| Candace Fleck vs. Cooper Realty
W2001-00465-COA-R3-CV
Plaintiff allegedly sustained injuries at Mid Memphis Tower Building when she exited an elevator which failed to level. She and her husband sued the building's management company and the company that owns the manufacturer of the elevator. The suit against the elevator company alleges that the company was negligent "by failing to insure that the elevator in question was properly inspected, maintained, and repaired." The elevator company's interrogatories, inter alia, requested the identity of any expert witness the plaintiffs planned to use at trial. Plaintiffs answered this interrogatory in December, 1998: "Plaintiffs have not identified such individuals at this time." The interrogatories were never supplemented, and the case was set for trial on December 1, 1999. In October, 1999, the elevator company filed a motion for summary judgment on the ground that the lack of an expert witness prevented plaintiffs from proving essential elements of the case. Plaintiffs were granted additional time within which to obtain an expert witness and subsequently announced that plaintiffs did not intend to have an expert witness. The trial court granted summary judgment to the elevator company. Subsequently, the building's management company settled its case and upon dismissal of that suit, the grant of summary judgment became final. Plaintiff-wife appealed. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 12/28/01 | |
| Larry N. Wilson v. State of Tennessee
M2001-00022-CCA-R3-PC
The post-conviction petitioner, Larry N. Wilson, seeks to set aside his four Davidson County Criminal Court convictions of aggravated robbery and his effective 24-year sentence. The convictions were based on guilty pleas. In his post-conviction proceeding, he posited that the pleas were involuntarily or unknowingly made and that they were the result of the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. Concluding that the record supports that determination, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 12/28/01 | |
| Debbie Risner vs. Nathan Harris
W2001-01041-COA-R3-CV
This is an action to recover personal property. The plaintiff and defendant lived together for seventeen years. In November 1999, the plaintiff moved out. She left personal property in the trailer in which the couple was living, in the nearby convenience store owned by the defendant, and in a storage unit in another town. In August 2000, the convenience store caught on fire, and the plaintiff's personal property in the store was destroyed. Soon thereafter, the defendant took possession of the plaintiff's other personal property that had been held in the storage unit and called her to come get it. In November 2000, the plaintiff filed a warrant in general sessions court to recover her personal property from the defendant. She claimed that the defendant had prevented her from retrieving any of her personal property. She received a judgment which was appealed to circuit court. The circuit court entered a judgment in favor of the plaintiff, awarded damages, and ordered the defendant to return certain items to the plaintiff. The defendant now appeals. We reverse the trial court's decision with respect to two of the items ordered returned and the property that the plaintiff had kept in the storage unit in another town, and affirm the remainder of the order.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 12/28/01 | |
| Steffone McClendon, father of Damien O'Shay Maurice McClendon, the next of kind of Cyhthia Vanessa Francis, Deceased, v. Dr. Elaine Bunick
E2001-02816-COA-RM-CV
This case involves a medical malpractice claim that was dismissed on summary judgment by the trial court. The plaintiff, Steffone McClendon, appealed to this Court, seeking a reversal of the trial court’s summary judgment. We affirmed the trial court’s decision based on the legislative history and our interpretation of Section 20-1-119 of the Tennessee code. The plaintiff sought a review of this Court’s decision with the Tennessee Supreme Court. Although the supreme court refused to hear the case, it remanded the case to this Court for reconsideration in light of Townes v. Sunbeam Oster Co., Inc., 50 S.W. 3d 446 (Tenn. Ct. App. 2001) released this year by the middle
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Judge Dale C. Workman |
Knox County | Court of Appeals | 12/28/01 | |
| Ishaaq (aka Alonzo Stewart) v. Dept. of Correction, et al.
