
Trial Court Judge: Robert L. Jones

State vs. Boston
03C01-9611-CR-00401

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

State vs. John Justice
02C01-9612-CC-00448
Trial Court Judge: Joseph H. Walker, III