APPELLATE COURT OPINIONS | Tennessee Administrative Office of the Courts

Please enter some keywords to search.

COURT

COUNTY

AUTHORING JUDGE

ORIGINATING JUDGE

CASE NUMBER

DATE FILTER

SEARCH TITLE

SEARCH CASE SUMMARY

03C01-9606-CR-00248 03C01-9606-CR-00248 Originating Judge:Mary Beth Leibowitz	Knox County	Court of Criminal Appeals	02/12/97
State vs. Sluder 03C01-9509-CC-00272 Originating Judge:E. Eugene Eblen	Morgan County	Court of Criminal Appeals	02/12/97
01C01-9512-CC-00415 01C01-9512-CC-00415 Originating Judge:James L. Weatherford	Maury County	Court of Criminal Appeals	02/12/97
01C01-9509-CC-00299 01C01-9509-CC-00299	Dickson County	Court of Criminal Appeals	02/12/97
03C01-9603-CR-00110 03C01-9603-CR-00110	Knox County	Court of Criminal Appeals	02/12/97
03C01-9512-CR-00413 03C01-9512-CR-00413	Knox County	Court of Criminal Appeals	02/12/97
01C01-9512-CC-00425 01C01-9512-CC-00425 Originating Judge:Cornelia A. Clark	Williamson County	Court of Criminal Appeals	02/12/97
01C01-9602-CR-00062 01C01-9602-CR-00062 Originating Judge:Thomas H. Shriver	Davidson County	Court of Criminal Appeals	02/12/97
03C01-9508-CC-00250 03C01-9508-CC-00250 Originating Judge:Arden L. Hill	Unicoi County	Court of Criminal Appeals	02/11/97
03C01-9601-CC-00023 03C01-9601-CC-00023	Cumberland County	Court of Criminal Appeals	02/11/97
03C01-9404-CR-00157 03C01-9404-CR-00157 Originating Judge:James B. Scott, Jr.	Anderson County	Court of Criminal Appeals	02/11/97
03C01-9511-CC-00343 03C01-9511-CC-00343 Originating Judge:Buddy D. Perry	Rhea County	Court of Criminal Appeals	02/11/97
State of Tennessee v. Thomas D. Smith 01C01-9904-CC-00146 Originating Judge:Robert W. Wedemeyer	Robertson County	Court of Criminal Appeals	02/10/97
Carmella Mccadams v. Henry County Board of Education 02S01-9606-CV-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. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The issue in this appeal is whether the evidence preponderates against the trial court's award of permanent disability benefits for a claimed back injury. This tribunal has concluded the judgment should be reversed for insufficient evidence of permanency. Because we do not reach a second issue, involving the method by which the employee's average weekly wage is determined, that issue is pretermitted. At the time of the trial, the employee or claimant, McCadams, was thirty-six years old, with a twelfth grade education and 8 hours of training in cosmetology. Her work history includes sewing shoes at Brown Shoe, sewing clothes at HIS, baby sitting at home, cleaning houses, working at a florist and working in the cafeteria at Henry County High School. She began working for the employer, Henry County Board of Education, in March of 1993, as a substitute cook. On November 18th of the same year, while standing on a ladder to reach vents she was cleaning, she lost then quickly regained her balance. When she did, she felt pain in her neck and back. She did not fall. She finished working that day and, except for the following day when she worked only three hours and twenty-five minutes, worked regularly until December 6th of the same year. She has voluntarily quit working. On December 3rd and 13th, she sought treatment from Dr. Walter Griffey for pain in her back and neck and a funny feeling in both feet. In January of 1994, she sought treatment from Dr. Carl W. Huff, who diagnosed neck pain without objective findings, back pain without objective findings and symptom magnification syndrome. Dr. Huff prescribed return to work without limitations and with no permanent impairment. She has been also seen by three neurosurgeons, none of whom found evidence of injury, other than preexisting degenerative disc disease. One of them described the claimant as a malingerer. Her husband called the doctor a quack. The claimant was finally referred to a Dr. Mark Crawford, whose specialty and qualifications are not in the record. Dr. Crawford wrote, " (B)ased on the AMA Guidelines to the Evaluation of Permanent Impairment, 4th Edition and based on moderate degenerative disc disease of L4 and L5 with residuals, she would have an impairment of 8% of the whole person. This degenerative disc disease was an asymptomatic pre-existing condition brought into disabling reality by her work related injury." None of the other medical experts assigned any permanent impairment. 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Julian P. Guinn,	Henry County	Workers Compensation Panel	02/10/97
Alma J. Milam v. Mci Telecommunications Corp., et al 02S01-9604-CH-00040 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. D. J. Alissandratos,	Shelby County	Workers Compensation Panel	02/10/97
