APPELLATE COURT OPINIONS

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Coleman Enterprises, Inc. vs. Huddleston

01S01-9706-CH-00143
Supreme Court 03/30/98
02C01-9708-CR-00328

02C01-9708-CR-00328

Originating Judge:Julian P. Guinn
Decatur County Court of Criminal Appeals 03/30/98
Danny Mitchell v. Aetna Life & Casualty Ins. Co., et al

02S01-9706-CV-00053
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Julian P. Guinn, Judge
Henry County Workers Compensation Panel 03/30/98
State vs. Charles Loveless

02C01-9706-CC-00219

Originating Judge:R. Lee Moore Jr.
Lake County Court of Criminal Appeals 03/30/98
Evans vs. Steelman

01S01-9701-JV-00019

Originating Judge:Shookhoff
Davidson County Supreme Court 03/30/98
State vs. Jimmy High

02C01-9702-CR-00069

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 03/30/98
Walter Austein v. Riverwood Int. USA, Inc.

02S01-9704-CH-00037
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The sole issue on appeal is whether the one-year statute of limitations under T.C.A. _50-6-203 ran prior to the filing of the lawsuit. This marks the second appearance of this case before this panel. In Austein v. Riverwood International USA, Inc., No. 02S01-9507-CH-00059 (Tenn. Work. Comp. App., February 23, 1996), this panel found that the trial court erred in granting summary judgment on the statute of limitations issue because issues of material fact existed concerning both the date the statute of limitations began to run and the estoppel issue. The case was remanded to the trial court for trial on the merits. Plaintiff again appeals the trial court's finding that the statute of limitations ran before he filed this action.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. D. J. Alissandratos
Shelby County Workers Compensation Panel 03/30/98
State vs. Johnny Tillery

01C01-9506-CC-00182

Originating Judge:James L. Weatherford
Giles County Court of Criminal Appeals 03/30/98
Hazel Coln and Carl Coln vs. City of Savannah, TN

02S01-9702-CV-00008

Originating Judge:Julian P. Guinn
Supreme Court 03/30/98
State vs. Alvin Walker

02C01-9705-CR-00189
Shelby County Court of Criminal Appeals 03/30/98
George Randall Bailey v. U.S.F.&G. & Institutional Distributors

02S01-9704-CV-00025
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 trial judge found the plaintiff to be 15 percent permanently partially disabled on account of "emotional or behavioral symptoms." The plaintiff appeals, insisting that the preponderance of the evidence requires a greater award. We disagree, and accordingly affirm the judgment. On March 4, 1996, the plaintiff was injured when struck on the head by falling cartons of pizza dough. A CAT scan revealed no cranial pathology, but owing to his continuing complaints, the plaintiff was extensively treated and examined by Dr. R. A. Tyrer, Dr. Robert Greene, Jr., and Dr. Glenn Barnett, II, neurosurgeons; Dr. Robert Pusakulich, a clinical psychologist; and other experts. The neurologists administered various tests, including an MRI of the brain, MRI of the lumbar spine, MRI of the cervical spine, and an MRI of the head. A host of x-rays, a bone scan and a spinal tap completed the diagnostic testing. These experts found no disability. Dr. Pusakulich believed that the plaintiff was suffering from a "great deal of financial overlay;" so did Dr. Barnett. Dr. Pusakulich also believed the plaintiff demonstrated a remarkable psychogenic overlay, as evidenced by his complaint of double vision that "he saw double with both eyes open and one eye closed," a neuroanatomical impossibility. The plaintiff was referred to Dr. Tewfik E. Rizk, of the St. Joseph Hospital Rehabilitation Center, by his attorney. On his initial examination, Dr. Rizk testified that the plaintiff had a slow, slurred speech, memory loss, and was limping on the left side. His diagnosis was post-traumatic closed-head injury syndrome with left-side hemiparesis. He disagreed with the conclusions 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. William B. Acree, Jr.
Weakley County Workers Compensation Panel 03/30/98
03S01-9704-PB-00042

03S01-9704-PB-00042
Supreme Court 03/30/98
Robert Utley v. Robert Orr-Sysco

M2000-02904-COA-R3-CV
This is a premises liability case. The plaintiff was shopping in a store owned by the defendant when the plaintiff slipped and fell on a clear liquid substance and sustained personal injuries. The plaintiff shopper sued the defendant store owner on a theory of premises liability. The trial court granted summary judgment in favor of the defendant. The plaintiff now appeals. We affirm, finding that the plaintiff submitted insufficient evidence to create a genuine issue of material fact regarding whether the store had actual or constructive notice of the dangerous condition prior to the plaintiff's fall.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 03/27/98
Moody vs.Dist. Public Defenders Conference

01A01-9707-CH-00311

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/27/98
Casa vs. Musick

03A01-9708-JV-00368
Court of Appeals 03/27/98
State vs. Green

03C01-9610-CR-00379

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 03/27/98
03A01-9708-CH-00376

03A01-9708-CH-00376
Court of Appeals 03/27/98
Lucas vs. Lucas

03A01-9707-CV-00298
Court of Appeals 03/27/98
Peele vs. Earl

03A01-9707-CV-00244
Court of Appeals 03/27/98
Betty A. Primm v. Kantus Corp., et al.

01S01-9705-CV-00120
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. Appellate review requires that we presume that the judgment of the trial court is correct. RULE 13(d), T. R. A. P. We indulge no other presumptions, but look to see where the preponderance of the evidence lies.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell
Marshall County Workers Compensation Panel 03/27/98
Waters vs. Layne

01A01-9708-CV-00402

Originating Judge:Buddy D. Perry
Marion County Court of Appeals 03/27/98
02C01-9612-CR-00457Cecil

02C01-9612-CR-00457Cecil

Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 03/27/98
02C01-9606-CR-00199

02C01-9606-CR-00199

Originating Judge:C. Creed Mcginley
Henry County Court of Criminal Appeals 03/27/98
State vs. Smith

03C01-9706-CR-00201

Originating Judge:Gary D. Gerbitz
Hamilton County Court of Criminal Appeals 03/27/98
Isom vs. Knox Co.

03A01-9708-CH-00333
Knox County Court of Appeals 03/27/98