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| 03A01-9607-CV-00232
03A01-9607-CV-00232
|
Monroe County | Court of Appeals | 12/23/96 | |
| 03S01-9507-CH-00077
03S01-9507-CH-00077
|
Union County | Supreme Court | 12/23/96 | |
| 01C01-9506-CC-00203
01C01-9506-CC-00203
Originating Judge:J. O. Bond |
Jackson County | Court of Criminal Appeals | 12/23/96 | |
| 03A01-9607-CV-00237
03A01-9607-CV-00237
|
Hamilton County | Court of Appeals | 12/23/96 | |
| Perry Hart and Reba Hart v. Tommy Casey, Jo Alice Casey, et al. - Concurring
02A01-9602-CH-0036
This appeal involves a “land sale - purchase agreement” between Perry Hart and wife, Reba Hart (Buyers) and Tommy Casey (Seller).1 Buyers appeal from the judgment of the trial court finding that the “land sale - purchase agreement” between the parties had been terminated and ordering that Seller was the owner of the property.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor Joe C. Morris |
Chester County | Court of Appeals | 12/23/96 | |
| 03C01-9602-CR-00063
03C01-9602-CR-00063
Originating Judge:William M. Dender |
Court of Criminal Appeals | 12/23/96 | ||
| 01S01-9511-CH-00211
01S01-9511-CH-00211
|
Supreme Court | 12/23/96 | ||
| 02S01-9604-CV-00044
02S01-9604-CV-00044
|
Shelby County | Supreme Court | 12/23/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Blount County | Court of Appeals | 12/23/96 | |
| 03A01-9609-CV-00290
03A01-9609-CV-00290
|
Knox County | Court of Appeals | 12/23/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 12/23/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 12/23/96 | ||
| City of Adamsville v. Brian K. Cass
02A01-9606-CV-00141
Appellant Brian K. Cass (“Cass”) appeals his conviction for violation of several city ordinances. We affirm. Originating Judge:Judge Joe H. Walker |
McNairy County | Court of Appeals | 12/20/96 | |
| 01A01-9605-CV-00239
01A01-9605-CV-00239
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 12/20/96 | |
| 01A01-9605-CH-00205
01A01-9605-CH-00205
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 12/20/96 | |
| 01A01-9601-CV-00006
01A01-9601-CV-00006
Originating Judge:Samuel L. Lewis |
Court of Appeals | 12/20/96 | ||
| 01A01-9607-CH-00332
01A01-9607-CH-00332
|
Court of Appeals | 12/20/96 | ||
| 01A01-9607-CH-00332
01A01-9607-CH-00332
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/20/96 | |
| 01A01-9605-CH-00209
01A01-9605-CH-00209
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 12/20/96 | |
| 01A01-9607-CH-00332
01A01-9607-CH-00332
|
Court of Appeals | 12/20/96 | ||
| John D. Baggett v. Firemen's Fund Insurance Company
01S01-9603-CH-00055
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 complaint alleges "[t]hat on or about the 22nd day of June, 1993, the Plaintiff, while operating a printing press, had his left thumb amputated when it became caught in the press." In point of fact, he suffered an "avulsive injury of the distal aspect of his thumb, just distal to the IP joint with nerve and vascular damage within the thumb proximal to the point of severance." The thumb fragment could not be re-attached and the amputation was surgically completed at the level of the interphalangeal joint, resulting in the loss of one-half of the thumb. The defendant admitted the material allegations of the complaint and essentially conceded that the plaintiff was entitled to recover benefits for the loss of a thumb. Notwithstanding that the complaint did not allege disability to the hand, the issue at trial was whether the injury so affected the hand as to justify an award for benefits thereto rather than for the loss of a scheduled member. The Chancellor limited benefits to the loss of the thumb; the employee appeals insisting that he is entitled to benefits for resultant partial permanent disability to his hand. The treating surgeon was Dr. Bruce Shack, a reconstructive specialist from the Vanderbilt Medical Center. He testified: Q. Now, Doctor, have you formed an opinion based upon a reasonable degree of medical certainty whether or not this injury Mr. Baggett suffered will result in any permanent impairment? A. Yes, sir, I have. Q. Will you tell the Court what that opinion is, sir. A. Well, this is a relatively straight forward type of case where the amputation through the interphalangeal joint of the thumb allows us to utilize the Guides that are set forth in the American Medical Association's Guides to the Evaluation of Permanent Impairment and basing Mr. Baggett's impairment on the loss of the thumb through the interphalangeal joint, I had rated him as 2 percent impairment of the hand. And, of course, that using the conversion tables equals an 18 percent impairment of the upper extremity and 11 percent impairment of the whole person. Q. Now, the injury to the thumb and hand as you've indicated, is that in anyway affected by the upper extremity? 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 12/19/96 | |
