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| Walter Hanselman, Jr. vs. Linda Hanselman
M1998-00919-COA-R3-CV
This appeal involves a father's effort to reduce his child support and spousal support obligations. Approximately one year after the parties were divorced, the father filed a petition in the Hickman County Chancery Court seeking a downward modification of his support obligations because his income had declined due to his employer's cutbacks in the availability of overtime work. Following a bench trial, the trial court denied the father's petition because he had failed to establish a significant variance in his child support obligations and because he had failed to demonstrate that a substantial and material change in the parties' circumstances warranting a reduction in spousal support had occurred. We agree with the trial court's findings and affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 03/15/01 | |
| Methodist Hospital of Dyersburg, Inc., v. Linda Ams
W2000-01569-WC-R3-CV
The employer-appellant contends the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded that the evidence preponderates against an award based on five times the undisputed medical impairment rating.
Authoring Judge: Loser, Sp. J.
Originating Judge:Lee Moore, Judge |
Dyer County | Workers Compensation Panel | 03/15/01 | |
| Millisa Martinez, Ind., & Ex Rel Aaron Chavez, et al vs. Charles Martinez, et al
E2000-01990-COA-R3-CV
This case presents a question of first impression. We are asked to decide whether, and, if so, under what circumstances, a driver who motions to another driver intending to turn left in front of the signaling driver can be assigned fault in the event of a resulting accident. In the instant case, the trial court granted the signaling driver summary judgment, finding on the facts before it that there could be no liability. We find that summary judgment is not appropriate and accordingly vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/15/01 | |
| State of Tennessee v. Suzanne C. Douglas
M2000-01646-CCA-R3-CD
The defendant appeals from her conviction for driving under the influence, contesting the sufficiency of the indictment. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Criminal Appeals | 03/15/01 | |
| Lavonda Cable vs. Lowe's of Johnson City, Inc.
E2000-01075-COA-R3-CV
Lowe's of Johnson City, Inc., filed a Rule 60 motion seeking to set aside a default judgment rendered against it on the grounds of mistake, inadvertence or excusable neglect. The Trial Court overruled the motion and Lowe's appeals. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 03/15/01 | |
| Tax The Costs on Appeal To The Appellant, James v. Doramus, on Behalf of Elizabeth Nicoll
M2000-01928-COA-R3-CV
Originating Judge:Ben H. Cantrell |
Sumner County | Court of Appeals | 03/15/01 | |
| In the Matter of Ray Allen Smith
E2000-00321-COA-R3-CV
This is a suit by an inmate to have his last name changed to that of his mother's maiden name. Upon the incarcerated Petitioner not appearing when the case was called for trial, it was dismissed. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 03/15/01 | |
| Patricia Baker vs. Tiffany Hooper, et al
E2000-01615-COA-R3-CV
Plaintiff appeals the Court's modification of her non-competition agreement with defendants and the amount of damages awarded, as well as the Court's refusal to recuse. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell E. Simmons, Jr. |
McMinn County | Court of Appeals | 03/15/01 | |
| Kathy Riley v. The Travelers Insurance Company
W2000-01738-WC-R3-CV
The employer's insurer, Travelers, insists the employee's injury did not arise out of the employment and that the award of permanent partial disability benefits based on 55 percent to the right leg is excessive. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr, Sp. J.