M2000-01957-COA-R3-CV
Ishaaq, a prisoner in the Department of Corrections serving a combined 130 year sentence for Class X felonies committed prior to July 1, 1982, seeks to rescind a waiver by which he chose, in 1987, to gain the sentence reduction credit benefits applicable to him under Tennessee Code Annotated section 41-21-236. He seeks to rescind the waiver under the belief that he would thereby become eligible for mandatory parole. The trial judge dismissed his complaint, and we affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/28/01 | |
| State Children Serv. vs. Donald Grant
W2001-01934-COA-R3-JV
This case involves the termination of parental rights. The child was voluntarily placed in the custody of the Department of Children's Services in April 1996 due to the parents' substance abuse. A petition was filed to terminate the parental rights of both parents. The mother's parental rights were terminated by default, but the petition was dismissed as to the father. The trial court then ordered visitation and child support. The father stopped making visits after two months and failed to pay any child support. A second petition to terminate the father's parental rights was filed on the grounds, inter alia, of abandonment and that the conditions which led to the child's removal persisted and were unlikely to be remedied. The trial court granted the petition to terminate parental rights and the father appeals. We affirm, finding clear and convincing evidence to support the termination of the father's parental rights.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 12/28/01 | |
| State of Tennessee v. Ronald Dotson
W2000-03115-CCA-R3-CD
A Shelby County jury convicted the Defendant of aggravated robbery, and the trial court sentenced him as a repeat violent offender to life imprisonment. In this appeal as of right, the Defendant argues (1) that insufficient evidence of his identity as the perpetrator was presented at trial and (2) that there was a material variance between the indictment and the proof at trial. Having reviewed the record, we conclude (1) that sufficient evidence was presented to support the Defendant's conviction and (2) that a variance between the indictment and the proof at trial existed, but that the variance did not affect the substantial rights of the Defendant and thus was not fatal. We therefore affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 12/28/01 | |
| Angela Phillips vs. William Phillips
W2001-01685-COA-R3-CV
This appeal arises from a divorce proceeding wherein the parties had two minor children. While the divorce was pending, the trial court issued a temporary order outlining the custodial rights of the parties with respect to their children. The final decree of divorce adopted a permanent parenting plan and distributed the marital property and debts. The husband filed this appeal contesting the permanent parenting plan and the manner in which the marital debts were apportioned. For the following reasons, we affirm the decision of the trial court
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 12/28/01 | |
| Lois Miller v. James Miller
M2001-00501-COA-R3-CV
In this appeal from the Chancery Court for Davidson County Dr. Richard Wilson, the Plaintiff/Appellant, contends that the Chancellor erred in affirming an Administrative Judge's decision that Dr. Wilson engaged in conduct warranting his dismissal as a tenured faculty member at the University of Tennessee at Chattanooga, the Defendant/Appellee, for violation of the University's policy against sexual harassment. We reverse the judgment of the Chancery Court and remand for further proceedings consistent with this opinion. We adjudge costs against the University of Tennessee at Chattanooga.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/28/01 | |
| David Pitts v. Floyd Blackwell
M2000-01733-COA-R3-CV
This appeal involves the decision of a probate court to approve the amended first and final accounting of a conservatorship and award attorney's fees for the conservator's defense of the accounting. The conservator, owner of a funeral home, conducted a $26,367.75 funeral for the conservatee. An interested party objected to approval of the funeral expenses and a hearing was held. The probate court ordered the conservator to return the proceeds from a prepaid burial life insurance policy to the estate, but confirmed the accounting in all other respects. For the following reasons, we affirm in part, reverse in part, vacate in part and remand for further proceedings.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Floyd Don Davis |
Franklin County | Court of Appeals | 12/28/01 | |
| Harrison Driver v. Bridgestone/Firestone, Inc.
M2000-02944-WC-R3-CV
The employer argues that the employee's pre-existing condition was not advanced, progressed, or anatomically changed during his employment at Bridgestone. In the face of conflicting medical testimony, the trial court found in favor of the employee, awarding $13,766 for a 7% permanent disability to his body as a whole. Relying on the employee's own medical testimony as well as an opinion of one of the testifying physicians, concluding that the employee's injury more probably than not was a result of his employment, the Panel affirms the trial court's finding that the employee suffered a compensable injury while at work.
Authoring Judge: Gayden, Sp. J.
