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| State vs. Felts
03C01-9708-CR-00333
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 03/26/98 | |
| Swiggett vs. Ogle
03A01-9709-CH-00430
|
Court of Appeals | 03/26/98 | ||
| State vs. Reginald Mabone
02C01-9705-CR-00181
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/26/98 | |
| State vs. Ctjuan James
02C01-9701-CR-00033
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/26/98 | |
| Martin vs. Martin
03A01-9708-GS-00323
|
Court of Appeals | 03/26/98 | ||
| Estate of Bessie Holmes, Deceased
02A01-9707-PB-00158
Originating Judge:Leonard D. Pierotti |
Shelby County | Court of Appeals | 03/26/98 | |
| State vs. Smith
03C01-9704-CR-00130
|
Hawkins County | Court of Criminal Appeals | 03/26/98 | |
| State vs. Cooley
03C01-9701-CR-00009
Originating Judge:James C. Witt |
Bradley County | Court of Criminal Appeals | 03/26/98 | |
| Charles Dorse vs. Martin Kriger
02A01-9712-CH-00315
|
Shelby County | Court of Appeals | 03/26/98 | |
| Buford vs. Buford
03A01-9710-CV-00445
|
Court of Appeals | 03/26/98 | ||
| State vs. Thomas Stiger
02C01-9702-CR-00053
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 03/26/98 | |
| In the Matter of: Jamie, Janet & Jhanaid Murphy
02A01-9610-CV-00259
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 03/26/98 | |
| H.W. Jenkins Co. vs. G.T. Designs
02A01-9707-CH-00170
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 03/26/98 | |
| Burton vs. State
03C01-9704-CR-00122
|
Johnson County | Court of Criminal Appeals | 03/26/98 | |
| State vs. Latavis Bailey
02C01-9703-CC-00115
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 03/26/98 | |
| Rice vs. Rice
03A01-9709-CV-00415
|
McMinn County | Court of Appeals | 03/26/98 | |
| State vs. Anthony Cicchetto
02C01-9706-CR-00210
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/26/98 | |
| State vs. Tyree
03C01-9607-CC-00279
|
Anderson County | Court of Criminal Appeals | 03/26/98 | |
| State vs. Joseph Manuel
02C01-9705-CC-00175
Originating Judge:Julian P. Guinn |
Benton County | Court of Criminal Appeals | 03/26/98 | |
| Nelson vs. State
03C01-9704-CR-00142
|
Johnson County | Court of Criminal Appeals | 03/26/98 | |
| Shankel vs. Morris
03A01-9710-CV-00478
|
Court of Appeals | 03/26/98 | ||
| State vs. Angie Harris
02C01-9707-CR-00247
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/26/98 | |
| Bobby Riddick v. Jackson Metal Services
02S01-9703-CV-00016
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 trial judge found the plaintiff had suffered a 25 percent permanent partial disability to his left foot. The defendant says the evidence preponderates against a finding the plaintiff had suffered any permanent impairment. We affirm the judgment of the trial court. On May 25, 1995, a steel beam fell upon the plaintiff's foot, causing a fracture of the foot. The medical testimony in this case is not extensive. Dr. Larry David Johnson, an orthopedic surgeon, was the treating physician. Dr. Johnson diagnosed the injury as a non-displaced fracture of the first metatarsal bone of the [left] foot. Dr. Johnson saw the plaintiff on May 23, 1995 for the initial exam and on four occasions after that. He testified the plaintiff recovered from the injury in due course. Dr. Johnson released the plaintiff to work on July 5, 1995 and found he had reached maximum medical recovery at that time. Dr. Johnson examined the plaintiff on August 16, 1995 and found the fracture had healed. Dr. Johnson found the plaintiff suffered no permanent impairment from the injury. Dr. Robert J. Barnett, an orthopedic surgeon, examined the plaintiff in June 1996. Dr. Barnett found that the plaintiff was continuing to have pain in his foot, that he has to walk on the outside of his foot, and that he had some swelling in his left foot. Dr. Barnett's testimony, when read in context of the injury in question, is that the plaintiff sustained a 14 percent permanent partial impairment to his left foot. The defendant asks that Dr. Barnett's testimony be depreciated because his notes showed the injury occurred May 22, 1994 rather than May 22, 1995. When the defendant asked Dr. Barnett if the injury occurred in 1995 rather than 1994 "then we'd be talking a little different situation, wouldn't we," Dr. Barnett answered "could be." The "could be" was never explored beyond this. Dr. Barnett testified subsequently that the differences in dates would not change any opinion he gave. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Franklin Murchison, |
Madison County | Workers Compensation Panel | 03/25/98 | |
| Patsy Stedman v. Hardaway Construction Co., Inc.
