Jeffrey White v. Nissan North America, Inc., et al
M2009-02189-SC-WCM-WC
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge Royce Taylor

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Jeffrey White (“Employee”) sustained work-related injuries while employed by Nissan North America, Inc. (“Employer”). He returned to work after each injury and settled both claims. In 2005, he was terminated, allegedly for failure to comply with Employer’s policies concerning medical leave. He filed for reconsideration of his previous settlements, as permitted by Tennessee Code Annotated section 50-6- 241(a)(2). Employer contended that he had been terminated for misconduct and was not eligible for reconsideration. Following a full trial, the trial court found that Employee was eligible for reconsideration, but that Employee failed to prove that his industrial disability was greater than the amount of the settlements. Employee filed a motion to alter or amend pursuant to Tenn. R. Civ. P. 59.04, requesting that the trial court permit the taking and presentation of additional evidence. The trial court granted the motion. After a second trial, the trial court awarded additional permanent partial disability (“PPD”) benefits. Employer has appealed. We conclude that the trial court erred in granting the motion to alter or amend and reverse the judgment.

Rutherford Workers Compensation Panel

Betty Graham v. Sequatchie Valley Emergency Medical Services, Inc., et al
M2009-02444-SC-WCM-WC
Authoring Judge: Senior Judge Walter C. Kurtz
Trial Court Judge: Judge Thomas W. Graham

The employee filed a pro se post-judgment petition alleging that her employer had improperly denied court-ordered medical benefits to her, and she sought damages. Her employer moved to dismiss based upon expiration of the statute of limitations and other grounds. The employee contended that she was incompetent for an extended period of time after the alleged denial of medical care and that the limitation period was therefore tolled. The trial court held that her petition was barred by the statute of limitations and dismissed it. The employee has appealed from this decision. We affirm the judgment.

Marion Workers Compensation Panel

Cheryle Darlene Goodwin v. United Parcel Service, Inc., et al
M2010-01134-SC-WCM-WC
Authoring Judge: Senior Judge Jon Kerry Blackwood
Trial Court Judge: Chancellor Ronald Thurman

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee sustained a compensable injury. She returned to work for her employer in the same job, at the same hourly wage. However, her earnings were reduced because she declined offers of additional work, which she had usually accepted before her injury. She declined these offers because she could no longer safely perform them. The trial court held that she did not have a meaningful return to work, and awarded benefits in excess of one and one-half times the impairment. Her employer has appealed, asserting that the trial court erred by finding that she did not have a meaningful return to work. We affirm the judgment.

White Workers Compensation Panel

State of Tennessee v. Tony Ray Billings
M2010-00624-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Seth Norman

A Davidson County jury convicted the Defendant, Tony Ray Billings, of aggravated robbery, and the trial court sentenced him as a Range II, Multiple Offender to fourteen years in the Tennessee Department of Correction (“TDOC”). On appeal, the Defendant contends that: (1) the trial court erred when it allowed the State to amend the indictment; (2) the trial court committed plain error when it denied the Defendant’s motion to exclude identification testimony; and (3) the evidence is insufficient to sustain his conviction. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

Davidson Court of Criminal Appeals

State of Tennessee v. Larry Randall Henry, II
M2010-01175-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee Russell

A Bedford County jury convicted the Defendant, Larry Randall Henry, II, of aggravated burglary, and the trial court sentenced him to nine years in the Tennessee Department of Correction (“TDOC”). On appeal, the Defendant contends that the evidence is insufficient to support his conviction and that the trial court erred when it set the length of his sentence. Having reviewed the record and applicable law, we affirm the trial court’s judgment.

Bedford Court of Criminal Appeals

Loyd Davis v. Praetorian Insurance Company
W2010-00438-SC-WCM-WC
Authoring Judge: Judge Tony A. Childress
Trial Court Judge: Judge C. Creed McGinley

Employee, a truck driver, sustained an on-the-job injury during a motor vehicle accident. The treating physician assigned 7% anatomical impairment to the body as a whole due to the injury. Employee’s evaluating physician assigned 17%. The trial court adopted the latter impairment and awarded 60% permanent partial disability. The employer has appealed.1 We affirm the judgment of the trial court.