Originating Judge:Hon. Don R. Ash, Judge |
Rutherford County | Workers Compensation Panel | 12/27/01 | |
| E2001-01363-COA-R3-JV
E2001-01363-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Tom Wright |
Greene County | Court of Appeals | 12/21/01 | |
| Town of Greeneville vs. Jack Cobble, et ux
E2001-00869-COA-R9-CV
Trial Court refused to grant partial summary judgment as to the extent of land taken. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Kindall T. Lawson |
Greene County | Court of Appeals | 12/21/01 | |
| State of Tennessee v. Eugene Floyd Lockhart, a/ka/ Floyd E. Lockhart
M2000-02171-CCA-R3-CD
The defendant appeals the denial of probation for the five-year sentence he received for sexual battery by an authority figure, a Class C felony. He asserts that the record fails to support a conclusion that the statutory presumption of his eligibility for alternative sentencing has been rebutted. We modify the term of confinement and order supervised probation forthwith and remand the case to the trial court for imposition of appropriate conditions.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 12/21/01 | |
| Monroe Davis vs. State
E2001-02032-COA-R3-CV
The plaintiff, Monroe E. Davis is a prisoner in state custody. He filed a complaint with the Tennessee Claims Commission ("the Claims Commission") against the State of Tennessee and the warden of the facility at which he is incarcerated, seeking damages for the alleged detention and/or conversion of his personal property by the warden. The Claims Commission granted the defendants' motion to dismiss. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
|
Court of Appeals | 12/21/01 | ||
| Nathaniel Hampton v. Connecticut Indemnity Company
W2000-02057-WC-R3-CV
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. In this appeal, the employee insists the evidence preponderates against the trial court's finding that he did not suffer a permanent injury. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (2) Appeal as of Right; Judgment of the Circuit Court Affirmed. JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and ROBERT L. CHILDERS, SP. J., joined. Steve Taylor, Memphis, Tennessee, for the appellant, Nathaniel Hampton Jeffery G. Foster, Jackson, Tennessee, for the appellee, Connecticut Indemnity Company MEMORANDUM OPINION On or about June 7, 1999, the employee or claimant, Hampton, strained his knee at work. He reported the accident to his employer, who provided medical care, including diagnostic testing and physical therapy. A Magnetic Resonance Imaging scan revealed no abnormality. Dr. James Varner viewed the test report and examined the claimant, but found no evidence of a permanent injury. Dr. Joseph Boals examined the claimant and found minimal tenderness over the injured knee and guessed the claimant's permanent impairment at 5 percent, based on subjective complaints. Accepting the medical testimony of Dr. Varner, the trial court found that the evidence failed to establish the probability of a permanent injury. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225 (e)(2). This tribunal is not bound by the trial court's findings but instead conducts an independent examination of the record to determine where the preponderance lies. Galloway v. Memphis Drum Serv., 822 S.W.2d 584, 586 (Tenn. 1991). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review, because it is the trial court which had the opportunity to observe the witnesses' demeanor and to hear the in-court testimony. Long v. Tri-Con Ind., Ltd., 996 S.W.2d 173, 178 (Tenn. 1999). The appellate tribunal, however, is as well situated to gauge the weight, worth and significance of deposition testimony as the trial judge. Walker v. Saturn Corp., 986 S.W.2d 24, 27 (Tenn. 1998). The extent of an injured worker's vocational disability is a question of fact. Story v. Legion Ins. Co., 3 S.W.3d 45, 456 (Tenn. 1999). The claimant seeks an "in-depth review" of the evidence to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:John R. Mccarroll, Jr., Judge |
Shelby County | Workers Compensation Panel | 12/21/01 | |
| State of Tennessee v. John A. Boatfield
E2000-01500-CCA-R3-CD
The defendant appeals his premeditated first degree murder and abuse of a corpse convictions for which he received concurrent sentences of life imprisonment and two years, respectively, arguing:
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 12/20/01 | |
| Johnson vs. CCA
W2001-00595-COA-R3-CV
This is an appeal from an order of the trial court granting a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. We reverse in part and affirm in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 12/20/01 | |
| State of Tennessee v. John A. Boatfield
E2000-01500-CCA-R3-CD
I concur in all respects save one. I seriously question the conclusion that all of the victim’s statements to her mother were admissible as excited utterances. A declarant’s opinion about who caused an event would ordinarily not be admissible even if the declarant appeared and testified at a trial. Here, I do not believe that the victim’s opinion about who started the fire was admissible. However, given the location and timing of the fire, the inferences drawn by the victim as to the potential cause of it would be obvious to the jury in any event. Thus, I do not believe that the error affected the verdict.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 12/20/01 | |
| Franklin Scott Keith v. State of Tennessee
E2001-00220-CCA-R3-PC
