Please enter some keywords to search.
| E1999-02318-COA-R3-CV
E1999-02318-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| Barry L. Blackwell v. Madison County Sheriff's Dept.
W1998-00280-SC-WCM-CV
This workers' compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case arises out of heart problems suffered by a sheriff's deputy. The trial court found that the plaintiff was entitled to the statutory presumption in Tennessee Code Annotated _ 7-5-21(a)(1) allowing the court to presume that a law enforcement officer's heart problems are work-related. The trial court found that the plaintiff suffered a 3 percent permanent partial disability to the body as a whole from this injury. Further, the trial court found that a bomb scare on June 3, 1996, was a precipitating factor that caused the plaintiff's problems. The defendant appeals the decision of the trial court, alleging that the court erred in finding that the plaintiff was entitled to the statutory presumption of causation. The plaintiff argues that the trial court correctly found that the presumption applies. He further argues that, even without the presumption, the preponderance of the evidence establishes that the plaintiff's injury arose out of and in the course of his employment with the defendant. Review of the findings of fact made by the trial court is de novo upon the record, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991). After a review of the entire record, briefs of the parties and applicable law, we REVERSE the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Joe C. Morris |
Madison County | Workers Compensation Panel | 02/28/00 | |
| State vs. Deborah Leigh Goins
M1998-00758-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 02/25/00 | |
| 03C01-9905-CR-00184
03C01-9905-CR-00184
|
Hamilton County | Court of Criminal Appeals | 02/25/00 | |
| Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
E1999-01528-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
|
Hamilton County | Court of Appeals | 02/25/00 | |
| 01C01-9512-CC-00431
01C01-9512-CC-00431
|
Court of Criminal Appeals | 02/25/00 | ||
| 03C01-9905-CR-00199
03C01-9905-CR-00199
|
Hamilton County | Court of Criminal Appeals | 02/25/00 | |
| M1998-00020-CCA-R3-CD
M1998-00020-CCA-R3-CD
Authoring Judge: Judge John H. Peay
|
Davidson County | Court of Criminal Appeals | 02/25/00 | |
| Dorothy Tharp vs. Lenita Kay Tharp
E1999-00921-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Court of Appeals | 02/25/00 | ||
| Thomas Freeman vs. State
M1999-00177-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
|
Marshall County | Court of Criminal Appeals | 02/25/00 | |
| 01C01-9901-CR-00021
01C01-9901-CR-00021
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/25/00 | |
| State of Tennessee, ex rel., Mickey Phillips, vs. Gwen Knox
E1999-00205-COA-R3-CV
Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
Authoring Judge: Judge Charles D. Susano, Jr.
|
Anderson County | Court of Appeals | 02/25/00 | |
| Teresa Constantino/Lila Williams vs. Charlie/Glenda Williams
W1999-00229-COA-R3-CV
This case involves the interpretation of a deed. The granting clause of the deed created a life estate in the grantee, the ex-husband of the grantor, with a remainder to the three children of the grantee and grantor. However, the habendum clause retained a life estate in the grantor. The trial court decided that the grantor did not retain a life estate because any ambiguity in the deed should be construed strictly against the grantor. The grantor appealed to this Court. We reverse.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan |
Weakley County | Court of Appeals | 02/25/00 | |
| State vs. Joseph John Henry Morrell
E1999-00924-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
|
Sullivan County | Court of Criminal Appeals | 02/25/00 | |
| M1999-00019-R3-CD
M1999-00019-R3-CD
|
Court of Criminal Appeals | 02/25/00 | ||
| Albert J. Shell v. Abb Combustion Engineering, Inc.
