Cunningham vs. Dept. of Saftey
01A01-9509-CH-00411
Trial Court Judge: Irvin H. Kilcrease, Jr.

Hepp vs. Joe B's & Schultz
01A01-9604-CV-00183
Trial Court Judge: James E. Walton

Stroud vs. Stroud
01A01-9607-CH-00291
Trial Court Judge: Jim T. Hamilton

Thomas G. Honeycutt, and wife Fanny M. Honeycutt, b. Bobby Jerald Price and wife, Betty J. Price
03A01-9610-CH-00329
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Frederick D. McDonald

Defendants Bobby Jerald Price and his wife Betty J. Price, appeal a judgment of the Chancery Court for Knox County wherein the Court fixed the boundary line between property owned by them and property owned by Plaintiffs Thomas G. Honeycutt and his wife, Fanny M. Honeycutt, in accorance with the Honeycutts' insistence. (See Appendix.)

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Tommye Johnson vs. Edward Johnson, Sr.
02A01-9609-Cv-00217
Trial Court Judge: George H. Brown

Marilyn Morgan vs. Velma McCrory
02A01-9604-CV-00072
Trial Court Judge: Robert A. Lanier

Deborah Tuggle vs. Shelby Co. Government, et al
02A01-9606-CV-00147
Trial Court Judge: George H. Brown

02C01-9509-CC-00259
02C01-9509-CC-00259

State vs. Maurice Garner
02C01-9508-CR-00223
Trial Court Judge: Arthur T. Bennett

State vs. Christopher Prentiss
02C01-9604-CR-00112
Trial Court Judge: Joseph B. Brown

03C01-9311-CR-00363
03C01-9311-CR-00363
Trial Court Judge: Edgar P. Calhoun

State vs. Nail
03C01-9406-CR-00197
Trial Court Judge: Paul A. Swafford

State vs. Henry Eugene Hodges
01S01-9505-CR-00080

Stein vs. Davidson Hotel Company
01S01-9610-CV-00202

State vs. Lowery
03C01-9604-CC-00146
Trial Court Judge: William R. Holt

State vs. Johnson
03C01-9606-CC-00214
Trial Court Judge: E. Eugene Eblen

State vs. Teague
03C01-9601-CC-00027

Kite vs. Kite
03S01-9610-CH-00099

State vs. Beeler
03C01-9607-CC-00264
Trial Court Judge: Frank L. Slaughter

Eddie Bryant v. Opryland USA, Inc., et al.
01S01-9611-CH-00231
Authoring Judge: Frank F. Drowota, III, Justice
Trial Court Judge: Hon. Alex W. Darnell,
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 defendants in this appeal contend that the Chancellor's award of benefits to the plaintiff on the basis of a percentage to the body as a whole was error in light of the proof which established injuries only to both of plaintiff's arms which are scheduled members. The panel concludes that the award of benefits on the basis of sixty percent to the body as a whole should be modified to provide for an award of sixty percent to both arms. Tenn. Code Ann. _ 5-6-27(3)(A)(ii)(w) (1996 Supp.) The judgment of the trial court is therefore affirmed as modified. The plaintiff, Eddie Bryant, was thirty-six years old at the time of trial. Following his graduation from high school, Bryant served three years in the Navy and received training as a mechanic in diesel repair and in boiler repair. He completed three different training courses at Gravely Equipment, Briggs Equipment School and Echo Power Equipment. Subsequent to his discharge from the Navy, Bryant began working for the defendant Opryland as a mechanic in the horticulture department. Although Bryant was also in charge of the trash crew and performed some tree trimming, his primary job was that of mechanic. In 1992, Bryant began dropping tools and experiencing numbness in his hands. Bryant first saw Dr. Steven Salyers, a medical doctor who specializes in orthopedics, on September 18, 1992. Based upon testing and examination of Bryant, Dr. Salyers diagnosed Bryant as having carpal tunnel syndrome in his right hand. Initially, Dr. Salyers prescribed conservative treatment for Bryant, however, that treatment proved unsuccessful. On January 28, 1993, Dr. Salyers performed corrective release surgery on Bryant's right wrist. Bryant returned to work on light duty, but began experiencing pain and discomfort in his left hand. Electrodiagnostic studies done on March 12, 1993 revealed mild carpal tunnel syndrome. Dr. Salyers -2-

Earl Barrett v. City of Lebanon, et al.
01S01-9608-CH-00158
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Charles K. Smith,
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 plaintiff is a 4-year-old man whose work experience has essentially been limited to manual labor. On August 2, 1994, during the course and scope of his employment by the City of Lebanon and while using a jackhammer, he sprained a neck muscle while attempting to dislodge the implement. He returned to light duty on February 6, 1995 and full duty on March 2, 1995. The issue is whether the evidence preponderates against the judgment of the trial court that the plaintiff retained a 12.5% permanent partial disability to his body as a whole as a result of the cervical strain. Our review is de novo on the record with the presumption of the correctness of the judgment unless the evidence otherwise preponderates. T.C.A. _ 5-6-225(e)(2) and TENN. R. CIV. P. 13(d). The treating physician was Dr. W. Garrison Strickland, board-certified in psychiatry and neurology. His examination and testing revealed mild degenerative changes in the cervical spine. He testified that the results of a functional capacity evaluation were inconsistent, meaning that the plaintiff's efforts were not always sincere. Dr. Strickland declined to state an opinion as to whether the plaintiff had any impairment because there were no objective findings and the functional capacity evaluation was inconsistent. The plaintiff was referred to Dr. Jack Fishbein, an orthopedic surgeon, by his attorney. He saw the plaintiff only on one occasion and testified that he found muscle tightness and limited range of motion with pain radiating from the right shoulder. He assessed 5% impairment to the body as a whole. The trial judge found the testimony of Dr. Fishbein to be more credible than the testimony of Dr. Strickland, who, as stated, declined to state an opinion because he found no objective symptoms and does not give impairment ratings if the functional capacity evaluation is inconsistent. 2

Herbert Earl Carter v. Itt Hartford
01S01-9606-CH-00111
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon.

Naomi Gentry v. Lumbermens Mutual Co., et al.
01S01-9608-CH-00165
Authoring Judge: William H. Inman, Senior Judge