APPELLATE COURT OPINIONS

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Logan vs. Winstead

03A01-9902-CV-00057
Hawkins County Court of Appeals 07/14/99
Scroggins vs. Goss

01A01-9811-CV-00580

Originating Judge:Jim T. Hamilton
Maury County Court of Appeals 07/14/99
State vs. Russell Overby

02C01-9810-CC-00321
Hardin County Court of Criminal Appeals 07/13/99
Derryberry vs. Derryberry

03A01-9801-CV-00023
Court of Appeals 07/13/99
Harvey vs. Ford Motor Credit

03A01-9807-CV-00235
Court of Appeals 07/13/99
Bullard vs. Scott

03A01-9809-CH-00310
Hamilton County Court of Appeals 07/13/99
Pertew vs. Pertew

03A01-9711-CH-00505
Sullivan County Court of Appeals 07/13/99
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Scott County Court of Appeals 07/13/99
Fair vs. Fulton

03A01-9812-CV-00422
Court of Appeals 07/13/99
Estate of J.P. Walker vs. Dpt.of Revenue

03A01-9808-PB-00250
Sevier County Court of Appeals 07/13/99
Natl. Gas Dist. vs. Sevier Co. Utility

03A01-9902-CH-00077
Sevier County Court of Appeals 07/13/99
State vs. Merrian Logan

02C01-9808-CC-00232

Originating Judge:R. Lee Moore Jr.
Lake County Court of Criminal Appeals 07/13/99
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Anderson County Court of Appeals 07/13/99
Integon vs. Shon Flanagan

02A01-9812-CH-00382

Originating Judge:Walter L. Evans
Shelby County Court of Appeals 07/13/99
State vs. Roger Morris Gardner

03C01-9712-CR-00524
Sullivan County Court of Criminal Appeals 07/13/99
State vs. Stanley Warren Mills

03C01-9810-cr-00368
Hamilton County Court of Criminal Appeals 07/13/99
Day vs. GMAC

03A01-9811-CV-00372
Court of Appeals 07/13/99
Wiley Hutcherson vs. Rozell Carter

02A01-9807-CH-00216

Originating Judge:Wil V. Doran
Lauderdale County Court of Appeals 07/12/99
Sullivan vs. Baptist Memorial Hospital

02S01-9804-CV-00032
Supreme Court 07/12/99
State vs. Douglas Rains

02C01-9808-CC-00249
Benton County Court of Criminal Appeals 07/12/99
Doris Howard v. Sterling Plumbing Group, Inc.

02S01-9811-CH-00107
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This worker's compensation suit was brought by Doris Howard, widow of Paul Howard, deceased, for the use and benefit of herself and the two minor children of the plaintiff, and Paul Howard, deceased. The trial court found for the plaintiff, holding that her husband, Paul Howard, suffered a compensable heart attack arising out of and in the course of his employment for the defendant. The court held that the heart attack resulted in the death of Mr. Howard and awarded benefits accordingly. In its only issue, the defendant says that the plaintiff did not prove by a preponderance of the evidence "that the claimants heart attack was precipitated by physical activity or exertion or physical strain associated with claimant's job." After considering the record, we find that the judgment of the trial court must be affirmed. Except for the medical evidence, there is no substantial conflict in the evidence. The plaintiff, the employee's widow, testified that Mr. Howard was 6'1" tall, 42 years of age, and weighed 168 pounds on October 1, 1995, when he died at work. He had high blood pressure and cholesterol. On October 1, 1995, the deceased left home to go to work at approximately 6:1 p.m. He was a maintenance employee for the defendant. Later, he telephoned his wife, and they had a normal conversation, Mr. Howard was in a good humor and laughing. He told his wife that at that time he was cleaning. Glen Page, testified that he worked in the maintenance department of the defendant corporation with Mr. Howard. They worked together on the evening of October 1, 1995. They weren't busy in the maintenance department, so they did some cleanup work involving sweeping. Mr. Howard was using a pushbroom that measured from 14 to 18 inches wide. Mr. Page testified that sweeping with the pushbroom was not strenuous work and that he and Mr. Howard could take a break when they desired. Mr. Page was called to the telephone and was gone for about twenty minutes. When he returned, Mr. Howard was lying on the floor. He had turned blue, and the pushbroom was on the floor two or three feet from him. Dr. Robert D. Dodds, II, a cardiologist, testified by deposition. On October 1, 1995, he was called in his capacity as the medical examiner for Obion County to observe Mr. 2
Authoring Judge: Hon. William Michael Maloan, Chancellor
Originating Judge:Hon. William Michael Maloan,
Obion County Workers Compensation Panel 07/12/99
Long vs. Tri-Con Industries

01S01-9708-CV-00176
Supreme Court 07/12/99
State vs. Delfro Willis

02C01-9810-CC-00336
Madison County Court of Criminal Appeals 07/12/99
Sullivan vs. Baptist Memorial Hospital

02S01-9804-CV-00032
Court of Appeals 07/12/99
State vs. Douglas Rains

02C01-9808-CC-00249
Benton County Court of Appeals 07/12/99