APPELLATE COURT OPINIONS

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Joseph Veres vs. State

01C01-9602-CC-00070
Putnam County Court of Criminal Appeals 04/24/97
Carolyn Marie Drake v. David Carl Drake

03A01-9610-CV-00312
Petitioner and Respondent are sister and brother, and the Trial Court issued an order of protection in response2 to the petition filed, following an abbreviated trial. On appeal, respondent insists the Trial Court did not have jurisdiction pursuant to Tennessee Code Annotated _36-3-61, et seq., or that the Court refused to permit respondent to present his evidence.
Authoring Judge: HERSCHEL P. FRANKS, J.
Originating Judge:HON. ROBERT M. SUMMITT
Hamilton County Workers Compensation Panel 04/24/97
01C01-9612-CC-00521

01C01-9612-CC-00521
Grundy County Court of Criminal Appeals 04/24/97
State of Tennessee v. Nathan Allen Callahan

03C01-9507-CC-00203
This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendant, Nathan Allen Callahan, was convicted by a Sullivan County jury of one count of first-degree murder and one count of second-degree murder, respectively, for the shooting deaths of his mother and younger sister. The jury set punishment for the first-degree murder conviction at life imprisonment and fined the Defendant $47,. for the count of second- degree murder. The trial court ordered twenty-two years imprisonment on the conviction for second-degree murder to be served concurrently with the life sentence.
Authoring Judge: David H. Welles, Judge
Originating Judge:Hon. R. Jerry Beck
Sullivan County Workers Compensation Panel 04/24/97
State vs. Bobby Nash

01C01-9409-CR-00330

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 04/24/97
State vs. Jeffery Rigney and Herman Hale

01C01-9605-CC-00212

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 04/24/97
State vs. Skidmore

03C01-9502-CR-00039

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 04/24/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 04/24/97
Jackie Childs vs. State

01C01-9604-CR-00164
Davidson County Court of Criminal Appeals 04/24/97
Steve Bryant vs. State

01C01-9605-CR-00190
Davidson County Court of Criminal Appeals 04/24/97
Kenny Covington vs. State

01C01-9604-CR-00149
Davidson County Court of Criminal Appeals 04/24/97
State vs. William Posey

01C01-9605-CR-00214

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 04/24/97
Roosevelt Smith vs. State

01C01-9604-CR-00135
Davidson County Court of Criminal Appeals 04/24/97
Janet Wolf & Gerald Bowker vs. Ned Ray McWherter

01A01-9505-CV-00209

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 04/23/97
Blue Cross Blue Shield vs. City of Lawrenceburg

01A01-9611-CV-00526

Originating Judge:William B. Cain
Lawrence County Court of Appeals 04/23/97
United Brake Systems vs. American Environmental Protection

01A01-9610-CH-00448

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 04/23/97
Darden vs. Stokes

01A01-9610-CH-00458

Originating Judge:William C. Koch
Court of Appeals 04/23/97
Michael Rasmussen, et. ux. vs. Mrot, Inc., et. al.

01A01-9611-CV-00517

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 04/23/97
Blanken v. Philips

03S01-9607-CV-00081
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. Plaintiff injured her left arm at work on February 28, 1992. W hen surgery did not improve the condition or decrease her pain she became markedly depressed. The trial court found that plaintiff's depression was related to her arm injury and awarded her 1 percent permanent total disability based on the two conditions. We affirm the judgment of the trial court. Plaintiff injured her left arm gradually at work in February, March and April of 1992. She was left hand dominant and her work required that she use a staple gun repetitively. Dr. Joseph C. DeFiore, Jr., orthopedic surgeon, treated her left elbow and shoulder from April 13, 1992 through January 24, 1994. When Dr. DeFiore first saw plaintiff, he found tenderness over the left lateral epicondyle area and in her left shoulder, with no specific abnormalities on x- ray. He diagnosed tendinitis of the left shoulder and lateral epicondylitis, or tennis elbow. Plaintiff also reported being extremely depressed, primarily because of the elbow problem. A work-related low back injury contributed to her depression, but we do not consider that injury, which was non-suited at trial. Dr. DeFiore advised plaintiff to avoid use of a staple gun at work, which he thought was causing some of her irritation, gave her a TENS unit for pain control and prescribed exercises. Plaintiff returned to work with the limitation that she do only nonrepetitive, non-overuse work with the left upper extremity. The work she was assigned, though much less harmful according to Dr. DeFiore, still required her to constantly reach with her left hand and arm in order to spray television cabinets with an air pressure gun. Plaintiff continued to have pain in the elbow and therefore had cortisone injections on three occasions, with no improvement. Bone scan found arthritis in the shoulder joint. Plaintiff was deposed by defendant on October 19, 1992, and it was apparently here that both parties' counsel learned from plaintiff about antidepressant medications given to her by her family physician on a continuing basis since her first 2
Authoring Judge: Senior Judge John K. Byers
Knox County Workers Compensation Panel 04/23/97
State vs. Darnell Gentry

02C01-9604-CC-00115

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 04/23/97
John Kohl & Co., et. al. vs. Dearborn & Ewing

01A01-9609-CV-00421

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 04/23/97
Draper vs. Reaver, et. al.

01A01-9609-CV-00394
Court of Appeals 04/23/97
Darden vs. Stokes

01A01-9610-CH-00458

Originating Judge:Robert S. Brandt
Court of Appeals 04/23/97
Johnson v. Goodwill

03S01-9610-CV-00101
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 appeal has resulted from the action of the trial court in dismissing the employee's claim for benefits. The Circuit Judge found plaintiff had failed to establish her injury was caused by an accident which arose out of and in the course of her employment. The sole issue on appeal is whether the evidence preponderates against the conclusion of the trial court. Plaintiff, Joy G. Johnson, testified on October 2, 1993, she stepped into a drainage hole while performing her work-related duties. She reported the incident to several management representatives and signed an accident report which indicated she did not receive any treatment for an injury. She did not miss any work and did not see a doctor until July 1994. Her family doctor then referred her to Dr. Gregory M. Mathien, an orthopedic surgeon. She saw Dr. Mathien on September 15, 1994, which was almost a year after the incident at work. In giving a history, she said she fell about a year earlier and had a second fall about eight months earlier. She never indicated either fall occurred at work. Dr. Mathien's testimony was by deposition and his diagnosis was a torn meniscus with secondary tendinitis. He said the articular cartilage lesion was not work-related but was due to the degenerative process. As to the torn meniscus, he testified causation was hard to say; she only told him she had pain about two and one-half months prior to seeing him, and he could not determine which fall caused the problem or if either event was the cause. Dr. Mathien performed surgery and continued to see her saying the result was not as good as expected. He did not assess any medical impairment as he had no reason to do so. The record indicates plaintiff incurred substantial medical expenses and all bills were submitted to her husband's medical insurance carrier. No medical expenses were ever submitted to defendant employer. She also admitted she never 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. James B. Scott, Jr.
Johnson County Workers Compensation Panel 04/23/97
National Loans, Inc. vs. TN. Dept. of Financial Institutions

01A01-9506-CH-00241

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 04/23/97