APPELLATE COURT OPINIONS

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State vs. Bryant Dewayne Millen

02S01-9711-CR-00106
Supreme Court 04/26/99
State vs. Gary Johnson

02C01-9803-CR-00082
Shelby County Court of Criminal Appeals 04/26/99
State vs. Bryant Dewayne Millen

02S01-9711-CR-00106

Originating Judge:L. Terry Lafferty
Supreme Court 04/26/99
State vs. Gary Johnson

02C01-9803-CR-00082
Shelby County Court of Criminal Appeals 04/26/99
State vs. Howard Atkins

02C01-9805-CC-00155
Haywood County Court of Criminal Appeals 04/26/99
State vs. Bryant Dewayne Millen

02S01-9711-CR-00106

Originating Judge:L. Terry Lafferty
Supreme Court 04/26/99
Admin. Bd., First United Methodist vs. Dept. Human Services

01A01-9804-CV-00193
Court of Appeals 04/23/99
State vs.Jasper D. Lewis

01C01-9604-CR-00162
Davidson County Court of Criminal Appeals 04/23/99
Mullinax vs. Mullinax

01A01-9803-CH-00137

Originating Judge:Vernon Neal
DeKalb County Court of Appeals 04/23/99
Cavitt vs. TDOC

01A01-9712-CH-00713

Originating Judge:Patricia J. Cottrell
Court of Appeals 04/23/99
BVT Lebanon Shopping Center vs. Wal-Mart

01A01-9710-CV-00607

Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 04/23/99
Randall Clyde Foster v. Carolina Freight Carriers Corp.

02S01-9802-CV-00013
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. Plaintiff/Appellee, Randall Clyde Foster, sustained two successive on-the-job back injuries. He was treated for both injuries by Dr. Thomas D. Weems, a neurosurgeon. The first injury occurred on December 13, 1993, when plaintiff suffered a herniation at the L3-4 level of the spine when he lifted the door of a trailer. This action arose from the second injury that occurred on July 13, 1995, when the plaintiff sustained a herniated disc at the L4-5 level while attempting to lift a stand in a trailer. Both injuries required surgery. Dr. Weems opined that the plaintiff was anatomically impaired at 17 percent to the body as a whole after the first injury, but he rated the plaintiff's impairment to the body as a whole as only 16 percent after the second injury. Suit was filed for workers' compensation benefits arising from the first injury on July 1, 1996. The case was settled by the parties and an order approving the workers' compensation settlement was entered in the Circuit Court of Shelby County on October 2, 1996. The order approving the settlement recited that Dr. Weems had fixed the amount of permanent partial impairment to the body as a whole at 17 percent and the settlement was based upon a 36 percent permanent partial disability to the body as a whole, for a total lump sum of $51,259.68. A certified copy of the order approving the settlement is before us. After trial of the instant case, arising from the accident that occurred on July 13, 1995 (the second accident), the trial court entered a judgment awarding the plaintiff a recovery based upon 3 percent permanent partial disability to the body as a whole. The judgment was erroneous in several respects. It recited that the treating physician had rated the plaintiff's permanent anatomical impairment to the body as a whole resulting from the first injury at 16 percent. Actually, Dr. Weems rated the impairment to the body as a whole from the first injury at 17 percent. More importantly, the judgment recited that the plaintiff had been awarded, pursuant to the settlement of the first accident, benefits upon 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Robert A. Lanier, Judge
Shelby County Workers Compensation Panel 04/23/99
Warner Dunlap vs. Richard Ayers

02A01-9801-CV-00025

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Appeals 04/23/99
State vs. Bernard Anderson

02C01-9710-CR-00394

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 04/23/99
State vs. Timothy Walton

02C01-9807-CC-00210

Originating Judge:R. Lee Moore Jr.
Dyer County Court of Criminal Appeals 04/23/99
Anthony Jerome Stokes vs. State

03C01-9710-CR-00477

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 04/23/99
State vs. Drew vs. Saunders

01C01-9712-CR-00584
Davidson County Court of Criminal Appeals 04/22/99
State vs. Bobby Wilson

01C01-9711-CC-00552
Court of Criminal Appeals 04/22/99
State vs. Sidney/Donald McGlowan

02C01-9706-CR-00225
Shelby County Court of Criminal Appeals 04/22/99
02A01-9807-CH-00203

02A01-9807-CH-00203

Originating Judge:Joe C. Morris
Shelby County Court of Appeals 04/22/99
State vs. David Sharp

02C01-9807-CR-00225

Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 04/22/99
State vs. Jeffery L. Perry

01C01-9710-CC-00467

Originating Judge:Robert E. Burch
Dickson County Court of Criminal Appeals 04/22/99
Georgia/Newman Cross vs. City of Memphis

02A01-9807-CV-00199

Originating Judge:George H. Brown
Shelby County Court of Appeals 04/22/99
02C01-9806-CR-00192Cecil

02C01-9806-CR-00192Cecil

Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 04/22/99
Alvin Seagroves vs. State

01C01-9711-CC-00553
Grundy County Court of Criminal Appeals 04/22/99