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| Marcia Susan Tallent vs. Kenneth Allen Cates
E1999-01168-COA-R3-CV
Outdoor West of TN, Inc. (Lamar Advertising of Tri-Cities) vs.City of Johnson City
Authoring Judge: Judge David Michael Swiney
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 06/27/00 | |
| Ronald Geddings v. Imperial Guard & Detectives
W1999-00199-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, Imperial Guard & Detective Services and the Travelers Insurance Company (Imperial), appeal the judgment of the Shelby Chancery Court awarding the plaintiff, Ronald Geddings (Geddings), sixty-five percent (65%) permanent partial disability to the body as a whole as a result of a mental injury and commuting the award to a lump sum in trust to be administered byGeddings' wife. Imperial does not appeal the trial court's award of sixteen percent (16%) permanent partial disability for a low back injury. For the reasons stated in this opinion, we affirm the award of sixteen percent (16%) permanent partial disability to the body as a whole for the injury to the low back; reverse the award of sixty-five percent (65%) permanent partial disability to the body as a whole for the mental injury; and reverse the award of benefits commuted to a lump sum. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed in Part; Reversed in Part MALOAN, SP. J., in which HOLDER, J., and WEATHERFORD, SR. J., joined. Gayle B. Lakey, Memphis, Tennessee, for the appellants, Imperial Guard & Detective Services and The Travelers Company. Stephen R. Leffler, Memphis, Tennessee for the appellee, Ronald Geddings. MEMORANDUM OPINION Geddings was age forty-one (41) at the time of this trial. He graduated from high school and attended some college. Geddings first worked for Imperial as a security officer, advanced to general manager, and then to vice president of operations. On December 9, 1996, Geddings and other Imperial employees attended a sexual harassment seminar. After the seminar, Geddings was hit by an automobile while crossing Poplar Avenue in Memphis, Tennessee. Geddings testified the vehicle struck his buttocks and he fell on the street on his stomach. His only visible injuries were cuts and bruises to his arms, hands, buttocks, and ankle. Geddings was able to assist fellow injured workers, then crossed the street, and either sat down on the curb or collapsed unconscious. Dr. John Brophy, a neurosurgeon, treated Geddings for an injury to his lower back. On February 17, 1997, Dr. Brophy performed a decompression laminectomy at L4-5 and released Geddings to light duty in March 1997 and full duty without restrictions on May 12, 1997. Dr. Brophy assigned an eight percent (8%) permanent impairment to the body as a whole for his low back injury. When Geddings returned to his former job at Imperial he began to have forgetfulness and memory loss. He was assigned to the night shift, where he continued to work for one (1) year until he resigned in March 1998. He then worked for a smaller security company, Guardco, performing similar duties, but was terminated eight (8) or nine (9) months later for lack of organization. William Jenkins, Ed.D., a vocational rehabilitation expert, evaluated Geddings for vocational disability. As a result of numerous tests and a review of a neuropsychological evaluation by Nan Hawks, Ph.D.,1 dated January 19, 1998, Dr. Jenkins testified Geddings had a sixty percent (6%) to sixty-five percent (65%) vocational disability for his psychological problems. At trial, Geddings' attorney requested the trial court to make separate awards for the low back injury and the mental injury. Over Imperial's objection, the trial court awarded sixteen percent(16%) permanent partial disability to the body as a whole for the back injury and an additional sixty-five percent (65%) permanent partial disabilityto the body as a whole for the mental injury. Further, the trial court granted Geddings' motion to commute the award to a lump sum in trust to be administered by Geddings' wife. ANALYSIS The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tennessee Code Annotated _5-6-225(e)(2). Lollar v Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference must be accorded the trial court's factual findings. Humphrey v David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). However, where the issues involve expert medical testimony which is contained in the record by deposition, as it is in this case, then all impressions of weight and credibility must be drawn from 1Apparently, Dr. Hawks' deposition was filed with the trial court, but was never entered into evidence during the trial and is not in the record on appeal. -2-
Authoring Judge: William Michael Maloan, Special Judge
Originating Judge:D. J. Alissandratos, Chancellor |
Shelby County | Workers Compensation Panel | 06/27/00 | |
| Patty jane Farmer Jenkins vs. Thomas Arlin Jenkins
E2000-00274-COA-R3-CV
Kenneth M. Seaton d/b/a KMS Enterprises vs. State Board of Equalization, et al E1999-00880-COA-R3-CV View
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 06/27/00 | |
| Anderton vs. Amari
M1999-01145-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/27/00 | |
| State vs. Robert Gamble
W1999-01016-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 06/27/00 | |
| Cathy Lee Barnes Williams v. Rodney Lee Williams.
