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| State of Tennessee v. Bobby Ed Begley
01S01-9607-CR-00134
We granted the defendant’s application for permission to appeal in order to determine whether the trial court abused its discretion1 in admitting testimony concerning the results of a certain method of DNA analysis. While we have previously considered the admission of the results of DNA analysis using the “restriction fragment length polymorphism” (RFLP) method, we address for the first time the admission of testimony regarding DNA analysis using the “polymerase chain reaction” (PCR) method. PCR is to be distinguished from RFLP, the method more statistically precise and firmly established in both the scientific and legal community. After a jury-out hearing, the trial court admitted expert testimony about the results of the PCR analysis performed on the defendant’s clothing, and the Court of Criminal Appeals upheld the trial court’s determination.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge J. Wyatt Randall, Jr. |
Davidson County | Supreme Court | 11/03/97 | |
| Christopher v. Sockwell
01S01-9703-CV-00047
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. At the trial, the only issue was the extent of the claimant's permanent partial disability. In this appeal, the employer's insurer, Argonaut, contends the trial judge (1) erred in accepting the opinion testimony of an examining physician over that of the treating physician and (2) erred in using a multiplier of 4.9 times the medical impairment to determine the claimant's permanent partial disability. As discussed below, the panel has found no reversible error but concluded the award of permanent partial disability benefits should be modified. The employee or claimant, Atkins, is forty-four years old with a college degree in social science work. He has worked as an instructor and hearing officer with the state of Tennessee, as a supervisor with the United States Department of Commerce, as a machine operator and as a forklift operator. On April 18, 1994, Atkins stepped off a forklift and fell, injuring his back and bruising his right side from his shoulder to his foot. He was referred to Dr. David McCord, who performed disc surgery at L4-5 on May 23, 1994. When the claimant's condition did not improve, the doctor performed fusion surgery. At the time of the trial on August 31, 1996, the fusion had not healed and the claimant had not been released by Dr. McCord to return to work. The doctor assessed the claimant's permanent impairment at fifteen percent to the whole body. At the claimant's request, Dr. David W. Gaw conducted a physical examination of the claimant and assessed his permanent impairment at eighteen percent to the whole body. At the insurer's request, Dr. Michael James McNamara conducted a physical examination and assessed his permanent impairment at ten percent to the whole body. From the testimony of the claimant, which the trial judge found to be credible, and the other evidence, the trial judge found the opinion testimony of Dr. Gaw to be "the most convincing." He then multiplied the eighteen percent impairment by 4.9, after stating, "I agree with counsel that the multipliers 5 and 6 are out," and awarded permanent partial disability benefits based on 88.2% to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. James E. Walton, |
Montgomery County | Workers Compensation Panel | 10/31/97 | |
| Fortunes vs. Watson
03A01-9705-CV-00164
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 10/31/97 | |
| Miller vs. State
03C01-9608-CC-00323
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 10/31/97 | |
| 03C01-9612-CR-00453
03C01-9612-CR-00453
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Johnson County | Court of Criminal Appeals | 10/31/97 | |
| Engenius Entertainment vs. W. W. Herenton, et al
02A01-9704-CH-00078
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/31/97 | |
| Dan Lomax vs. JMCGH
02A01-9706-CH-00116
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/31/97 | |
| Gates vs. State
03C01-9510-CC-00313
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 10/31/97 | |
| State vs. Ball
03C01-9512-CC-00387
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 10/31/97 | |
| Courtner vs. State
03C01-9701-CR-00005
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Johnson County | Court of Criminal Appeals | 10/31/97 | |
| McBee/Dunlap vs. State
03C01-9509-CR-00276
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Knox County | Court of Criminal Appeals | 10/31/97 | |
| Donald D'Amico vs. James Davenport, et al
02A01-9705-CH-00097
Originating Judge:Joe C. Morris |
Court of Appeals | 10/31/97 | ||
| Roxie Moorehead v. Lincoln & Donalson Care Center
01S01-9703-CV-00049
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 issue is this case is whether the replacement of the plaintiff's right knee was causally related to a compensable accident within the purview of applicable law. The trial judge found the issue in favor of the plaintiff and awarded benefits based upon a determination that she had an 85 percent permanent partial disability to her right leg. The employer appeals, insisting that the judgment is contrary to the preponderance of the evidence. Our 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 finding, 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 584 (Tenn. 1991). The plaintiff is a 62 year old woman of limited education and skills. She was employed as a nursing technician1 at the Care Center where she began work in 1991. On April 17, 1994, a patient whom she was attending kicked her right knee, which caused momentary pain. She continued to work for three weeks during which time her knee became stiff and painful. She was seen by Dr. Michael Siaw, an orthopedic specialist who recommended conservative treatment. She did not respond, and Dr. Siaw scheduled her for a MRI which revealed an oblique tear of the lateral meniscus. Dr. Siaw believed this injury was consonant with the history the plaintiff gave him of having been kicked on the knee by a patient at the nursing home. Eventually, it became necessary to correct the tear arthroscopically. This procedure was performed on July 5, 1994, and successfully so, although pre- existing osteoarthritis continued to cause the plaintiff considerable pain. The plaintiff returned to work, and the arthritic condition worsened, according to her. Dr. Siaw saw her on June 21, 1996 and discovered that she had a total knee replacement 1 Being a nursing technician involves lifting, bathing, feeding, and dressing patients. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell, |
Moore County | Workers Compensation Panel | 10/31/97 | |
| Cook vs. Brookside
03A01-9706-CV-00212
|
Court of Appeals | 10/31/97 | ||
| John Tigrett vs. Union Planters Bank
02A01-9703-CV-00057
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 10/31/97 | |
| Volunteer Beer, Inc. vs. Johnson, Jr.
01A01-9703-CH-00126
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 10/31/97 | |
| State vs. Harris
03C01-9611-CR-00428
|
Anderson County | Court of Criminal Appeals | 10/31/97 | |
| 03C01-9405-CR-00161
03C01-9405-CR-00161
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 10/31/97 | |
| Shofner vs. Red Food Stores (TN)
01A01-9609-CV-00437
Originating Judge:Lee Russell |
Bedford County | Court of Appeals | 10/31/97 | |
| State Dept. of Children Svcs vs. Manier
01A01-9703-JV-00116
Originating Judge:John B. Melton |
Cannon County | Court of Appeals | 10/31/97 | |
| State vs. Greene
03C01-9608-CC-00316
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Blount County | Court of Criminal Appeals | 10/31/97 | |
| Marcella J. Cheek, v. Margaret Culpepper, Commissioner of Employment Security and Galen Internal Medicine Group, P.C.
03A01-9706-CH-00218
The Appeals Tribunal and the Board of Review held that this appellee was disqualified to receive unemployment insurance benefits because she voluntarily quit her job without good cause. Judicial review was sought by the appellee, and the decision of the Board of Review was reversed by the Chancellor, who found that “there was no substantial evidence to support the finding of fact that the petitioner’s shift change was temporary.” The employer appeals and presents for review the propriety of the reversal of the decision of the Board of Review.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Earl H. Henley |
Bradley County | Court of Appeals | 10/30/97 | |
| Hyson vs. State
03C01-9611-CR-00393
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Johnson County | Court of Criminal Appeals | 10/30/97 | |
| State vs. Patsy Baker
01C01-9508-CC-00277
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Franklin County | Court of Criminal Appeals | 10/30/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/30/97 |