| James R. Rose and wife, Stella Kay Rose, v. Dennis R. Rice, Janice Rice and John Doe
02A01-9509-CV-00198
This is a negligence case involving the head-on collision of two vehicles. Appellants James
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Charles O. Mcpherson |
Henderson County | Court of Appeals | 12/19/96 | |
| William Valdez, & Miguel Pineda v. Lang Environmental
01S01-9605-CH-00085
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 12/19/96 | |
| Wesley Eddins, Sr. v. North American Rayon Corporation
03S01-9602-CH-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 employer, North American Rayon Corporation, has appealed from the trial court's award of permanent disability benefits to plaintiff, Wesley Eddins, Sr. The Chancellor fixed the award at 45% to the body as a whole. Two issues are presented on appeal. First, the employer contends the trial court was in error in allowing temporary total disability benefits. Second, it is argued plaintiff did not incur any permanent disability as a result of the alleged work-related injury. Plaintiff is 29 years of age and is a high school graduate. He has been going to college for about two years attempting to rehabilitate himself for other types of employment. His college work would classify him as a sophomore. On about October 11, 1991, he was injured while at his work station when the floor gave away causing him to fall some distance below. He said the fall injured his back and he had immediate pain up and down his spinal cord and pain in his neck and legs. He continued to work for about two weeks until his condition became worse; at one point, he testified, he could not move his legs; the company doctor took him off work duties on about November 8, 1991, and he had not returned to work as of the date of the trial on September 25, 1995; his chief complaint has been massive muscle spasms; he told the court his condition did not improve much until August-September 1994. The record indicates he has seen many doctors, some have testified extensively in this proceeding and others appear in the record by medical reports, letters, etc., identified as collective exhibit #1. The review of the case is de novo accompanied by a presumption of the correctness of the findings of fact unless we find the preponderance is otherwise. T.C.A. _ 5-6-225(e)(2). 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. J. Richard Johnson, |
Washington County | Workers Compensation Panel | 12/19/96 | |
| Richard Caldwell v. Activated Metals & Chemicals, Inc., et al.
03S01-9602-CV-00015
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 awarded plaintiff 35% permanent partial disability to the body as a whole. Defendant challenges the trial court's finding that plaintiff's impairment arose out of a work-related injury and the trial court's consideration of the testimony of the plaintiff's expert witness. Plaintiff, 43, finished the eleventh grade. He has a varied work experience, having worked in restaurants, construction, as a stockboy, a janitor/security guard and as a salesperson of draperies and linens. He testified that he suffered an injury in the nature of an occupational disease from inhaling aluminum oxide dust and the dust of a nickel aluminum alloy at his workplace, resulting in his having to stop working and seeking medical care on July 28, 1993. He began working for defendant in January 1993. Plaintiff was referred to Barry Frame, M.D., a specialist in thoracic and cardiovascular surgery, who testified in this case by deposition. He diagnosed pneumonia with complicating empyema (or lung abscess). Apparently, plaintiff suffered a pneumothorax, or puncturing of the lung. Dr. Frame opined that this pneumothorax was the result of infection, a pneumonia resulting from the aspiration of some anaerobic organism. No organism was cultured. When asked if plaintiff told him that his condition started as a result of exposure to a metal compound at work, Dr. Frame testified that he was aware that there was some consideration of an occupational factor, but that plaintiff should be referred to a pulmonologist to evaluate that; he had been concerned with dealing with the pneumonia and its complications. Chaim Cohen, M.D., a specialist in occupational medicine, examined the plaintiff at the request of his attorney. He examined plaintiff, reviewed material safety data sheets for compounds to which plaintiff had been exposed, reviewed 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Ben W. Hooper, Ii, |
Knox County | Workers Compensation Panel | 12/19/96 |