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| State vs. Patrick Wingate
M1999-00624-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 05/25/00 | |
| Mary Johnson vs. Leboheur Children
W1999-01719-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 05/25/00 | |
| State vs. Robert Lee Day
E1999-01380-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/25/00 | |
| State of Tennessee v. Morley D. Cowan
M1999-1392-CCA-R3-CD
Originating Judge:J. Curtis Smith |
Franklin County | Court of Criminal Appeals | 05/25/00 | |
| Richard vs. Richard
M1999-02797-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Robert E. Burch |
Cheatham County | Court of Appeals | 05/25/00 | |
| Kinnard vs. Taylor, et al
M1999-00512-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 05/25/00 | |
| James E. Fleenor v. Grand Piano and Furniture Company
03S01-9905-CV-00061
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. Grand Piano and Furniture Company (hereafter "Grand Piano") has appealed an award to James E. Fleenor of 8 per cent disability to the body as a whole. The sole issue is whether the trial court erred in finding that Mr. Fleenor sustained a compensable injury. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, 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 more depth the factual findings and conclusions of the trial courts in workers' compensation cases. Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). James E. Fleenor, age 47, has a 5th grade education. His tested I.Q. is 49 and he reads at a 2nd grade level and can do arithmetic at the 1st grade level. He began work at Grand Piano in 1995. He had worked as a furniture mover for most of his life. He drove a truck for Grand Piano and loaded and delivered furniture. He had hurt his back approximately 15 years before when a co-worker dropped the end of a couch; and while he had pain in his back for many years, he testified that the pain at Grand Piano became worse than the pain he had working for previous employers. He told his supervisor at Grand Piano that the work was "getting to me." He never had any specific incident at Grand Piano that caused sudden pain. He testified, "the more I worked, the more I picked up, the worser it got. And I just, I just had to give it up." 2
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. G. Richard Johnson |
Knox County | Workers Compensation Panel | 05/25/00 | |
| James Edwin Heathfield vs.Dina Rose Hawkins Heathfield
E1999-00604-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Polk County | Court of Appeals | 05/25/00 | |
| Rowe vs. Rowe
M1999-01535-COA-R3-CV
B. Rothstein and A. Rothstein , & as next of kin of Lisa G. Rothstein, Dec. vs. Orange Grove Center, Inc., and Christopher D. Prater, M.D.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 05/25/00 | |
| State of Tennessee v. Odus Eugene Long
98130-CCA-R3-CD
Originating Judge:J. O. Bond |
Jackson County | Court of Criminal Appeals | 05/25/00 | |
| William T. Taff vs. William B. Milton
E1999-01174-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Appeals | 05/25/00 | |
| Williams vs. Bell
M1999-02124-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 05/25/00 | |
| Madison, et al vs. Pickett Co. Bank & Trust
M1999-00003-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:John A. Turnbull |
Pickett County | Court of Appeals | 05/25/00 | |
| Rutherford vs. Campbell, et al
M1999-02789-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/25/00 | |
| Howard vs. Norwood
M1999-00838-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 05/25/00 | |
| Amonette vs. Amonette
M1999-01283-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 05/25/00 | |
| State vs. James R. Horn, Sr.
M1999-00301-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 05/25/00 | |
| Judith Trent Denton vs. Herbert Jackson Denton, Jr.
E1999-02713-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 05/25/00 | |
| State vs. Jumbo Kuri
M1999-00638-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 05/25/00 | |
| B. Rothstein and A. Rothstein , & as next of kin of Lisa G. Rothstein, Dec. vs. Orange Grove Center, Inc., and Christopher D. Prater, M.D.
E1999-00900-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 05/25/00 | |
| State vs. Michael E. Mills
M1999-00842-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 05/25/00 | |
| State vs. Karen Bandy
M1999-01870-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 05/25/00 | |
| BVT Lebanon Shopping Cehter, Ltd. vs. Wal-Mart Stores, Inc., et al
M1997-00059-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Bobby H. Capers |
Wilson County | Supreme Court | 05/24/00 | |
| State of Tennessee v. Brown & Williamson Tobacco Company, et al., v. Gregory Bennett Perry and Steve Lloyd Champion, et al.
M1999-00455-SC-R3-CV
A petition for rehearing has been filed on behalf of the Beckom appellants pursuant to Tennessee Rules of Appellate Procedure Rule 39. After consideration of the same, the Court is of the opinion that the petition should be and the same hereby is denied at the cost of the Beckom appellants. Enter this 24th day of May, 2000.
Authoring Judge: Per Curiam
|
Davidson County | Supreme Court | 05/24/00 | |
| Dotson vs. Blake, et al
W1998-00710-SC-R11-CV
This is an appeal from the Circuit Court of Weakley County, which refused to permit the jury in a personal injury case to allocate fault to tortfeasors who successfully asserted a statute of repose defense. The Court of Appeals affirmed the trial court. We granted review to decide whether fault may be attributed to tortfeasors who cannot be held liable because of a statute of repose. After examining the record, considering the arguments of the parties, and analyzing the applicable law, we conclude that the courts below erred in not allowing fault to be assigned to the tortfeasors who successfully asserted a statute of repose to the claims against them. Accordingly, for the reasons explained hereafter, the lower courts are reversed.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:William B. Acree |
Weakley County | Supreme Court | 05/24/00 |