Jessie James Jones, Jr. v. Cigna Insurance Companies 02S01-9601-CH-00041 This workers' compensation app eal has been referred to the Special W ork ers ' C om pe ns atio n A pp ea ls P an el of the Su pre m e C ou rt in acc ord an ce with Te nn . Co de An n. _ 5 -6- 22 5(e )(3 ) fo r he arin g a nd rep orting of find ings of fa ct an d co nc lusio ns of law . The p lainti ff, Je ss e J am es Jo ne s J r., u nd erw en t co m pe ns ab le lumbar disc h ern iatio n a nd surgery for which he entered into a settlement agre em ent w ith his em ployer for p aym en t of permanent partial disa bility be ne fits of 4 % to the bo dy as a w ho le in September, 19, 1992. On May 18, 1992, Plaintiff was injured in a second industrial accident and suffered a second lumbar disc herniatio n for which he underwent a sec on d lam inec tom y. The plaintiff recovered a judgment for the second injury against Cigna Insurance Company in which he was aw ard ed fur the r w ork ers ' co m pe ns atio n b enefits based on the find ing that he suffered 55% perm ane nt partial disab ility to the bo dy as a whole. On Se pte m be r 2 , 19 95 , C ign a file d a m otio n fo r re du ctio n o f aw ard pursuant to Tenn. Code Ann. _ 56-6-231 seeking a reduction of the pe rm an en t disa bility aw ard for the sec on d inju ry. Th e T rial Co urt denied Cigna's motion for reduction of award and this appeal results. In its on ly issue, Cigna says that evidence preponderates against the Tr ial C ou rt's d en ial o f its m otio n to te rm ina te its ob liga tion for payment of p erm an en t disa bility be ne fits as of N ov em be r 7, 1 99 5. 2 Authoring Judge: F. Lloyd Tatum, Special Judge Originating Judge:Honora Ble Joe C.	Madison County	Workers Compensation Panel	02/10/97
Joe Larry Turnbo vs. Brenda Jane (Thompson) Turnbo 01A01-9307-CH-00314 The defendant/appellee has filed a respectful petition to rehear. It appears that a rehearing is appropriate, and same is hereby granted. Authoring Judge: Presiding Judge Henry F. Todd		Court of Appeals	02/07/97
Jonthan Hyler v. Charles Traughber, Chairman Tennessee Board of Paroles, et al. 01A01-9610-CH-00482 The captioned petitioner has appealed from the judgment of the Trial Court dismissing his petition for certiorari from the action of the Board of Paroles denying hisapplication for parole from the custody of the Department of Correction. Authoring Judge: Presiding Judge Henry F. Todd Originating Judge:Chancellor Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	02/07/97
Tina R. Guffey vs. Wenco of Shelbyville, Inc., d/b/a Wendy's Restaurant - Concurring 01A01-9609-CV-00400 This is a “slip and fall case” in which the jury awarded $173,250, and the defendant appealed. Authoring Judge: Judge Henry F. Todd Originating Judge:Judge Lee Russell	Bedford County	Court of Appeals	02/07/97
Michael Kindall v. Jim H. Rose - Concurring 01A01-9610-CH-00495 The captioned petitioner, an inmate of an institution operated by a private contractor for the Tennessee Department of Correction, has appealed from the summary dismissal of his petition for certiorari for review of disciplinary actions of the defendants. Authoring Judge: Judge Henry F. Todd Originating Judge:Judge Jim T. Hamilton	Wayne County	Court of Appeals	02/07/97
James Fletcher and Ronald Lanier Fletcher v. Kenneth Sterlin Vasser 01A01-9606-CH-00252 The holder of an easement across his neighbor’s property sought to replace two gates with cattle guards. The Chancery Court of Coffee County denied the request. We affirm. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Judge Gerald L. Ewell, Sr.	Coffee County	Court of Appeals	02/05/97
Mavis A. Combs, v. The Metropolitan Government of Nashville and Davidson County, and the Civil Service Commission 01A01-9608-CH-00385 This is an appeal by petitioner/appellant, Mavis A. Combs, from the decision of the Davidson County Chancery Court upholding the decision of respondent/appellee, the Metropolitan Civil Service Commission (“the Commission”), to deny Ms. Combs in-line-of-duty injury leave. The facts out of which this matter arose are as follows. Authoring Judge: Judge Samuel L. Lewis Originating Judge:Chancellor Ellen Hobbs Lyle	Davidson County	Court of Appeals	02/05/97
Aetna Insurance Company and Church of God of Prophecy, v. Little Giant Mfg. Co., Inc. and Edwin L. Wiegand Division of Emerson Electric Company 03A01-9601-CV-00024 This complaint was filed by the Church of God of Prophecy against the Little Giant Mfg. Co. and Kick-Shaw, Inc., alleging that its property was destroyed by fire caused by a defective water heater manufactured by Little Giant and sold to the plaintiff by Kick-Shaw, Inc. Various defenses were interposed by the defendants, none of which is relevant to the issue before us. Thereafter, the complaint was repeatedly amended; new parties came and went; and, in its present posture, the plaintiffs are Aetna Insurance Company and Church of God of Prophecy and the defendants are Little Giant Mfg. Co., Inc. and Emerson Electric Company. Originating Judge:Senior Judge William H. Inman		Court of Appeals	02/05/97
City Bank & Trust Company and B. Timothy Pirtle, v. Dave Allen Webb and Debbie Lynn Webb 01A01-9605-CH-00198 This is an appeal by defendants Dave Allen Webb and wife Debbie Lynn Webb, from the trial court's judgment setting aside a foreclosure sale and, in effect, putting the parties in the same position they were in before the foreclosure. Authoring Judge: Judge Samuel L. Lewis Originating Judge:Chancellor John W. Rollins	Warren County	Court of Appeals	02/05/97
Richard E. Perry, and wife, Tamelia Perry, v. Terry Flatford and wife, Teresa Flatford, Brenda Dye, Gordon White, Remax Preferred Properties, Inc., David Snelson, Beverly V. McMahan, Crossroads Realty, et al. 03A01-9609-CH-00305 This is an action for damages allegedly sustained by the plaintiffs as a result of misrepresentations made to them in their purchase of a residence. Authoring Judge: Senior Judge William H. Inman	Union County	Court of Appeals	02/05/97