Mildred Johnson and Gary Johnson, v. Charles T. Cantrell and Patricia Cantrell
01A01-9712-CV-00690
Plaintiffs Mildred and Gary Johnson appeal an order of the trial court granting summary judgment in favor of Defendants Charles T. and Patricia Cantrell. For the reasons set forth below, we affirm the trial court’s ruling.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 01/07/99 | |
Rita Jean Fisher, v. Lena Green and Gloria Smith
01A01-9708-CH-00389
This is a nuisance action by one neighbor against another. The plaintiff alleged in her lawsuit that the defendant took action to cause flooding on the plaintiff’s property. The trial court found that the defendant had taken actions that resulted in flooding and enjoined further such actions, but found the evidence insufficient to award the plaintiff monetary damages for alleged damage to her home. The plaintiff appeals, and we affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/07/99 | |
State of Tennessee vs. Rodney Ford - Dissenting
01C01-9708-CR-00365
I respectfully disagree with the majority’s conclusion that there was an illegal entry into the defendant’s home. Because I believe the entry into the residence and the seizure of property were proper, I further disagree that the matter should be remanded for further proceedings to determine the admissibility of the written confession. I would affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/07/99 | |
Andrea D. Bryant v. Phillip Wright, Jr. - Concurring
01A01-9712-CV-00710
Defendant Phillip Wright, Jr. (“Wright” or” Appellant”) appeals the judgment of the trial court which awarded Plaintiff Andrea D. Bryant (“Bryant” or “Appellee”) the sum of $9,919.80 for breach of contract.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/07/99 | |
Katherine Jewell Smith and Jimmie Lewis Smith v. Methodist Hospitals Memphis, Keith G. Anderson, M.D. and The Sutherland Clinic, Inc., F/K/A Cardiology Consultants of Memphis
02A01-9712-CV-00302
This interlocutory appeal involves an action by a setling tortfeasor for contribution from an alleged joint tortfeasor. Defendant/cross-plaintiff, Methodist Hospital of Memphis (Methodist), appeals from the order of the trial court dismissing its cross-complaint for contribution against defendant/cross-defendant, Keith G. Anderson, M.D. Apparently, Smith reluctantly included Anderson as a defendant and chose not to prosecute her claim against him. In a Motion in Limine filed April 18, 1997, Smith stated that she would not seek to produce expert testimony in her case against Anderson, and he agreed not to seek a directed verdict because of absence of expert proof.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Robert L. Childers |
Shelby County | Court of Appeals | 01/07/99 | |
Florence Howard v. Jimmie Howard
02A01-9608-CV-00175
Defendant Jimmie Howard (Husband) appeals the trial court’s order denying his motion to set aside the final divorce decree previously entered by the court. We affirm the trial court’s judgment based on our conclusion that the record contains insufficient evidence to support the Husband’s motion to set aside.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge James E. Swearengen |
Shelby County | Court of Appeals | 01/05/99 | |
Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr. Director Chancellor of the Division of Worker's Compensation Fund, Tennessee Department of Labor
03S01-9608-CH-00086
In this workers’ compensation action, the trial court determined that Wayne Eldred Hill, the employee, was permanently and totally disabled. Pursuant to Tenn. Code Ann. § 50-6-208(a), the court apportioned 10 percent of the award to the employer and 90 percent of the award to the Second Injury Fund. The case was referred to the Special Workers’ Compensation Appeals Panel for findings of fact and conclusions of law pursuant to Tenn. Code Ann. § 50-6-225(e). The Appeals Panel modified the award by apportioning 65 percent to the employer and 35 percent to the Second Injury Fund pursuant to Tenn. Code Ann. § 50-6-208(b).