M1999-00221-COA-R3-CV-
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/27/00 | |
| State of Tennessee v. Maurice Pruitt
W2002-01905-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Donald H. Allen |
Gibson County | Court of Criminal Appeals | 06/27/00 | |
| William F. Conley, et ux. v. Harmony Blue Granite Co., Inc.
E1999-00265-COA-R3-CV
This is a suit wherein the Plaintiffs seek damages by reason of defective construction of a mausoleum by the Defendant. The Trial Court found that the suit was barred by T.C.A. 28-3-202, the four-year statute of repose. We Affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Chancellor Daryl R. Fansler |
Knox County | Court of Appeals | 06/27/00 | |
| State vs. Charles Bryan
W1999-00620-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 06/27/00 | |
| E1999-00265-COA-R3-CV
E1999-00265-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 06/27/00 | |
| State of Tennessee v. Dennis Wade Suttles
E1998-00088-SC-DDT-CD
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Mary Beth Leibowitz |
Knox County | Supreme Court | 06/26/00 | |
| E1999-00412-COA-R3-CV
E1999-00412-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 06/26/00 | |
| State of Tennessee v. Dennis Wade Suttles
E1998-00088-SC-DDT-CD
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Mary Beth Leibowitz |
Knox County | Supreme Court | 06/26/00 | |
| Phillip W. Lee v. Shoney's, Inc.
M1999-00469-WC-R3-CV
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. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Lee, worked for Shoney's, Inc. in Nashville for about eight years, primarily operating a tow motor and pulling orders. In November of 1996, while he was manually loading a truck with boxes and cans, he twisted his left leg and hip. He continued working. Later in the same month, he was assigned to work in a freezer to give him a break from heavier work, -2-
Authoring Judge: Loser, Sp. J.
|
Davidson County | Workers Compensation Panel | 06/26/00 | |
| Christopher v. Sockwell
M1999-00469-WC-R3-CV
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. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Lee, worked for Shoney's, Inc. in Nashville for about eight years, primarily operating a tow motor and pulling orders. In November of 1996, while he was manually loading a truck with boxes and cans, he twisted his left leg and hip. He continued working. Later in the same month, he was assigned to work in a freezer to give him a break from heavier work, -2-
Authoring Judge: Joe C. Loser, Jr., Special Judge
|
Davidson County | Workers Compensation Panel | 06/26/00 | |
| Nancy Erwin vs. Richard Erwin
W1998-00801-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 06/26/00 | |
| Nancy Erwin vs. Richard Erwin
W1998-00801-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 06/26/00 | |
| State of Tennessee v. Charles E. Kilpatrick, Jr.
M1999-01121-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Leon C. Burns, Jr. |
Overton County | Court of Criminal Appeals | 06/23/00 | |
| State vs. Delbert Harris
M1999-01239-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 06/23/00 | |
| Gene Wayne Williams vs. Judith Marie Williams
E1999-02750-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 06/23/00 | |
| Tellico Reservoir Development Agency vs. Town of Vonore
E1999-02452-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
Monroe County | Court of Appeals | 06/23/00 | |
| State of Tennessee v. Reginald Garner Brown
M1999-00002-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 06/23/00 | |
| State vs. William Ricky Wayne Herrell
M1999-02475-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 06/23/00 | |
| Bobbie Jo Coker v. Modern Mold Internationa, Inc. d/b/a
M1999-01521-WC-R3-CV
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 or claimant, Coker, began working for National Pen in 1995 and worked at several different jobs, all requiring repetitive use of the hands and arms. In early 1997, she began to experience pain in her right wrist and elbow, but did not report it to the employer or seek medical care. She did report two other injuries in 1997, for which she sought and received medical benefits and had her name placed on the bulletin board. Having one's name placed on the bulletin board had a negative effect on bonuses at National Pen. At about the same time, in June of 1997, the claimant purchased a computer and began taking -2-
Authoring Judge: Loser, Sp. J.
|
Bedford County | Workers Compensation Panel | 06/23/00 | |
| Sherrie Graham Farver vs. Dr. Kenneth Carpenter
E1999-01840-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 06/23/00 |