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Jones v. Liberty Mutual Ins. Co.
03S01-9806-CV-00057
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 insurance carrier, Liberty Mutual Insurance Company, has appealed the trial court's award of 6% permanent partial disability to the body as a whole. Since the award did not result in invoking any provision of the second injury fund statute, T.C.A. _ 5-6-28, the case against the state fund was dismissed. The trial commenced on August 16, 1996 and continued through several hearings until a final hearing on March 6, 1998. While there were many issues at the trial stage, the appeal only involves two issues. The insurance company contends (1) the evidence preponderates against the award of 6% permanent disability and (2) the evidence preponderates against the trial court's ruling that the employee was entitled to temporary total disability benefits up to December 1, 1997. We have carefully examined the lengthy record and are of the opinion the judgment entered below should be affirmed. The employee, Robert Jones, sustained a work-related back injury on July 2, 1994 when he fell from standing on a five gallon barrel or drum. At the date of the initial hearing, he testified he was 4 years of age, had a G.E.D. certificate and had received some vocational training. He contends he sustained physical and mental injuries as a result of the accident. Prior to the accident in July 1994, plaintiff had received several warnings concerning unexcused absences from work and was eventually terminated after the accident during March or April 1995. He told the trial court he had missed several days work due to doctor visits and upon returning to work was told he did not have authority to be absent and he was terminated. He stated he had not worked since the termination and that he was not able to work; that he still endured a lot of pain and felt he was 1% disabled. His testimony also indicates that after the accident in question, he became separated and divorced from his wife, lost his house due to a fire and was caring for his two small children. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. John J. Maddux, |
Knox County | Workers Compensation Panel | 08/27/99 | |
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Daniel Benson Taylor vs. State
01C01-9904-CC-00132
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Court of Criminal Appeals | 08/27/99 | ||
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State vs. David Hundley
W2001-00500-CCA-RM-PC
In this case, the petitioner, David Lee Hundley, filed a petition for post-conviction relief. The trial court dismissed the petition on the basis that it was barred by the applicable statute of limitations. Our Court reversed and remanded for a determination by the trial court as to whether there was sufficient evidence of Petitioner's prior mental health problems to warrant a tolling of the statute of limitations. David Lee Hundley v. State, No. 02C01-9810-CC-00313, 1999 WL 668723, Weakley County (Tenn. Crim. App., Jackson, August 26, 1999). The supreme court granted the State's application for permission to appeal pursuant to Tenn. R. App. P. 11 and remanded the case to this Court for reconsideration in light of State v. Nix, S.W.3d, No. E1999-02715-SC-R11-PC, slip op. (Tenn. Feb. 20, 2001). Upon remand, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 08/26/99 | |
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Michael Dickerson vs. State
03C01-9808-CC-00306
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 08/26/99 | |
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Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne
E1999-02012-COA-R3-CV
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/26/99 | |
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State vs. James Otis Martin
03C01-9803-CR-00103
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/26/99 | |
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State vs. Gerald Schaffer
03C01-9807-CR-00226
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/26/99 | |
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State vs. David Hundley
02C01-9810-CC-00313
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 08/26/99 | |
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State vs. Jerry Hayes
02C01-9810-CC-00338
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 08/26/99 | |
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Gregory B. Hinton vs. City of Chattanooga
03A01-9901-CV-00013
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Hamilton County | Court of Appeals | 08/25/99 | |
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Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
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Court of Appeals | 08/25/99 | ||
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Gary William Holt vs. State
03C01-9808-CR-00279
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
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State vs. Bao Nguyon
02C01-9801-CR-00004
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 08/25/99 | |
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Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
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Court of Appeals | 08/25/99 | ||
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Thomas Cook vs. State
03C01-9808-CR-00281
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Hamilton County | Court of Criminal Appeals | 08/25/99 | |
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State vs. Guillermo Matian Juan
03C01-9812-CR-00443
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
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State vs. Eric Carter
02C01-9809-CR-00299
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/25/99 | |
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Begley Lumber Company, Inc. vs. Wendell Trammell
03A01-9902-CH-00047
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Court of Appeals | 08/25/99 | ||
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Saul T. Mallen (Sports-Wear Mills, Inc.) vs. PI, Inc.
03A01-9811-CH-00364
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Court of Appeals | 08/25/99 | ||
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John Seals vs. James Bowlen, Warden, et al
M1999-00997-COA-R3-CV
Petitioner, a state inmate, filed the underlying pro se petition for a writ of certiorari to challenge the result of a disciplinary proceeding against him. The trial court dismissed the suit for failure to state a claim. We reverse the dismissal of all parties except the Department of Correction and affirm the dismissal for failure to state a claim.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/25/99 | |
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Robert Odom v. Mary Odom
M1999-02811-COA-R3-CV
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 08/25/99 | |
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Adrian Waite vs. State
03C01-9809-CR-00343
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
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William Terry Wyatt vs. Billie Carey
03A01-9809-CV-00307
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Cumberland County | Court of Appeals | 08/25/99 | |
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Boardwalk Regency Corp. v. Roy Patterson and Trump Taj Mahal Assoc. v. Roy Patterson
M1999-02805-COA-R3-CV
This appeal involves the efforts of two Atlantic City casinos to collect the gambling debts of a Tennessee resident. After obtaining default judgments against the Tennessee resident in New Jersey, the casinos twice attempted to file their judgments in the Chancery Court for Putnam County in accordance with the Uniform Enforcement of Foreign Judgments Act. On both occasions, the trial court declined to file the judgments after finding that they were irregular and that they were not properly authenticated. On the second occasion, the trial court also concluded that its refusal to file the first set of judgments precluded the casinos from filing the second set of judgments. The casinos have appealed. We have determined that the second set of judgments meet the requirements for filing and enforcement under the Uniform Enforcement of Foreign Judgments Act and that the casinos' unsuccessful efforts to file the first set of judgments does not prevent them from filing the second set of judgments. Accordingly, we reverse the trial court's order denying the application to enforce the foreign judgments.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 08/24/99 | |
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Stanley Pearson Posley vs. State
03C01-9809-CR-00307
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Hamilton County | Court of Criminal Appeals | 08/24/99 |