02S01-9703-CH-00017
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 trial court found the plaintiff had sustained a 25 percent permanent partial disability to the body as a whole as the result of an injury she suffered at work. The defendant has filed an appeal from the judgment. The plaintiff has moved to dismiss the appeal because the defendant failed to timely file a notice of appeal. We find that the appeal was not timely filed and therefore dismiss the appeal. The judgment in which the plaintiff was awarded 25 percent disability was entered on November 19, 1996. On December 23, 1996, the defendant filed a motion for relief from the judgment under RULE 6.2(1) and (5), TENN. R. CIV. P. The defendant's only basis for relief under this rule was that the failure to timely file a notice of appeal was inadvertent. Counsel asserted she thought the notice had been filed and was surprised to learn it had not been filed. On December 27, 1996, the defendant filed a motion to have the trial court enter a final judgment in the case. In that motion, the defendant asserted the trial court's judgment of November 19, 1996 was not final because it disposed of less than all the claims raised by the plaintiff in the original petition. The defendant's motion asserted that the trial court, in its judgment, had not disposed of the following issues: "(1) Whether plaintiff is entitled to temporary disability benefits; (2) When plaintiff's disability became permanent within the meaning of the Tennessee W orkers' Compensation Law; (3) Whether plaintiff is entitled to reimbursement of medical expenses incurred to date; and (4) Whether plaintiff is entitled to a lump sum award." On January 8, 1997, the trial judge entered an Amended Final Judgment. It is the defendant's contention that under RULE 54.2, TENN. R. CIV. P., the original judgment entered on November 19, 1996 was not final, and until the trial court had entered a final judgment the defendant could not appeal the case under the directive of RULE 3, TENN. R. APP. P. The defendant argues that the time for 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 03/25/98 | |
| Brandon Brantley v. Personnel Placements
02S01-9703-CH-00013
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 plaintiff contends that he got a piece of metal in his eye on Friday, August 25, 1995 at approximately 11: P.M., while working for the defendant, and that he has suffered a compensable injury to his eye. The trial court found the plaintiff had failed to prove the injury was work related. We affirm the judgment of the trial court. The plaintiff testified a piece of metal got in his eye while he was working. He testified he received the injury at 11: P.M., and he searched for his supervisor to report the injury but was unable to find him. He testified he left work as a result of the pain. The plaintiff testified he drove from work to a friend's house and took Tylenol for the pain. The friend did not testify in the case. The plaintiff's time card showed he had checked out at 8:5 P.M. He claimed he was present at work after 8:5 P.M., but he had no explanation for why his card did not show he had checked back into work. The significant medical evidence in this case was given by Dr. James A. Price, an ophthalmologist. Dr. Price saw the plaintiff on August 29, 1995 and found him to have a pseudomonas corneal ulcer -- the pseudomonas being the bacteria which causes the damage. When asked if a piece of metal that had gotten into the eye would have caused the ulcer, Dr. Price was of the opinion that this would be consistent with the condition he found. The plaintiff had not told Dr. Price he had gotten a piece of metal in his eye. Dr. Price testified the plaintiff had lost 9 percent of the vision in his left eye. The trial judge dismissed the case because he found "the plaintiff had failed to carry his burden of proof of causation." From a reading of the record it seems clear the trial judge found the plaintiff failed to show he sustained an injury by accident as he alleged, because he did not credit the plaintiff's testimony. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Henderson County | Workers Compensation Panel | 03/25/98 |