03S01-9902-CH-00018
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 employee, Albert J. Shell, has appealed from the action of the trial court in dismissing his claim for benefits. The court concluded his condition and/or injury was not work-related. On appeal two questions are presented for review. First, it is contended the evidence preponderates against the trial court's finding on the causation issue and second, it is insisted the court was in error at the close of all proof to require counsel to submit a hypothetical question to one of the expert medical witnesses. We have carefully reviewed the record with these issues in mind and are of the opinion the judgment of dismissal should be affirmed. Plaintiff was 54 years of age and is a high school graduate. He has been employed by defendant, ABB Combustion Engineering, Inc ., for a long period of time. In 199 he was involved in a work-related accident which was diagnosed as a disc injury causing back and leg pain. He did not undergo surgery and conservative treatment seemed to heal the injury as he returned to work after a short period of time. He continued to work without any significant problems until March 1995. On March 21, 1995, he testified he was using a hammer to attempt to disconnect metal that had been previously welded when the blow of the hammer caused a piece of the metal to break free and strike the top of his foot; that he immediately had pain in his foot and felt he had bruised it; several days later he began having pain in his leg calf and foot and some numbness; he saw his wife's family doctor whose medical records were filed in evidence and indicated the examination revealed "Left foot numbness and weakness since Thurs. No cause. . . . . . ." On March 29, 1995 he saw Dr. George Z. Seiters, an orthopedic surgeon, who testified by deposition and stated his examination revealed a foot drop condition; that the patient had indicated he had awakened with the symptoms and that he could not recall any precipitating event other than the hammer incident. Dr. Seiters referred the patient to a neurosurgeon for further evaluation. Dr. Seiters testified he was of the opinion there was no casual connection between the hammer incident and the foot drop condition and later diagnosed disc condition. He felt the disc condition which the neurosurgeon found was probably related to the 199 work-related accident. He also stated plaintiff never described any twisting movement during the hammer incident nor did he ever complain of having back pain. The neurosurgeon, Dr. Thomas D. Fulbright, first saw plaintiff on May 1, 1995 and he performed disc surgery on May 1th. He testified by deposition and was also of the opinion the hammer incident did not cause the foot drop condition or the disc condition. He said a bulging disc caused compression of the nerve root which caused the foot drop. In describing the hammer incident at work on March 21st to the company nurse, an insurance adjuster, his wife's family doctor, Dr. Seiters and Dr. Fulbright, 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Howell N. Peoples, |
Knox County | Workers Compensation Panel | 02/24/00 | |
| Charles Pendleton v. Knoxville Community Development Corporation
03S01-9812-CH-00147
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 employer, Knoxville Community Development Corporation 3S1-9812-CH-147 1 Pendleton v KCDC (hereafter "KCDC") appeals an award of 2 percent disability to the body. We affirm.
Authoring Judge: Special Judge Howell N. Peoples
Originating Judge:Hon. John F. Weaver, |
Knox County | Workers Compensation Panel | 02/24/00 | |
| 03C01-9809-CR-00344
03C01-9809-CR-00344
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 02/24/00 | |
| Paul Mayes vs. State
E1999-01374-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 02/24/00 | |
| Steve Myers vs. Danny Wilson & Elmo Mayes
E1998-00732-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
|
Claiborne County | Court of Appeals | 02/24/00 | |
| Buford Knight vs. Greene County, TN & Alan D. Broyles
E1999-02445-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
|
Greene County | Court of Appeals | 02/24/00 | |
| Bennie Faulkner vs. Homer Skelton
W1999-00621-COA-R3-CV
This is a personal injury and wrongful death case involving an automobile accident. The plaintiffs, husband and wife, suffered injuries, and the wife's mother, a passenger in the car, died as a result of the accident. The driver of the other car was a sixteen-year old boy. The plaintiffs sued the boy's grandfather, and various corporate entities that he owned, alleging that they were the true owners of the car and had let the boy drive it for family and business purposes, and also alleging negligent entrustment. The trial court granted summary judgment to the defendants. We affirm, finding the evidence insufficient to support claims under any of these theories.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 02/24/00 | |
| Ashlee Sellars vs. State
E1999-00356-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 02/24/00 | |
| Lee Greer vs. Maureen Zolfagharbik
W1999-01013-COA-R3-CV
This is a will contest case. The defendant/appellant challenges the validity of a mutual release she signed in which she waived any right she had to challenge the revocation of the decedent's will or to establish any rights under the decedent's will, in exchange for a release of any claims the estate may have had against her. The trial court found that the mutual release signed by the defendant/appellant effectively waived any claim she may have had to establish the validity of the decedent's will. We affirm, finding that the mutual release was an effective waiver of any rights the defendant/appellant had under the will or to challenge revocation of the will.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Henry County | Court of Appeals | 02/23/00 | |
| State vs. Robert Guy Oliver
E1999-00548-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Lynn W. Brown |
Carter County | Court of Criminal Appeals | 02/23/00 |