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| Robinson vs. Nissan Motor Mfg. Corp., USA
M1999-00296-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/29/00 | |
| Ann King, et al vs. Danek Medical Inc., et al
W1999-02651-COA-R3-CV
Authoring Judge: Judge Alan E. Glenn
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 03/28/00 | |
| James G. Spears v. Pathway Bellows, Inc.
03S01-9812-CV-00148
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 defendant, Pathway Bellows, Inc., appeals the trial court's award of twenty percent (2%) permanent partial disability to the left upper extremity.1 We agree with the trial court and affirm. The plaintiff, James Spears, was 56 years old in February, 1999. He dropped out of school in the 1th grade and joined the U. S. Army. While in the Army he worked in communications and received his general equivalency diploma. After being honorably discharged from the Army, he went to work as an assembler and later as a welder. While working for a small machine shop he learned to weld very thin exotic material. This type of welding requires a very steady hand and a tremendous amount of concentration. In 1969, the plaintiff went to work for the defendant. From 1969 to 1997 the plaintiff traveled all over the world welding exotic material for the defendant. On August 4, 1997, he was cutting parts that weighed around 2 pounds. He would push, catch and stand them on the ground. Later in the day his left shoulder began to bother him. He told his supervisor who sent him to Ambulatory Care where he saw Dr. Hilton. Subsequently, Dr. Hilton referred the plaintiff to Dr. Sidney Wallace, an orthopedic specialist, who first saw the plaintiff on September 17, 1997. Dr. Wallace diagnosed the plaintiff's injury as a rotator cuff syndrome on the left side. Dr. Wallace treated the plaintiff from September 17 through November 11, 1997, when Dr. Wallace released the plaintiff to return to his normal work duties. At this time Dr. Wallace felt the plaintiff should have another physician examine him because he had seen a video, showing the plaintiff doing things, which he thought impaired the doctor-patient relationship. 1T.C.A. _ 5-6-27 (3)(A)(ii)(m) denotes the upper extremity as arm. The parties agreed during oral argument that the final judgment mistakenly awarded benefits to the body as a whole and should be amended to award benefits to the arm. 2
Authoring Judge: H. David Cate, Special Judge
Originating Judge:Hon. James B. Scott, Jr., |
Knox County | Workers Compensation Panel | 03/28/00 | |
| American Justice Ins. Reciprocal vs. Hutchison, et al
M1999-00672-SC-R23-CQ
Authoring Judge: Justice Frank F. Drowota, III
|
Knox County | Supreme Court | 03/27/00 | |
| Kathy Mae Perry v. Tennessee Distribution, Inc.
03S01-9904-CH-00042
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 only issue for resolution is whether the preponderance of the evidence supports the trial court's award to the plaintiff, Kathy Mae Perry, of 5 percent permanent partial disability to the right leg. We think it does and affirm. The plaintiff was 4 years old on December 15, 1998. She dropped out of school in the eleventh grade but later received a general equivalency diploma. She had training in cosmetology and worked as a beautician for 8 months. She also had experience as a cashier. In July 1992 she was employed by the defendant, Tennessee Distribution, Inc. On August 23, 1996, she bumped her right knee while working for the defendant. At that time her job was a standup forklift driver. Subsequently the plaintiff went to see the defendant's nurse who referred her to Dr. Goulding, who then referred her to Dr. Mark Aiken, an orthopedic surgeon. Dr. Aiken first saw the plaintiff on September 24, 1996 and again on November 4, 1996. At the latter visit he released her to return on an as needed basis. His diagnosis of the plaintiff's injury was a mild prepatellar bursitis. The plaintiff sought additional medical treatment and was sent by the defendant to see Dr. Alan Williams, II, who treated the plaintiff from December 17, 1996 through May 12, 1998. On April 15, 1997 he performed a diagnostic arthroscopy. His diagnosis of the plaintiff's injury was chondromalacia of the patella and the femoral condyle of the right knee. The plaintiff missed work from April 4, to June 12, 1997 when she took a voluntary layoff and had the arthroscopy. Since mid June, 1997 she has worked for the defendant as a standup forklift driver, the job she was doing at the time of the accidental injury. It was Dr. Williams' opinion that the plaintiff had sustained a 5 percent impairment to her lower right extremity. He restricted her to a 4 hour work week. 2
Authoring Judge: H. David Cate, Special Judge
Originating Judge:Hon. G. Richard Johnson, |
Perry County | Workers Compensation Panel | 03/27/00 | |
| E1999-01965-C0A-R3-CV
E1999-01965-C0A-R3-CV
Originating Judge:Douglas A. Meyer |
Court of Appeals | 03/27/00 | ||
| State vs. John Ruff
W1999-01457-CCA-R3-CD
|
Shelby County | Court of Criminal Appeals | 03/24/00 | |
| Darron Smith vs. Ed Mullikin
W1999-00105-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 03/24/00 | |
| W1999-01011-CCA-R3-PC
W1999-01011-CCA-R3-PC
|
Dyer County | Court of Criminal Appeals | 03/24/00 | |
| State vs. John H. Williams
W1999-01731-CCA-R3-PC
|
Madison County | Court of Criminal Appeals | 03/23/00 | |
| State vs. James Higgins
W1999-01726-CCA-R3-PC
|
Madison County | Court of Criminal Appeals | 03/23/00 | |
| Brown vs. Brown
M1999-02739-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Thomas W. Graham |
Franklin County | Court of Appeals | 03/23/00 | |
| Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 03/23/00 | |
| Jones vs. Ewell
M1999-00883-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jeffrey F. Stewart |
Franklin County | Court of Appeals | 03/23/00 | |
| State vs. Christopher Max Hall
M1998-00180-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 03/23/00 | |
| Suntheimer vs. Suntheimer
M1999-00248-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Patricia J. Cottrell |
Rutherford County | Court of Appeals | 03/23/00 | |
| State vs. Lester Coble
W1998-00690-CCA-R3-CD
|
Madison County | Court of Criminal Appeals | 03/23/00 | |
| Simonton vs. Huff
M1998-00493-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 03/23/00 | |
| State vs. Anthony Anderson
W1999-01730-CCA-R3-PC
|
Madison County | Court of Criminal Appeals | 03/23/00 | |
| State vs. Hester
03C01-9704-CR-00144
|
Court of Criminal Appeals | 03/22/00 | ||
| State vs. Hester
03C01-9704-CR-00144
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/22/00 | |
| E1999-01363-CCA-R3CD
E1999-01363-CCA-R3CD
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 03/22/00 | |
| State vs. Stanley Adams
W1999-02741-CCA-R3-PC
|
Shelby County | Court of Criminal Appeals | 03/22/00 | |
| State vs. Eric Thomas
W1999-01255-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/22/00 | |
| State vs. Darrell Dufrene
W2000-03129-CCA-R3-CD
The defendant, Darrell J. Dufrene, entered a plea of guilt to one count of theft over $1,000.00 but less than $10,000.00, a Class D felony. Pursuant to a plea agreement, the trial court set the defendant's sentence at three years and scheduled an alternative sentencing hearing. The defendant failed to appear at the hearing and the trial court ordered a term of incarceration. In this appeal of right, the defendant asserts that the trial court erred by failing to order either probation or community corrections. Because, however, the defendant remains on escape status, the appeal is dismissed.
Authoring Judge: Judge Gary R Wade
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 03/21/00 |