APPELLATE COURT OPINIONS

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Richardson vs. State

03C01-9605-CR-00186
Hamilton County Court of Criminal Appeals 01/21/98
Simpson vs. State

03C01-9702-CR-00082

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 01/21/98
State vs. Jacques Sherron

02C01-9512-CC-00364

Originating Judge:Dick Jerman, Jr.
Crockett County Court of Criminal Appeals 01/20/98
State vs. Randy Fiveash

02C01-9611-CR-00429
Shelby County Court of Criminal Appeals 01/20/98
State vs. Thomas Lowery

02C01-9608-CC-00248
Henry County Court of Criminal Appeals 01/20/98
03A01-9707-CV-00292

03A01-9707-CV-00292
Court of Appeals 01/20/98
State vs. William Hopper

02C01-9612-CC-00485

Originating Judge:Julian P. Guinn
Benton County Court of Criminal Appeals 01/20/98
State vs. Cynthia Mancell

02C01-9612-CC-00473

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 01/20/98
In State v. Sam John Passarella, No. 81-260-Iii (Tenn. Crim. App., At Nashville, October

01C01-9801-CR-00049
Davidson County Court of Criminal Appeals 01/20/98
Dowling, aka: Berle

01A01-9706-PB-00268

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 01/16/98
Knight vs. City of Gallatin

01A01-9705-CV-00213

Originating Judge:Thomas Goodall
Court of Appeals 01/16/98
State vs. Holly Earls

01C01-9612-CC-00506

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 01/16/98
Carlton Mayo vs. State

01C01-9703-CC-00074
Montgomery County Court of Criminal Appeals 01/16/98
Smiley, et. al. vs. Walker

01A01-9704-JV-00164

Originating Judge:William C. Koch
Court of Appeals 01/16/98
State vs. Jason Broadnax

01C01-9702-CC-00044

Originating Judge:Robert W. Wedemeyer
Montgomery County Court of Criminal Appeals 01/16/98
Dowling, aka: Berle

01A01-9706-PB-00268
Court of Appeals 01/16/98
Smiley, et. al. vs. Walker

01A01-9704-JV-00164

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 01/16/98
Wilson vs. Mcwherter

01A01-9706-CV-00266

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 01/16/98
Griffin (Meyer) vs. Griffin

01A01-9704-CV-00190

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 01/16/98
John Johnson vs. State

01C01-9611-CR-00470

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 01/16/98
Willie Henderson vs. State

01C01-9607-CR-00304
Davidson County Court of Criminal Appeals 01/16/98
State vs. Collier Harris

02C01-9612-CR-00447

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 01/15/98
State vs. Darel G. Bolin

03C01-9612-CR-00450

Originating Judge:Leon C. Burns, Jr.
Cumberland County Court of Criminal Appeals 01/15/98
Pam Fenner v. D.B.C. Enterprises, et al

02S01-9703-CV-00023
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 granted summary judgment in favor of the defendants for lack of jurisdiction and dismissed the cause with prejudice at the plaintiff's cost. We affirm the judgment of the trial court on the grounds that Tennessee does not have jurisdiction over this case under the provisions of TENN. CODE ANN. _ 5- 6-115, which governs extraterritorial jurisdiction of the Tennessee Workers' Compensation Law. The plaintiff contacted the defendant D.B.C. Enterprises' headquarters in Grand Rapids, Michigan by telephone in late August 1993 from Camden, Tennessee after she learned of the possibility of employment. She stated in her deposition that at the time she made the initial inquiry, the only contact that she and her husband had with Tennessee was their ongoing attempt to purchase real property. Plaintiff first spoke by telephone to the hiring agent for D.B.C., Pete Carroll, who told her that she would have to travel to Grand Rapids to finalize employment with the company. She was not hired during the course of this initial phone call. By the plaintiff's own admission, her employment was contingent upon passing a physical examination and completing entrance paperwork at the defendant's Grand Rapids headquarters. She was actually hired in Grand Rapids, Michigan on September 1, 1993, after taking a physical examination, completing an interview and finalizing the formal paperwork. The affidavit of Victor Mainwaring, D.B.C. Enterprises Safety Director, states that no contract for hire was ever entered between D.B.C. and the plaintiff in Tennessee and that the plaintiff's employment was not principally localized in Tennessee. His affidavit further states that [D.B.C.] Enterprises does not run, operate, or own a terminal in Tennessee and that driver trip data sheets completed by the plaintiff and her husband indicate that at no time did the plaintiff deliver, pick up, load or unload anything in the State of Tennessee. Plaintiff alleges that on October 22, 1993, she was injured in Gallup, New Mexico while enroute from California carrying cargo for the defendant. Under Tennessee law, a court may assume jurisdiction of a workers' compensation action
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Julian P. Guinn
Benton County Workers Compensation Panel 01/15/98
State vs. Vincent Harris

02C01-9702-CR-00063
Shelby County Court of Criminal Appeals 01/15/98