Originating Judge:Martha B. Brasfield, Chancellor |
Lauderdale County | Workers Compensation Panel | 03/15/01 | |
| Chad Conatser v. Metro Ready Mix,
M2005-00814-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 5-6-225(e)(3), for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Plaintiff alleged a cervical injury apparently owing to two separate events, including an injury sustained while exercising on the job, and another injury occurring when the truck he was driving ran into a hole and bounced him upward, jamming his neck. A number of medical physicians found no basis for his complaint. A chiropractic physician, by a range of motion study, opined that he retained a 26 percent impairment. The trial court found that the Plaintiff retained percent disability as a result of his work related injury on July 22, 2, and we affirm. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed WILLIAM H. INMAN, SR. J., in which CORNELIA A. CLARK, J., and ROBERT E. CORLEW III, SP. J., joined. Robert L. Huskey, Manchester, Tennessee, attorney for Appellant, Chad Conatser. Bree A. Taylor, Nashville, Tennessee, attorney for Appellee, Metro Ready Mix and Lumberman's Underwriting Alliance. MEMORANDUM OPINION This complaint was filed on March 15, 21, alleging that the Plaintiff sustained a compensable injury to his neck and cervical spine on or about April 1, 2 during the course and scope of his employment as a truck driver. It appears that the Plaintiff first injured his neck while doing on-the-job exercises at a gym provided by the Employer. The Plaintiff was not treated for any injuries occurring as a result of this incident. Testimony revealed that while driving a ready-mix concrete truck on July 22, 2, the Plaintiff ran into a depression which jolted him vertically, with his head striking the roof of the cab resulting in a cervical injury1 of a disputed nature. A supervisor took the Plaintiff to the emergency room immediately following this incident, where he was treated and released. About six weeks after the described incident occurred, the Plaintiff sought medical attention from Dr. Thomas O'Brien, an employer-approved orthopedic specialist2. Dr. O'Brien sent the Plaintiff to physical therapy and placed him on light duty from October 23, 2 until November 1, 2, when he was released at maximum medical improvement. Dr. O'Brien opined that the Plaintiff retained a percent permanent partial impairment rating. He saw Dr. O'Brien a total of three times, and asked to see a different physician. He then saw Dr. J. Keith Nichols, also an orthopedic specialist, on two occasions. Dr. Nichols treated the Plaintiff with injections and physical therapy, but declined to impose any work restrictions on him. Dr. Nichols released the Plaintiff on December 5, 2, noting subjective complaints with no objective findings of abnormality. He released the Plaintiff at maximum medical improvement, gave him a permanent partial impairment rating of percent, and testified that he could continue in his normal job activities. Both doctors indicated that the Plaintiff's neurological exams were normal, and that any problem he was having would resolve over time. The Plaintiff continued to drive a concrete redi-mix truck, and began to have "little accidents" as he described, like backing into a guy wire and into a tree because he was unable to turn his head, owing to stiffness in his neck. He was fired on August 1, 21, apparently due to his inability to continue to drive a concrete truck safely. The Plaintiff, of his own volition, then saw Dr. Jeffrey McKinley, a chiropractor, on February 28, 21. He performed a range of motion study on the Plaintiff, using the Fourth Edition of the Guidelines, because he did not have the Fifth Edition, which was then current.3 Dr. McKinley testified that the Plaintiff never mentioned the July 2 or July 21 injuries during the course of his treatment, that his opinion was based exclusively on the April 1, 2 incident, and has nothing to do with subsequent injuries. He admitted that had he known about the subsequent injuries, it would have "had an impact". He last saw the Plaintiff on September 13, 21. Dr. McKinley opined 1 The Plaintiff filed another complaint, docket 2-32, which is not in the record. We are able to deduce, however, that he alleged back injuries sustained in an accident which occurred in July 21, four months after the complaint was filed in the case at bar. The cases were consolidated for trial. Judgment was entered in docket 2-32, dismissing the complaint and holding that the Plaintiff was not newly injured, and suffered no aggravation of a pre- existing injury. The judgment was not appealed. In point of fact, the Plaintiff testified that he was not injured, and the record does not explain why the suit was filed. See, Tenn. R. Civil P. Rule 11. 2 Although the Plaintiff contends that he was not afforded the opportunity to choose from a panel of physicians, his signature appears on a page listing three authorized physicians from which to choose, including Dr. O'Brien. 3 Dr. McKinley later compared the Fourth and Fifth Editions, and concluded that there is no difference in the ratings assigned based upon the range of motion model between the two editions of the AM A guides. -2-
