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| State vs. Padgett
03C01-9704-CR-00138
|
Hamilton County | Court of Criminal Appeals | 08/14/98 | |
| Collier vs. State
03C01-9710-CR-00464
|
Morgan County | Court of Criminal Appeals | 08/14/98 | |
| State vs. O'Malley
03C01-9704-CC-00119
|
Blount County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Brian Hunter
02C01-9708-CR-00309
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Brian Hunter
02C01-9708-CR-00309
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Rice
03C01-9707-CR-00252
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Drinnon
03C01-9708-CR-00347
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Anthony Richardson
02C01-9605-CR-00140
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 08/13/98 | |
| State vs. Derrick Means
02C01-9707-CR-00248
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 08/13/98 | |
| State vs. William Parker
02C01-9711-CC-00432
|
Henry County | Court of Criminal Appeals | 08/13/98 | |
| State vs. Gary Prude
02C01-9711-CR-00425
|
Shelby County | Court of Criminal Appeals | 08/12/98 | |
| Tipton vs. Burr & Blue Ridge Drilling
01A01-9707-CH-00363
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 08/12/98 | |
| State vs. Robert Taylor
02C01-9805-CC-00161
|
Haywood County | Court of Criminal Appeals | 08/12/98 | |
| Linda L. Mires v. David Clay and Bill Hayes, et al.
02A01-9707-CV-00172
This case involves the violation of the Tennessee Consumer Protection Act (TCPA) in connection with a breach of a residential construction contract. Defendant, Bill Hayes, appeals the judgment of the trial court on a jury verdict awarding plaintiff, Linda Mires, $5,000.00 for 1Rufus and Linda Mires filed the original suit in April 1995 but took a voluntary nonsuit. Mr. Mires died after the suit was refiled, so Mrs. Mires amended the complaint to list herself as plaintiff, individually, and as the executrix of the estate of Rufus Mires. Since Mr. Mires was alive throughout the events that precipitated this suit, we use the plural “plaintiffs” throughout this opinion. 2 violation of TCPA and the trial court’s order awarding plaintiff $5,907.50 in attorney fees and expenses.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Bill Acree |
Weakley County | Court of Appeals | 08/12/98 | |
| Planned Parenthood Association vs. McWherter
01A01-9601-CV-00052
Originating Judge:Henry F. Todd |
Court of Appeals | 08/12/98 | ||
| State vs. Michael Martin
02C01-9804-CC-00101
|
Lake County | Court of Criminal Appeals | 08/12/98 | |
| State vs. James Nichols
01C01-9704-CR-00158
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/12/98 | |
| West vs. Luna
01A01-9707-CH-00281
Originating Judge:Tyrus H. Cobb |
Lincoln County | Court of Appeals | 08/12/98 | |
| Wachtel vs. Western Sizzlin Corp.
01A01-9708-CH-00396
Originating Judge:Ben H. Cantrell |
Court of Appeals | 08/12/98 | ||
| Address The Parole Eligibility Jury Instruction. In State v. King, ____ S.W.2D ____
01C01-9704-CC-00158
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/12/98 | |
| Tanya Tucker, et al vs. Capitol Records, Inc.
M2000-01765-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/12/98 | |
| Williamson Co. Broadcasting vs. Intermedia Partners
01A01-9709-CH-00480
Originating Judge:Carol L. Mccoy |
Williamson County | Court of Appeals | 08/12/98 | |
| State vs. Don Carter
02C01-9711-CC-00424
|
McNairy County | Court of Criminal Appeals | 08/10/98 | |
| James Walker Hurst v. Scruggs, Inc.
03S01-9703-CH-00032
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). We find the record supports the finding that the plaintiff is permanently and totally disabled. We modify the apportionment of liability between the employer and the Second Injury Fund.1 The trial court found the plaintiff was injured within the scope of his employment with the defendant on June 17, 1994. The plaintiff had two previous compensable injuries. On June 6, 1983, he was found to have a 6 percent disability to the body as a whole, and on October 8, 1993, he was found to have a 7.5 percent disability as a result of an injury. The trial judge found the plaintiff was totally and permanently disabled from work following the injury of June 17, 1994 (this case). Further, the trial court found, and the record shows, the plaintiff met three out of four requirements for Tenn. Code Ann. _ 5-6-242, which would permit the trial court to exceed the multiplier caps of the statute and award recovery for 4 weeks. In this case, however, the trial court found the plaintiff was entitled to receive benefits until age 65 under the provisions of Tenn. Code Ann. _ 5-6-27(4). In fixing the disability between the employer and the Second Injury Fund, the trial court found that the employer was liable for 32.5 percent of the injury to the plaintiff and the Second Injury Fund was liable for 67.5 percent. At the time the 1 This case was filed March 13, 1997 and has awaited the Supreme Court's decision in Bomely v. Mid-America Corp., ___ S.W.2d ___ (Tenn. 1998), which was filed May 26, 1998. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frederick D. Mcdonald, |
Knox County | Workers Compensation Panel | 08/10/98 | |
| State vs. Creekmore
03C01-9712-CR-00535
|
Scott County | Court of Criminal Appeals | 08/10/98 |