APPELLATE COURT OPINIONS

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01A01-9603-CV-00119

01A01-9603-CV-00119

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 08/16/96
01C01-9507-CR-00231

01C01-9507-CR-00231

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 08/16/96
02C01-9502-CC-00046

02C01-9502-CC-00046

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 08/16/96
01C01-9510-CC-00322

01C01-9510-CC-00322
Hickman County Court of Criminal Appeals 08/16/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/16/96
01A01-9603-CH-00116

01A01-9603-CH-00116

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 08/16/96
02A01-9501-CH-00006

02A01-9501-CH-00006

Originating Judge:Hansel J. Mcadams
Henry County Court of Appeals 08/15/96
02A01-9506-CH-00127

02A01-9506-CH-00127
Shelby County Court of Appeals 08/15/96
01A01-9603-CH-00135

01A01-9603-CH-00135

Originating Judge:Irvin H. Kilcrease, Jr.
Court of Appeals 08/14/96
01A01-9510-CH-00444

01A01-9510-CH-00444

Originating Judge:Cornelia A. Clark
Williamson County Court of Appeals 08/14/96
01A01-9601-CH-00028

01A01-9601-CH-00028

Originating Judge:Horace Pierotti
Davidson County Court of Appeals 08/14/96
01A01-9604-CH-00189

01A01-9604-CH-00189

Originating Judge:Robert S. Brandt
Court of Appeals 08/14/96
01A01-9603-CH-00133

01A01-9603-CH-00133

Originating Judge:Irvin H. Kilcrease, Jr.
Court of Appeals 08/14/96
02A01-9505-CH-00104

02A01-9505-CH-00104

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 08/14/96
02A01-9506-CV-00141

02A01-9506-CV-00141

Originating Judge:George H. Brown
Shelby County Court of Appeals 08/14/96
Anthony Ray Morris v. Keebler Company, Inc., et al

02S01-9511-CV-00119
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 held that plaintiff failed to provide timely notice as required by TENN. CODE ANN. _ 5-6-21 and that he failed to meet his burden of proving that his injury arose in the course and scope of his employment. The plaintiff appeals these findings. We affirm the judgment of the trial court. Plaintiff, 28 at the time of trial, worked for defendant as a route salesman. He testified that in early October 1992, he felt "a sudden pain--not pain, but tingling." He testified that he first felt this when his leg hit the ground getting out of the delivery truck he drove for defendant. After the initial onset of symptoms, plaintiff began to feel that his leg was losing strength. At one point early in the same month, his supervisor noticed him limping and asked him about it. Plaintiff reported feeling numbness and tingling in his leg and that he thought he was losing strength in his leg. The supervisor felt his leg and testified that it felt like "mush." Plaintiff did not report any injury or onset of symptoms at work at this time. Plaintiff testified that his left leg gave out on him in early November while he was shooting baskets. On November 1, 1992, he saw his wife's family practitioner, Dr. Walter Verner. He told Dr. Verner that he had pain in his left thigh and that he had been losing muscle strength in his left leg for about a month. Dr. Verner testified that his notes do not indicate a work-related injury, although that is something that he would normally record. Dr. Verner noted a marked reduction in the plaintiff's deep tendon reflex in his left knee and referred him to Dr. Barry Thompson, a neurologist. Dr. Thompson found left quadriceps weakness and ordered a variety of tests, including an EMG which indicated a possible L4-5 radiculopathy and an MRI which indicated a possible L3 herniated disc on the left. He referred plaintiff to Dr. Joseph Buchignani, a neurosurgeon. 2
Authoring Judge: Per Curiam
Originating Judge:Anthony Ray Morris,
Shelby County Workers Compensation Panel 08/12/96
Jeffrey Wolfe v. Liberty Mutual Insurance Company

02S01-9602-CV-00016
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. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. James M. Tharpe
Shelby County Workers Compensation Panel 08/12/96
Anthony Ray Morris v. Keebler Company, Inc., et al

