APPELLATE COURT OPINIONS

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State vs. Gunter

03C01-9605-CC-00183
Jefferson County Court of Criminal Appeals 12/17/97
State vs. Mark Bateman

01C01-9608-CC-00377

Originating Judge:Cornelia A. Clark
Williamson County Court of Criminal Appeals 12/17/97
Wayland vs. Peters

03A01-9705-CV-00172
Scott County Court of Criminal Appeals 12/17/97
In re: The Conservatorship of Matthew Hurline

01A01-9703-PB-00135

Originating Judge:Tom E. Gray
Sumner County Court of Appeals 12/17/97
02A01-9701-CV-00025

02A01-9701-CV-00025

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 12/17/97
Birdwell vs. McKinney, et. ux.

01A01-9701-CV-00023

Originating Judge:James E. Walton
Robertson County Court of Appeals 12/17/97
McCray vs. McCray

01A01-9704-CH-00170

Originating Judge:Jim T. Hamilton
Maury County Court of Appeals 12/17/97
Laura Muller vs. Evelyn Lannom

02A01-9702-CH-00043

Originating Judge:J. Steven Stafford
Lake County Court of Appeals 12/17/97
State vs. Charles Fowler

01C01-9608-CC-00363
Coffee County Court of Criminal Appeals 12/17/97
City of Murfreesboro vs. Worthington

01A01-9703-CV-00124

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 12/17/97
Brian David McCray, v. Irene Carol Klanseck McCray

01A01-9704-CH-00170

This appeal seeks review of a post-divorce decree judgment entered by the Trial Court on December 6, 1996, finding the husband guilty of contempt, adjusting alimony and child support, determining the amount of unpaid arrearage of each, ordering monthly payments of the adjudicated arrearage and committing the husband to jail upon failure to pay any monthly installment required by the order. On August 1, 1997, this Court filed an opinion disposing of a previous appeal from an order entered by the Trial Court December 22, 1995. No application was filed for permission to appeal to the Supreme Court, and mandate was issued to the Trial Court. The August 1, 1997 judgment of this Court is now final.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Jim T. Hamilton
Court of Appeals 12/17/97
State vs. Day

03C01-9602-CC-00076
Sullivan County Court of Criminal Appeals 12/16/97
Bailey vs. State

03C01-9701-CR-00026

Originating Judge:Frank L. Slaughter
Sullivan County Court of Criminal Appeals 12/16/97
03C01-9605-CR-00197

03C01-9605-CR-00197

Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 12/16/97
Craig Ring v. Ckr Industries, Inc., et al.

01S01-9702-CV-00031
This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, CKR Industries, Inc. and The Yasuda Fire & Marine Insurance Company of America, appeal the judgment of the trial court in finding the plaintiff, Craig Ring, sustained a compensable work-related injury and awarding permanent partial disability of twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court. The plaintiff, Craig Ring, was 26 years of age at the time of this trial. He has a GED, no specialized job training, and a prior history of factory production work. Plaintiff worked for defendant, CKR Industries for 4 years prior to Au gust 3, 1994 , when he reported an injury to his left index finger and arm. He operated a press or machine at that time which required repetitive movement of both arms. Dr. Mary Ellen Clinton, a board certified neurologist, examined and treated plaintiff after he had been seen and referred by numerous doctors. She gave various possible causes of plaintiff's problem, but stated his condition was not work-related. Plaintiff was seen by Dr. Richard Fishbein, a board certified orthopedic surgeon, for the purpose of an ind ependent me dical evaluation. Dr. Fishbein was of the opinion the plaintiff's condition was ulnar neuropathy caused by his repetitive work. He assessed a permanent partial impairment of fifteen percent (15%) to the left upper extremity and assigned work restrictions of no lifting of more than 2 pounds on a regular basis and n o more than 5 pounds on a very infrequent basis. Plaintiff testified he really did not know how or when he hurt his finger and arm, but they first became painful at wo rk on Augus t 3, 1994. At trial, he comp lained of constant pain in his left elbow and numbness in the tip of his left index finger. Because of his work restrictions, he has been transferred to a lighter job at less pay. Plaintiff has taken up go lf, built a deck on his house, and raced four wheelers since August, 1994. At trial, the parties stipulated the date of the injury, notice, all medical bills and temporary total disability payments had been paid, and the appropriate weekly compensation 2
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. J. Curtis Smith,
Smith County Workers Compensation Panel 12/16/97
State vs. Strickland

03C01-9611-CC-00427
Cocke County Court of Criminal Appeals 12/16/97
State vs. Brown

03C01-9505-CR-00139

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 12/16/97
State vs. Brown

03C01-9608-CR-00313

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 12/16/97
Joan Douglas and Germantown REalty, Inc., D/B/A Coldwell Banker, v., Frank Tibbs and Afsameh M. Tibbs

02A01-9602-CH-00033

This action to recover a commission on the sale of real estate was dismissed at the close of the plaintiff’s case. She appeals and presents for review the propriety of the dismissal of her case.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Floyd Peete, Jr.
Shelby County Court of Appeals 12/16/97
Corso vs. Jones

03C01-9703-CR-00099

Originating Judge:E. Eugene Eblen
Morgan County Court of Criminal Appeals 12/16/97
Wallace Palmore v. Frito-Lay, Inc., et al.

01S01-9610-CV-00204
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Lawrence County Workers Compensation Panel 12/16/97
Terry E. McLeese, Jr., v. Tammy Lynn McLeese - Concurring

02A01-9605-CH-00130

Custody of the five-year-old son of these parties was awarded to the appellee-mother in a post-divorce hearing. The parties initially agreed upon joint custody.  The father appeals, complaining essentially that the Chancellor relied too heavily on the tender years doctrine. We cannot substitute our judgment for that of the Chancellor, but are bound by the limitations imposed by TENN. R. APP. P., RULE 13(d). Unless the  evidence preponderates against the judgment, we must affirm.

Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Walton West
Henry County Court of Appeals 12/16/97
Mary Bain vs. Terrance Simpson

M2001-00088-COA-R3-CV
- This appeal involves a trial court's granting of a motion for remittitur following a jury's verdict of $19,790.00 in favor of the plaintiff. The suit arose from an automobile accident caused by defendant in which plaintiff's back was injured. The evidence at trial indicated that the injury was an aggravation of a preexisting condition that caused the plaintiff additional pain and suffering for a period of approximately six months. Based on our review of the evidence, we reverse the trial court's reduction of damages and reinstate the jury's verdict.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 12/16/97
State vs. Housewright

03C01-9705-CR-00195
Sullivan County Court of Criminal Appeals 12/16/97
Jackson Bradley v. Loretto Casket Company, et al.

01S01-9701-CH-00016
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Bradley County Workers Compensation Panel 12/16/97