Hardin Workers Compensation Panel

Kara Barnes v. Pinnacle Foods Group, LLC, et al.
W2009-01995-SC-WCM-WC
Authoring Judge: Senior Judge Donald P. Harris
Trial Court Judge: Chancellor James F. Butler

In this workers’ compensation action, the employee sustained bilateral carpal tunnel syndrome as a result of her employment. She had two surgeries on her left arm to treat the condition. Prior to reaching maximum medical improvement, she voluntarily retired. The trial court found that her retirement was reasonably related to her work injuries, and therefore the statutory limit to permanent partial disability benefits contained in Tennessee Code Annotated section 50-6-241(d)(1)(A) did not apply to her award. The employer, Pinnacle Foods Group, appealed. We affirm the judgment of trial court.

Madison Workers Compensation Panel

James M. Flinn v. Jon K. Blackwood
E2010-00667-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Donald P. Harris

Plaintiff filed a cause of action against Defendant judge, alleging Defendant wrongfully refused to grant his petition for writ of habeas corpus. The trial court dismissed the action. We affirm.

Anderson Court of Appeals

Alicia Mathes, et al v. DRD Knoxville Medical Clinic, et al
E2010-01809-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Dale C. Workman

This is an appeal from the trial court’s grant of separate motions to dismiss for failure to state a claim upon which relief can be granted. The trial court determined that Appellants had failed to comply with the written notice and certificate of good faith requirements of the Tennessee Medical Malpractice Act, and had failed to state a claim for vicarious liability based on theories of agency or joint venture. We affirm in part, reverse in part, and remand, concluding that Appellants’ claims of direct negligence do not sound in medical malpractice, but that Appellants failed to state a claim upon which relief can be granted with respect to vicarious liability based on agency or joint venture.

Knox Court of Appeals

Kathleen Evans v. Shaw Industries Group, Inc.,
M2009-02588-SC-WCM-WC
Authoring Judge: Special Judge Jerri S. Bryant
Trial Court Judge: Chancellor Jeffrey F. Stewart

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Kathleen Evans (“Employee”) alleged that she sustained an injury to her knee while at work. Her employer, Shaw Industries, (“Employer”) denied the claim, contending that the injury could not have happened in the manner described by Employee. The trial court held that Employee had a compensable injury and awarded permanent partial disability (“PPD”) benefits. Employer has appealed. We affirm the judgment.

Franklin Workers Compensation Panel

Stanley Jenkins v. Yellow Transportation, Inc.,
M2009-02471-SC-WCM-WC
Authoring Judge: Senior Judge Jon Kerry Blackwood
Trial Court Judge: Chancellor Robert E. Corlew, III

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. In this action, Stanley Jenkins (“Employee”) sustained a compensable injury to his left leg in the course and scope of his employment with Yellow Transportation, Inc. (“Yellow Transportation”). Employee settled his workers’ compensation claim with Yellow Transportation and returned to work. A few months later, Yellow Transportation merged with another corporation to create YRC Inc. (“YRC”), a completely new corporation. After the merger, Employee was laid off due to an economic downturn and thereafter sought reconsideration of his earlier settlement. The trial court ruled that Employee was no longer employed by his pre-injury employer after the merger and was entitled to reconsideration under Tennessee Code Annotated section 50-6-241. The trial court awarded him additional permanent partial disability benefits. Yellow Transportation has appealed, arguing that Employee is not entitled to reconsideration. We affirm the judgment of the trial court.

Rutherford Workers Compensation Panel

State of Tennessee v. Chad Allen Kirk
E2010-01042-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge David R. Duggan

The Defendant, Chad Allen Kirk, pled guilty to one count of driving on a suspended license, a Class B misdemeanor, in the Blount County General Sessions Court. See Tenn. Code Ann. § 55-50-504(a)(1). The General Sessions Court sentenced the Defendant to six months with 75 percent of the sentence to be served in confinement. The Defendant appealed the decision to the Blount County Circuit Court, which dismissed the appeal and remanded the case back to the General Sessions Court for execution of the judgment. In this appeal as of right, the Defendant contends that the Circuit Court failed to conduct a de novo review of the sentence. Following our review, we reverse the decision of the Circuit Court and remand the case for a new sentencing.

Blount Court of Criminal Appeals

State of Tennessee v. Bronche Blair
W2010-01285-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roger A. Page

The defendant, Bronche Blair, was convicted by a Madison County Circuit Court jury of second degree murder, a Class A felony, and was sentenced as a Range I, violent offender to twenty-five years in the Department of Correction. On appeal, he argues that the evidence was insufficient to sustain his conviction and that the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Leonard Lamont Currie
W2010-01702-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joe H. Walker

The defendant, Leonard Lamont Currie, was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range II, multiple offender to eight years in the Department of Correction. On appeal, he argues that the evidence was insufficient to support the jury’s rejection of his claim of self-defense. Following our review, we affirm the judgment of the trial court.