02S01-9511-CV-00119
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 held that plaintiff failed to provide timely notice as required by TENN. CODE ANN. _ 5-6-21 and that he failed to meet his burden of proving that his injury arose in the course and scope of his employment. The plaintiff appeals these findings. We affirm the judgment of the trial court. Plaintiff, 28 at the time of trial, worked for defendant as a route salesman. He testified that in early October 1992, he felt "a sudden pain--not pain, but tingling." He testified that he first felt this when his leg hit the ground getting out of the delivery truck he drove for defendant. After the initial onset of symptoms, plaintiff began to feel that his leg was losing strength. At one point early in the same month, his supervisor noticed him limping and asked him about it. Plaintiff reported feeling numbness and tingling in his leg and that he thought he was losing strength in his leg. The supervisor felt his leg and testified that it felt like "mush." Plaintiff did not report any injury or onset of symptoms at work at this time. Plaintiff testified that his left leg gave out on him in early November while he was shooting baskets. On November 1, 1992, he saw his wife's family practitioner, Dr. Walter Verner. He told Dr. Verner that he had pain in his left thigh and that he had been losing muscle strength in his left leg for about a month. Dr. Verner testified that his notes do not indicate a work-related injury, although that is something that he would normally record. Dr. Verner noted a marked reduction in the plaintiff's deep tendon reflex in his left knee and referred him to Dr. Barry Thompson, a neurologist. Dr. Thompson found left quadriceps weakness and ordered a variety of tests, including an EMG which indicated a possible L4-5 radiculopathy and an MRI which indicated a possible L3 herniated disc on the left. He referred plaintiff to Dr. Joseph Buchignani, a neurosurgeon. 2
Authoring Judge: Per Curiam
Originating Judge:Anthony Ray Morris,
Shelby County Workers Compensation Panel 08/12/96
Jeffrey Wolfe v. Liberty Mutual Insurance Company

02S01-9602-CV-00016
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. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. James M. Tharpe,
Shelby County Workers Compensation Panel 08/12/96
03C01-9510-CR-00309

03C01-9510-CR-00309

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 08/12/96
State of Tennessee vs. Phillip Craig Mangrum

01C01-9508-CR-00259

The appellant, Phillip Mangrum, pled guilty in the Criminal Court of Sumner County to aggravated burglary, a class C felony. Tenn. Code Ann. § 39-14-403 (1991). The trial court sentenced the appellant as a multiple offender within range II to eight years incarceration in the Department of Correction. The appellant appeals from this sentence, contending, in essence, that (1) the appellant’s status as a multiple offender is not supported by the record; (2) the State’s notice of enhanced sentencing was inadequate under the Sentencing Act and Tenn. R. Crim. P. 12.3; and (2) his sentence is excessive.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 08/09/96
Ali Agha Batebi, v. Patrick Wayne Clark and The Krystal Company

02A01-9410-CV-00228

In this case, the defendant, The Krystal Company (Krystal), appeals a jury verdict holding it liable for personal injuries received by the plaintiff, Ali Agha Batebi (Batebi), from a criminal assault by a third party while on Krystal's property. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge James M. Tharpe
Shelby County Court of Appeals 08/09/96
State of Tennessee vs. Priscilla Ann Blakemore

01C01-9509-CR-00291

This appeal represents three consolidated cases. The defendant pled guilty to three counts of forgery, one count of theft over one thousand dollars ($1000), two counts of passing a forged check, and one count of passing a worthless check. For each count of forgery and passing a forged check, the trial court sentenced the defendant to three years in the Department of Correction as a Range II multiple offender. For the theft offense, the trial court sentenced her to three years in the Department of Correction as a Range I standard offender. For passing a worthless check, the trial court sentenced her to eleven months and twenty-nine days at seventy-five percent (75%) to be served in the Sumner County jail. All sentences were ordered to run concurrently.

Authoring Judge: Judge John H. Peay
Originating Judge:Judge Jane Wheatcraft
Sumner County Court of Criminal Appeals 08/09/96
Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.

02A01-9505-CV-00118

The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Robert L. Childers
Shelby County Court of Appeals 08/08/96
State of Tennessee, ex rel., Robert F. Smith, Commissioner, Department of Highways, for and on behalf of said department, v. C.W. Simpson, A/K/A Charlier Simpson, Jr.

02A01-9507-CH-00161

The Court below held defendant in civil contempt for violating a permanent 2 injunction that prohibited him from obstructing the right-of-way on a state highway. Defendant has appealed and takes issue with the trial court’s denial of his motion to dismiss and with the sufficiency of the judgment. We have determined that the record supports the trial court’s finding of civil contempt and, therefore, we affirm.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 08/08/96