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| Dillard vs. The Vanderbilt University
01A01-9706-CV-00265
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 01/30/98 | |
| State vs. Melvin Currie
02C01-9701-CC-00047
|
Haywood County | Court of Criminal Appeals | 01/30/98 | |
| Nathan Wayne Smith v. Maremont Corporation
01S01-9703-CV-00077
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 filed this lawsuit alleging that he has suffered permanent partial disability as a result of an accident in the course and scope of his employment with the Defendant. The matter was heard by the trial court on May 1, 1993. The court awarded plaintiff 25% permanent partial impairment to the body as a whole. The trial court also awarded benefits paid in a lump sum. Within 3 days from the judgment of the trial court the plaintiff filed a motion to alter or amend the judgment; the substance of plaintiff's motion to alter and amend was that the court should have awarded a greater percentage of permanent partial impairment based on the proof. Later, in l995 the motion to amend and alter the judgment was amended to contain allegations of newly discovered evidence; this new allegation was based on alleged new discovery of a cervical problem, a slipped disc; plaintiff alleged that this new injury related back to the original lumbar back injury. The trial Judge heard the motion to amend and the later filed amended motion alleging newly discovered evidence. The motion was denied in October, 1996. The court ruled that T.C.A._ 5-6-231 provides that lump sum payments are final and dismissed plaintiff's motion. This appeal presents two issues: (1) Whether the court erred in awarding 25% permanent partial disability, and (2) Whether the court erred in not granting plaintiff's motion for a hearing based upon newly discovered evidence. The panel affirms the trial court on both issues. However, the Panel remands the question of whether the newly discovered cervical disc problem, that led to a subsequent cervical surgery which is the focal point of the motion to alter and to amend, relates back to the original lumbar back injury which, in turn, would render the defendant liable for medical expenses. The proof discloses that Mr. Smith, the plaintiff, at the time of the trial was 51 years old, and possessed a high school education. He has a variety of job skills including previous employment as a carpenter, employment with a termite company, electrical and other diverse jobs. At the 2 time of the injury involved in this lawsuit he was employed with Maremont having worked there from June, 1967 to October, 1988. The plaintiff has been unemployed since 1988.
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Jim Hamilton |
Smith County | Workers Compensation Panel | 01/30/98 | |
| 01A01-9605-CH-00229
01A01-9605-CH-00229
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 01/30/98 | |
| State vs. Marcus Velez
01C01-9611-CC-00488
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 01/30/98 | |
| Oolie vs. Qureshi
01A01-9706-CV-00240
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/30/98 | |
| 02C01-9611-CR-00384Cecil
02C01-9611-CR-00384Cecil
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 01/30/98 | |
| State vs. Estes Anderson
02C01-9704-CC-00141
|
Lake County | Court of Criminal Appeals | 01/30/98 | |
| 01C01-9607-CC-00308
01C01-9607-CC-00308
|
Trousdale County | Court of Criminal Appeals | 01/30/98 | |
| State vs. Michael Holmes
02C01-9703-CR-00106
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| State vs. Frank Bradford
02C01-9701-CR-00042
|
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| | State vs. Ricky Jackson
02C01-9702-CR-00081
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| State vs. Demarco Bowdery, et al
02C01-9705-CR-00173
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| State vs. Samuel Perry
02C01-9611-CR-00435
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| 01C01-9608-CR-00369
01C01-9608-CR-00369
|
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| Standard Fire Ins. vs. Chester-O-Donley & Assoc.
01A01-9508-CV-00382
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 01/28/98 | |
| Turner vs. Turner
01A01-9704-CV-00188
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 01/28/98 | |
| State vs. Tina Overstreet
01C01-9704-CR-00131
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| Jackson vs. Corrections Corp. of America
01A01-9606-CH-00276
|
Court of Appeals | 01/28/98 | ||
| Ellen Marcus vs. Louis Marcus
02A01-9611-CV-00286
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/28/98 | |
| Someday Baby, Inc. vs. Entertainment Int'l.
01A01-9705-CH-00228
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/28/98 | |
| 03C01-9703-CR-00090
03C01-9703-CR-00090
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 01/28/98 | |
| Sawyer vs. Girsham, et. al.
01A01-9604-CH-00176
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 01/28/98 | |
| Ricky Summers vs. State
01C01-9608-CR-00332
|
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| Mitchell vs. Archibald & Metro. Gov't.
01A01-9706-CV-00264
Originating Judge:Michael Mondelli |
Davidson County | Court of Appeals | 01/28/98 |