Tipton Court of Criminal Appeals

Carl A. Baker v. Antoinette Welch
M2010-01291-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Joseph P. Binkley, Jr.

Defendant in malpractice action was granted summary judgment. Plaintiff filed two motions seeking to set aside the grant of summary judgment, which were denied. Plaintiff appealed. We reverse for reconsideration of the motion filed within 30 days of entry of the judgment under Tenn. R. Civ. P. 59.

Davidson Court of Appeals

Carl A. Baker v. Antoinette Welch
M2010-01291-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Joseph P. Binkley, Jr.

Defendant in malpractice action was granted summary judgment. Plaintiff filed two motions seeking to set aside the grant of summary judgment, which were denied. Plaintiff appealed. We reverse for reconsideration of the motion filed within 30 days of entry of the judgment under Tenn. R. Civ. P. 59.

Davidson Court of Appeals

Cynthia Lynn Liner v. Robert Clifford Liner, Jr.
M2010-00582-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge J. Mark Rogers

In a divorce action, Husband appeals the trial court’s classification of the residence he owned before the parties’ marriage as marital property and its award of one-half of the equity in the residence to Wife. We affirm.

Rutherford Court of Appeals

State of Tennessee v. Danny Ray Smith
M2009-02275-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Steve R. Dozier

The Defendant, Danny Ray Smith, was convicted of four counts of aggravated sexual battery, a Class B felony, and three counts of rape of a child, a Class A felony. See Tenn. Code Ann. §§ 39-13-504, 522. In this appeal as of right, the Defendant contends that (1) the trial court erred by allowing the victim to testify about instances of sexual contact between her and the Defendant other than those charged in the indictment; (2) the trial court erred by allowing a videotape of the victim’s forensic interview to be played for the jury; (3) the trial court erred by allowing the State to cross-examine the Defendant about an expunged criminal conviction; (4) the evidence was insufficient to sustain the Defendant’s conviction on count two of the indictment because the State’s proof materially varied from the allegations in the indictment; (5) the trial court erred in denying the Defendant’s motion for a judgment of acquittal on counts two, six, and seven; (6) the trial court erred by denying the Defendant’s motion for a new trial which was based on newly discovered evidence; and (7) the trial court erred by imposing partial consecutive sentences. Following our review, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

In the Matter of: LaPorsha S.
W2010-02135-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Clayburn Peeples

This appeal involves a dispute over the placement of a child formerly in the custody of the Department of Children’s Services. Because the child turned eighteen years old during the pendency of these proceedings, this appeal is moot and must be dismissed.

Gibson Court of Appeals

Dion Jones v. Melissa Rodriguez, et al.
M2010-00366-WC-R3-WC
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge J. Mark Rogers

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. After the employee sustained an on the job injury, she sued her employer for workers’ compensation benefits. She alleged that her employer was a subcontractor for the principal contractor but she sued only the employer, not the principal contractor. Nearly two years later, the employee requested and received the trial court’s permission to amend her complaint to add the principal contractor as a defendant. The principal contractor filed a motion to dismiss based upon the expiration of the applicable statute of  limitations. The trial court granted the motion. After a trial, the trial court awarded the employee judgement for workers’ compensation benefits against the employer. The employee appealed, contending that the trial court erred by granting the principal contractor’s motion to dismiss. We affirm the judgment.

Rutherford Workers Compensation Panel

State of Tennessee v. Gary Wayne McCullough
E2010-01126-CCA-R9-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Jon Kerry Blackwood

Following a preliminary hearing in Hamilton County General Sessions Court, a Hamilton County grand jury charged the defendant, Gary Wayne McCullough, with operating a boat without lights, see T.C.A. § 69-9-209 (2004), boating under the influence, see id. § 69-9- 217(a), violating the implied consent law, see id. § 69-9-217(f)(1), and simple possession of marijuana, see id. § 39-17-418 (2006). In the trial court, the defendant contended in a motion to dismiss the indictment that the actions of the Tennessee Wildlife Resources Agency (TWRA) in setting their own cases in a disproportionate number before certain general sessions judges constituted “judge-shopping” and resulted in a violation of the defendant’s due process rights. Following an evidentiary hearing on the defendant’s motion, the trial court agreed and remanded the case for a new preliminary hearing before a division of the general sessions court not implicated by the judge-shopping allegation. On interlocutory appeal, the defendant contends that the trial court should have dismissed his indictment with prejudice instead of remanding the case for a new preliminary hearing. The State contends that the trial court erred in dismissing the indictment and remanding the case. Because we conclude that the trial court’s findings of fact are not supported by the record, we reverse the judgment of the trial court and direct the trial court to reinstate the indictment on remand.