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Chancellor Frederick K. McDonald |
Knox County | Supreme Court | 01/04/99 | |
Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr., Director of the Division of Workers Compensation, Tennessee Dept of Labor - Concurring
03S01-9608-CH-00086
I concur in the majority's holding that this case falls within the purview of Tenn. Code Ann. § 50-6-208(a). I, however, continue to adhere to my dissent in Bomely v. Mid-America Corp., 970 S.W.2d 929 (Tenn. 1998), in which I concluded that Tenn. Code Ann. § 50-6-208(a) is applicable when there is a subsequent injury and the employee is rendered permanently and totally disabled. Subsection (b), however, should apply only when the employee is still able to earn a wage or be gainfully employed but has received compensable vocational disabilities that exceed 100 percent or 400 weeks of compensation
Authoring Judge: Justice Janice M. Holder
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Supreme Court | 01/04/99 | ||
Hale v. Athens Stove Works
03S01-9708-CH-00104
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, Gregory Hale, has perfected an appeal from a decision of the trial court which declined to modify and increase an award of 25% permanent partial disability to the body as a whole. Plaintiff began working for defendant, Athens Stove Works, in 1987 and sustained an on-the-job injury during 1988 which resulted in surgery on his back for a disc problem. His doctor gave him a 15% medical impairment and the court awarded 25% disability to the body as a whole, etc. After being off from work for about eleven months, he returned to work performing the same duties. On about April 17, 199, while working as a welder, he sustained another injury to his back. A trial was conducted on June 4, 1993 which resulted in an additional award of 25% permanent partial disability to the body as a whole. A judgment for this award was entered on August 13, 1993. Before the judgment became final, plaintiff filed a motion for a new trial and/or to alter the judgment seeking to increase the award based on newly discovered medical evidence. The record indicates there were no further hearings until July 1997 when the court reconsidered the case by reviewing additional medical records of the treating physician and plaintiff's testimony and determined it was not appropriate to adjust or alter the award of disability. At the trial for the second and last injury, plaintiff testified he was 34 years of age and was a high school graduate. He said he also had some vocational- technical school training and possessed a drafting license. He stated that after the 199 injury, he continued to do light work (mostly sweeping) until about June 22, 199, when he was terminated because his employer stated there was no work available which he could do in his condition. The record indicates he has not worked since leaving employment with defendant. He told the court he was in a great deal of pain and could not sit or stand for any prolonged period of time and that he had to take medication regularly to mask the pain. His complaints of pain were to his low back and leg. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Earl H. Henley, |
Knox County | Workers Compensation Panel | 01/04/99 | |
Jean Dotson vs. Amanda Blake
02A01-9804-CV-00117
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 12/31/98 | |
01C01-9607-CC-00139
01C01-9607-CC-00139
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Criminal Appeals | 12/31/98 | |
Bruce Little vs. State
01C01-9710-CR-00461
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 12/31/98 | |
Bobby Rushing vs. Robert Daniel
02A01-9711-CH-00278
Originating Judge:R. Lee Moore Jr. |
Dyer County | Court of Appeals | 12/31/98 | |
State vs. Alberta Beard, et al
02A01-9806-JV-00159
Originating Judge:J. Weber Mccraw |
Fayette County | Court of Appeals | 12/31/98 | |
01C01-9607-CC-00139
01C01-9607-CC-00139
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Criminal Appeals | 12/31/98 | |
James Thomas Jefferson vs. State
01C01-9711-CR-00538
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 12/31/98 | |
Bruce Little vs. State
01C01-9710-CR-00461
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Davidson County | Court of Criminal Appeals | 12/31/98 | |
Kenneth Culbert v. Carter County, Tennessee
03A01-9801-CV-00018
The appellant, Mr. Kenneth Culbert, appeals from an order of the Circuit Court of Carter County granting Carter County’s motion to dismiss or for summary judgment of Mr. Culbert’s appeal of a decision of the Carter County Planning Commission by a writ of certiorari.
Authoring Judge: Presiding Judge Houston M. Goddard
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Carter County | Court of Appeals | 12/31/98 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 12/31/98 | ||
State vs. Isaiah Higgs
02C01-9801-CR-00021
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 12/31/98 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamilton County | Court of Appeals | 12/31/98 | |
State vs. Tony Young
02C01-9801-CR-00010
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Shelby County | Court of Criminal Appeals | 12/31/98 | |
James Thomas Jefferson vs. State
01C01-9711-CR-00538
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 12/31/98 | |
State vs. Vickie Herron/Wanda Griffin
02C01-9702-CR-00067
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Shelby County | Court of Criminal Appeals | 12/31/98 | |
State vs. Terry Smith
01C01-9609-CC-00404
Originating Judge:Allen W. Wallace |
Cheatham County | Court of Criminal Appeals | 12/31/98 |