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Royce Taylor, Judge |
Coffee County | Workers Compensation Panel | 03/15/01 | |
| State of Tennessee v. Sherman Shaw
W2000-00384-CCA-R3-CD
A Shelby County jury convicted the defendant of aggravated robbery. The trial court sentenced him to 15 years as a Range II multiple offender. In this appeal, the defendant alleges (1) the trial court erroneously admitted the defendant's custodial statement; (2) the evidence was insufficient to sustain the defendant's conviction; (3) the cumulative effect of the trial court's errors requires a new trial; and (4) the defendant's sentence is excessive. After a thorough review of the record, we affirm the judgment and sentence imposed by the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| Eddie Phifer v. Board of Parole
M2000-01509-COA-R3-CV
This is a pro se appeal from a denial of parole. Mr. Phifer alleges several problems surrounding his parole hearing that he claims violate his due process and equal protection rights and violate the ex post facto constitutional prohibition. Because a prisoner has no liberty interest in release on parole before the expiration of his sentence, due process protections do not attach to parole determinations. Because at the time of Mr. Phifer's crime and conviction, the law regarding parole gave total discretion to the Board and authorized denial if the Board found that parole would depreciate the seriousness of the crime committed, changes in Board procedure do not violate ex post facto prohibitions. Because the Board has provided a rational basis for denying in-person interviews for prisoners housed out of state, no equal protection violation was shown. Consequently, we affirm the trial court's dismissal of the petition for failure to state a claim upon which relief may be granted.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/14/01 | |
| State of Tennessee v. C. Curtis Brown
W1999-01933-CCA-R3-CD
The defendant, after having his authority to write bonds in the 30th Judicial District revoked, appeals the trial court's decision and asserts that there was insufficient evidence to support the trial court's findings. Furthermore, the defendant asserts that the trial court's action was excessive. After review, we affirm the trial court in all respects.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| Larry W. Hopkins vs. Bd. of Paroles
M2000-01956-COA-R3-CV
This appeal involves a prisoner's efforts to be paroled from his sentence for aggravated rape. After the Tennessee Board of Paroles declined for the sixth time to parole him, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court challenging the Board's latest decision and the procedure used to reach it. The trial court dismissed the petition for failure to state a claim upon which relief could be granted, and the prisoner has appealed. We affirm the trial court's decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/14/01 | |
| Joseph Turley vs. Francis P. Marino, et al
M2000-01684-COA-R3-CD
Appellant, Joseph Turley, was charged with two counts of criminal contempt by the trial court in an order issued May 3, 2000. The trial court appointed a special prosecutor to pursue this matter and appointed the public defender to represent the appellant. The trial on June 15, 2000 resulted in a trial court finding of guilty, after which the appellant was sentenced to 48 hours in jail. Turley appeals, and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 03/14/01 | |
| Don Williams vs. Donal Campbell
M2000-01821-COA-R3-CV
A prison disciplinary board extended the release eligibility date of an inmate, after finding him guilty of assaulting a guard. He filed a petition for writ of certiorari which challenged the method used by the Department of Correction to calculate his new release eligibility date. The trial court dismissed the petition. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/14/01 | |
| Arthur Armstrong, a/k/a Haki Al-Bey vs. Dept. of Correction, et al
M2000-02328-COA-R3-CV
An inmate who was found guilty of three disciplinary infractions challenged those convictions by filing a Petition for Writ of Certiorari. The trial court dismissed the Petition. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/14/01 | |
| LaKreasha Kimble v. State of Tennessee
W2000-00715-CCA-R3-PC
This is an appeal of a denial of post-conviction relief. The petitioner and two codefendants were each convicted of murder in the perpetration of robbery and of especially aggravated robbery for the robbery and killing of a man who had given them a ride in his car. The petitioner appealed her convictions to the post-conviction court, arguing, inter alia, that her counsel provided ineffective assistance by his failure to petition for a severance of trial from her codefendants. The post-conviction court denied relief, finding the petitioner's claims to be without merit. Based upon a thorough review, we affirm the post-conviction court's denial of relief.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| Daniel Taylor v. Donal Campbell, et al.
