APPELLATE COURT OPINIONS

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State vs. Timmy Beavers

01C01-9709-CC-00394

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 09/23/98
State., ex. rel. Peggy Richardson vs. Richardson

01A01-9706-CV-00274

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 09/23/98
Crye-Leike Realtors vs. WDM

02A01-9711-CH-00287

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 09/23/98
Johnson vs. Dept. of Corrections

01A01-9710-CH-00586

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 09/23/98
Dyer vs. State

03C01-9712-CR-00515

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 09/23/98
03C01-9803-CR-00089

03C01-9803-CR-00089

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 09/23/98
Baumgardner & wife vs. ACD Tridon North America

01A01-9806-CV-00307

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 09/23/98
Dorothy Lewis vs. Julie Donoho

02A01-9708-CV-00201

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Appeals 09/23/98
03A01-9708-CH-00431

03A01-9708-CH-00431
Court of Appeals 09/23/98
State vs. Andrew Cole

02C01-9712-CC-00461

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 09/22/98
James Carroll vs. Carolyn Whitney

02A01-9707-CV-00162

Originating Judge:Janice M. Holder
Shelby County Court of Appeals 09/22/98
Vickie Lewis v. Otis Campbell & Robert Dinwiddie

M2000-03092-COA-R3-CV
This case involves allegations of medical malpractice and misrepresentation. In September 1998, the plaintiff patient began visiting the office of the defendant physician for medical treatment. In February or March 1999, the patient discovered that the person treating her was not the defendant physician. In June 1999, the patient discovered that the person treating her was a pharmacist. In April 2000, the plaintiff patient filed a lawsuit against the physician and the pharmacist, asserting medical malpractice and misrepresentation. The trial court granted summary judgment to the defendants based on the one-year statute of limitations. The plaintiff now appeals. We affirm, finding that plaintiff had sufficient knowledge in February or March 1999 to put her on notice of her cause of action, and, consequently, her April 2000 lawsuit was barred by the statute of limitations.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Charles D. Haston, Sr.
Warren County Court of Appeals 09/22/98
Brewer vs. State

03C01-9709-CC-00397

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 09/22/98
State vs. Michael Walls

01C01-9708-CC-00381
Franklin County Court of Criminal Appeals 09/22/98
State vs. Mark Cash

01C01-9712-CR-00579

Originating Judge:Leon C. Burns, Jr.
Putnam County Court of Criminal Appeals 09/22/98
State vs. Smith, a.k.a Maxwell

03C01-9708-CR-00366

Originating Judge:Mary Beth Leibowitz
Knox County Court of Criminal Appeals 09/22/98
State vs. Don Allen Rodgers

W2000-00714-CCA-R3-CD
The defendant appeals the trial court's revocation of his community corrections sentence and the imposition of incarceration in the Department of Correction. Finding no abuse of the trial court's discretion in making either determination, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 09/22/98
State vs. Jeffrey Hankins

02C01-9709-CC-00355

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 09/22/98
State vs. Corey Powell

02C01-9707-CC-00265
Fayette County Court of Criminal Appeals 09/22/98
State vs. Gilliam

03C01-9711-CC-00489

Originating Judge:James E. Beckner
Hawkins County Court of Criminal Appeals 09/22/98
01C01-9707-CR-00248

01C01-9707-CR-00248
Davidson County Court of Criminal Appeals 09/22/98
State vs. Quintero and Hall

01S01-9703-CC-00068
Humphreys County Supreme Court 09/21/98
Alexander, et. al. vs. Inman

01S01-9705-CH-00103
Davidson County Supreme Court 09/21/98
Larry Donald Setsor v. England Corcsair, Inc.

03S01-9708-CH-00103
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee [appellee] sustained three successive cervical spine injuries while working for the employer [appellant]. Appellee filed suit in January 1995 for the first injury and in August 1995 for the second injury. Appellant filed suit in August 1996 for judicial determination of its rights and obligations after the appellee alleged the third injury in May 1996. These three cases were consolidated for trial. The trial judge found the appellee had sustained 25 percent vocational disability from the first injury, 25 percent from the second injury, and no vocational disability from the third injury. The employer appeals, insisting that the trial judge improperly assessed the credibility of the medical evidence to reach an excessive award and erred in authorizing the employee to choose a new treating doctor. We affirm the judgment of the trial court. Larry Donald Setsor, the appellee, is 45 years old, has a high school education, and has three months' vocational training1 for air-conditioning and refrigeration repair. He also trained to sell insurance, and attempted unsuccessfully to do so for eight months. His work experience includes upholstering, assembly line production and truck driving for this employer. In April 1994, appellee ruptured a cervical disc at C6/7 while unloading furniture at work. The employer sent him to a chiropractor, who referred him to Dr. Fred Killeffer, a neurosurgeon, who performed surgical removal of a disc 1He did not complete the course. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Chancellor
Knox County Workers Compensation Panel 09/21/98
Miller vs. Miller

M1999-00226-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/21/98