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| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/17/99 | |
| State vs. Robert Gillespie
03C01-9710-CC-00455
|
Rhea County | Court of Criminal Appeals | 02/17/99 | |
| State vs. Cedric Dickerson
02C01-9802-CR-00051
|
Shelby County | Court of Criminal Appeals | 02/17/99 | |
| Hamilton v. Life Care Center
03S01-9712-CH-00143
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Life Care Center, insists the evidence preponderates against the trial court's finding that the injury to the employee or claimant, Hamilton, is permanent or, alternatively, that the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed. It is undisputed that, on September 15, 1993, the claimant slipped on a wet floor and fell backward, hitting the back of her head on a hard floor, while working for the employer. After a trial, the trial judge awarded permanent partial disability benefits based on forty percent to the body as a whole. The extent of an injured worker's disability is an issue of fact. Jaske v. Murray Ohio Mfg. Co., 75 S.W.2d 15 (Tenn. 1988). Thus, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). The claimant was forty-five years old at the time of her injury, with a high school education. She worked for Life Care Center as a nurse's assistant and had a second job as a greeter for Wal-Mart. Her work for Life Care required some heavy lifting and other strenuous work, whereas her work as a greeter for Wal-Mart was not very strenuous. She has never before made a claim for an injury to her head or neck. On the day of the accident, it had been raining heavily. As the claimant entered the building to attend classes for obtaining certification as a nurse's aide, her feet suddenly went out from under her and she fell, striking the back of her head on the tile floor. According to her testimony, accredited by the findings 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Earl Henley, |
Knox County | Workers Compensation Panel | 02/17/99 | |
| Rhea v. Modine
03S01-9710-CV-00124
Authoring Judge: John S. Mclellan, III
Originating Judge:Hon. James B. Scott, Jr. |
Rhea County | Workers Compensation Panel | 02/16/99 | |
| State vs. Paul Dejongh
03C01-9806-CR-00211
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 02/16/99 | |
| Bradson Mercantile vs. Joseph Crabtree
02A01-9710-CV-00272
|
Shelby County | Court of Appeals | 02/16/99 | |
| Barbara Jordan vs. Sofamor S.N.C.
02A01-9803-CV-00067
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 02/16/99 | |
| State vs. Leonard Prater
01C01-9710-CC-00499
|
Coffee County | Court of Criminal Appeals | 02/16/99 | |
| William Terry Wyatt
03C01-9802-CC-00057
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 02/16/99 | |
| Hooker vs. Thompson
01A01-9709-CH-00533
|
Supreme Court | 02/16/99 | ||
| State vs. Leonard Prater
01C01-9710-CC-00499
|
Coffee County | Court of Criminal Appeals | 02/16/99 | |
| 02A01-9804-CV-
02A01-9804-CV-
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 02/16/99 | |
| State vs. Torayo Brown
W2000-00472-CCA-R3-CD
The defendant, Torayo Olandis Brown, was convicted of possessing with intent to deliver more than .5 grams of cocaine, a class B felony. The trial court imposed a sentence of eight years and nine months, ordering eight months to be served in the local jail and the balance to be served in a community corrections program. In this appeal of right, the defendant contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by allowing the state to impeach him with a prior conviction; and (3) the state improperly argued that he was impeached by the prior conviction. Because of plain error in the trial court's failure to provide a limiting instruction relating to the impeachment evidence, the judgment is reversed and the cause is remanded for a new trial.
Authoring Judge: Judge Gary R Wade
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 02/15/99 | |
| Joleen Creson vs. Tammy Creson
02A01-9801-CH-00002
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 02/12/99 | |
| 02S01-9804-CH-00041
02S01-9804-CH-00041
|
Obion County | Court of Criminal Appeals | 02/12/99 | |
| James Judd vs. State
01C01-9805-CR-00204
|
Davidson County | Court of Criminal Appeals | 02/12/99 | |
| Dennis Smith v. Walker-J-Walker, Inc.
02S01-9807-CV-00062
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. James E. Swearengen |
Smith County | Workers Compensation Panel | 02/12/99 | |
| McNairy Co. vs. John Sellers
02A01-9808-CV-00234
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Appeals | 02/12/99 | |
| Schleicher vs. Founders Security Life Ins. Co.
01A01-9711-CV-00649
Originating Judge:Robert L. Jones |
Maury County | Court of Appeals | 02/11/99 | |
| In the matter of: Kristalena Kay Smith et al
01A01-9711-JV-00662
Originating Judge:Gary W. Dodson |
White County | Court of Appeals | 02/11/99 | |
| 03C01-9709-CC-00434
03C01-9709-CC-00434
Originating Judge:Richard R. Vance |
Sevier County | Court of Criminal Appeals | 02/11/99 | |
| State vs. Graves
03C01-9803-CC-00090
Originating Judge:Richard R. Vance |
Jefferson County | Court of Criminal Appeals | 02/11/99 | |
| State vs. CarlosHayes
02C01-9712-CR-00483
|
Shelby County | Court of Criminal Appeals | 02/11/99 | |
| D.D. Roberts, D/B/A Roberts Construction Co., et al. v.Tommy Yarbrough, et al., Thomas Lumber Co., Inc. v. Naran Patel, et al., and Tommy Yarbrough, et al.
01A01-9802-CH-00096
Two subcontractors recovered judgments for work done on a construction project in Clarksville. On appeal the general contractor and the surety on his bond allege that the appellees were not licensed contractors and that neither complied with the notice of nonpayment statute. In addition, the appellant disputes the trial court’s version of the proof and the award of prejudgment interest. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Carol A. Catalano |
Montgomery County | Court of Appeals | 02/10/99 |