M2000-02843-COA-R3-CV
On July 3, 2000, Appellant filed his civil complaint based upon punishment imposed for a disciplinary infraction while a prisoner at Turney Center in Only, Tennessee. On July 18, 2000, the trial judge, sua sponte, dismissed the complaint, and this appeal followed. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 03/14/01 | |
| Betty J. Nash vs. G.L. Waynick
M2000-02096-COA-R3-CV
This appeal involves a dispute over the sale of a single family home in DeKalb County. The purchaser filed suit in the Circuit Court for DeKalb County alleging that the seller had violated the Tennessee Consumer Protection Act and the Tennessee Residential Property Disclosures Act. More than two years after the first two summonses were returned unserved, the purchaser caused a third summons to be issued that was served on the seller. The trial court entered a $27,000 default judgment against the seller on June 21, 2000, after concluding that the seller had been properly served and had presented no defenses to the purchaser's claims. On this appeal, the seller, who has been representing himself throughout these proceedings, asserts that he did not violate either the Tennessee Consumer Protection Act or the Tennessee Residential Property Disclosure Act and that the trial court erred by not considering his statute of limitations defense. We have determined that the purchaser's suit is time-barred for failure to comply with Tenn. R. Civ. P. 3. Therefore, we reverse the judgment and remand the case with directions that the purchaser's complaint be dismissed.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:John J. Maddux |
DeKalb County | Court of Appeals | 03/14/01 | |
| State of Tennessee v. Richard Crawford
W2000-00335-CCA-R3-CD
Defendant, Richard Crawford, was convicted at a bench trial of theft of a motor vehicle valued over $10,000. On appeal, the defendant raises the following two issues for our review: (1) whether the evidence was sufficient to support his conviction for theft; and (2) whether the value of the vehicle was properly established. The judgment of the Shelby County Criminal Court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| David Britt vs. Donal Campbell, et al
M2000-01423-COA-R3-CV
A prison inmate escaped from custody and was recaptured. After a disciplinary hearing, the Department of Correction extended his Release Eligibility Date so that he would have to serve an additional 20% of his sentence before being considered for parole. The prisoner filed a Petition for Declaratory Judgment, contending that the Department's action violated statutory and constitutional law. The trial court dismissed the Petition. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen H. Lyle |
Davidson County | Court of Appeals | 03/14/01 | |
| Dr. Robert Emans v. Board of Regents
M2000-02187-COA-R3-CV
The Claimant was appointed Dean of the College of Education of Tennessee State University in 1990, evidenced by a Notice of Appointment and Agreement of Employment. Four years later, he was terminated as Dean, and appointed to the tenured position of Professor, at a lesser salary. In this action he sought damages for breach of contract, inter alia. The Commission ruled that the Claimant, although lawfully terminated as Dean, was nevertheless entitled to receive the salary of a deanship.
Authoring Judge: Per Curiam
|
Court of Appeals | 03/14/01 | ||
| Michael Martin vs. Roderick Scott, et al
M2000-02330-COA-R3-CV
Michael D. Martin, an incarcerated state prisoner, filed a Petition for Writ of Certiorari challenging a prison disciplinary proceeding whereby he was convicted by the Prison Disciplinary Board of burglary and sentenced to ten days punitive segregation and a $4.00 fine. The Chancellor dismissed the petition and we affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/14/01 | |
| Curley Howse vs. Donal Campbell, et al
M1999-01580-COA-R3-CV
This is a pro se civil rights action brought by a prisoner challenging the conditions of his confinement and his treatment by employees of the Tennessee Department of Correction and the Northwest Correctional Center in Lake County. After the prisoner's suit was transferred from the Chancery Court for Davidson County to the Circuit Court for Davidson County, the various defendants filed separate motions to dismiss the case for improper venue. The trial court granted the motions and dismissed all the prisoner's claims. On this appeal, the prisoner asserts that his claims should not have been dismissed. We have determined that the prisoner has not properly perfected an appeal with regard to the dismissal of his claims against the Commissioner of Correction and three other employees and that the trial court correctly dismissed his claim against the medical director of the Northwest Correctional Center for improper venue. Accordingly, we affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 03/14/01 |