Hamilton Court of Criminal Appeals

Easter Baugh v. Barbara Thomas, et al.
M2010-01054-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Walter C. Kurtz

Nephew of grantor of quitclaim deed conveying property to grantor’s sister appeals the declaration that the deed was null and void based on a finding that the nephew exercised undue influence on grantor. Finding that the evidence does not preponderate against the trial court’s finding of a confidential relationship between grantor and nephew and in light of nephew’s failure to rebut the presumption of undue influence raised thereby, we affirm the judgment of the trial court.

Coffee Court of Appeals

State of Tennessee v. Anthony D. Forster
M2002-0008-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Seth Norman

A Davidson County grand jury indicted the Defendant, Anthony D. Forster, for four counts of robbery related charges stemming from two incidents. The Defendant was convicted of one count of especially aggravated robbery, acquitted on the remaining charges, and the trial court sentenced the Defendant to twenty-two years in prison. On appeal, the Defendant claims that:(1) the Defendant was denied his right to a speedy trial; (2) the evidence was insufficient to support his conviction; (3) the trial court erred in failing to sever the offenses; (4) the trial court erred in failing to compel the State to comply with Rule 16 of the Tennessee Rules of Criminal Procedure; and (5) the trial court improperly sentenced the Defendant. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment.

Davidson Court of Criminal Appeals

State of Tennessee v. Michael R. Smart
M2009-02262-CCA-R3-CCA
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Lee Russell

Following a jury trial, the Defendant, Michael R. Smart, was found guilty of sale of a Schedule VI controlled substance, a Class E felony; delivery of a Schedule VI controlled substance, a Class E felony; and simple possession of a Schedule VI controlled substance, a Class A misdemeanor. The trial court merged the sale and delivery convictions and sentenced the Defendant to 2 years for the Class E felony conviction and a consecutive 11 months and 29 days for the Class A misdemeanor conviction. In this appeal as of right, the Defendant contends (1) that the trial court erred in allowing the State to impeach him with his prior conviction of receiving stolen property; (2) that the trial court erred in failing to include the requested defense of entrapment in the jury instructions; and (3) that the trial court erred in sentencing him. Following our review, we affirm the judgments of the trial court.

Bedford Court of Criminal Appeals

Michael Angelo Coleman v. State of Tennessee
W2007-02767-SC-R11-PD
Authoring Judge: Justice William C. Koch, Jr.
Trial Court Judge: Judge W. Mark Ward

This appeal involves the role of expert testimony in proceedings to determine whether a prisoner who has been sentenced to death is intellectually disabled and thus barred from being executed under Tenn. Code Ann. § 39-13-203 (2010). An inmate facing execution filed a motion in the Criminal Court for Shelby County to re-open his post-conviction proceedings on the ground that he was intellectually disabled at the time he committed the crime for which he was convicted and on the ground that his trial counsel had been ineffective in investigating and presenting mitigating evidence. At the hearing, the prisoner presented expert testimony that his functional intelligence quotient (“I.Q.”) was actually lower than the raw test scores on his I.Q. tests and that he was mentally disabled for the purpose of Tenn. Code Ann. § 39-13-203(a). The State presented no contrary evidence. The trial court dismissed the prisoner’s motion to re-open his post-conviction petition after concluding that he had failed to prove that he was intellectually disabled and that he was procedurally barred from raising his ineffective assistance of counsel claim. The Court of Criminal Appeals affirmed the judgment of the trial court. Coleman v. State, No. W2007-02767-CCA-R3-PD, 2010 WL 118696 (Tenn. Crim. App. Jan. 13, 2010). We granted the prisoner’s Tenn. R. App. P. 11 application for permission to appeal. We find that Tenn. Code Ann. § 39-13-203(a)(1) does not require that raw scores on I.Q. tests be accepted at their face value and that the courts may consider competent expert testimony showing that a test score does not accurately reflect a person’s functional I.Q. or that the raw I.Q. test score is artificially inflated or deflated. We have also determined that both the post-conviction trial court and the Court of Criminal Appeals properly determined that the prisoner’s claim involving the ineffective assistance of his trial counsel in connection with the investigation and presentation of mitigation evidence is procedurally barred. 

Shelby Supreme Court