The petitioner appeals the denial of his petition for post-conviction relief. The petitioner pled guilty to ten counts of rape of a child. On appeal, the petitioner raises the issues of whether the post-conviction court erred in finding that he received the effective assistance of counsel and whether his guilty plea was entered voluntarily and knowingly. After a thorough review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 12/20/01 | |
| Diana Noles v. Ameristeel Corporation
W2001-00406-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for a detailed analysis of the evidence in the trial record. The trial court in this cause found that Plaintiff sustained a thirty-five percent (35%) permanent partial disability to the right and left arm. Defendant, Ameristeel Corporation, appeals and asserts that the trial court's award of thirty-five percent (35%) permanent partial disability to each arm is excessive and not supported by a preponderance of the evidence. From our review of the entire record and applicable law, the judgment of the trial court is affirmed as modified. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed as Modified. L. TERRY LAFFERTY, SR. J., in which JOE C. LOSER, JR., SP. J., and JANICE M. HOLDER, J., joined. John D. Burleson and L. Beth Williams, Jackson, Tennessee, for the appellant, Ameristeel Corporation. Paul Todd Nicks, Jackson, Tennessee, for the appellee, Diana Noles. MEMORANDUM OPINION Diana Noles (Parker), age 43, a high school graduate, testified that she has a varied employment background since high school. Plaintiff has worked as an office employee as well as performing manual labor in factories. Prior to 1993, she lived in Addison, Illinois, and moved to Tennessee that year with her ex-husband.1 Prior to her employment with MRT and Defendant, who 1The Plaintiff was a single mother up and until her marriage three months prior to trial. took over MRT, Plaintiff worked for Johnson Controls in Lexington, Tennessee, testing seat tracks for cars. When Plaintiff went to work for MRT, she was a "B" operator. This work consisted of shoveling, squeegeeing off the floor, pulling samples, and driving a forklift and front end loader. She became an "A" operator in the control room, but when Defendant took over MRT, she was transferred back to a "B" operator. Plaintiff's primary work responsibility was to keep the seal pans clean, unload coal trucks, fill charge buckets, and shovel and hoe out the seal pans which would accumulate mud. Also, this cleaning process required the use of a three-inch vacuum hose. Twenty- five percent (25%) of her work consisted of this repetitive shoveling, hoeing and vacuuming of the seal pans. Prior to February of 1999, Plaintiff had no work-related injuries. In January 1999, she advised her supervisors that her right arm felt like dead weight and was numb. She saw her family doctor who advised her that she may have carpal tunnel and to advise her employer. The company sent her to see Dr. Kenneth Warren, who referred her to Dr. Ronald Bingham for carpal tunnel testing. As a result of the test, Dr. Warren referred Plaintiff to Dr. Claiborne Christian for carpal tunnel syndrome. Eventually, Dr. Christian performed surgery on her right arm on Friday, February 26, 1999. She returned to light duty the following Monday and remained on light duty for six weeks. During this six weeks, Plaintiff was still seeing Dr. Christian every couple of weeks until she was returned to full duty. Her shoulder pain and numbness went away after surgery. Plaintiff testified that in June 1999, she began developing numbness and pain in her left hand. The company referred her back to Dr. Christian. After seeing Dr. Christian a number of times and having another test, Dr. Christian performed surgery on her left hand. Plaintiff returned to full duty in April 2. Since both surgeries, Plaintiff testified that she has re-occurring numbness/tingling, more in the right hand than the left. The numbness has affected her work and home chores in that while performing shoveling or vacuuming, she must stop and rest. She has not complained to her supervisors, as she does not want to sound "whiny." On behalf of Defendant, Mr. Jimmy Sloop, plant superintendent, testified that Plaintiff is one of his best employees. She does a good job, does not complain and approximately twenty-five percent (25%) of her work is repetitive. He would be happy to recommend her for an "A" operator position, but there are no openings and none seem to be available in the immediate future. Mr. Sloop confirmed that Plaintiff worked a twelve-hour shift, three days a week and averaged 1.3 hours of overtime daily. MEDICAL EVIDENCE Plaintiff was seen, initially, by Dr. Warren on February 9, 1999, who referred her to Dr. Bingham for a nerve conduction test. As a result of the test indicating severe entrapment neuropathy of the median nerve in right wrist, Dr. Warren referred Plaintiff to Dr. Christian for possible carpal tunnel release. Dr. Christian, an orthopedic specialist, filed a C-32, Department of Labor Standard Form Medical Report for Industrial Injuries on October 16, 2. Utilizing the AMA Guidelines for evaluation of permanent impairment, Dr. Christian opined that Plaintiff sustained a two percent (2%) -2-
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:C. Creed Mcginley, Judge |
Carroll County | Workers Compensation Panel | 12/19/01 | |
| Terry Stephens v. State of Tennessee
M2001-00023-CCA-R3-CO
The petitioner appeals from the trial court's denial of his petition for writ of error coram nobis. In his petition, he alleged that his conviction should be set aside because the victim had recanted his testimony. Following a hearing, the trial court denied relief and the petitioner appealed. After a thorough review, we affirm the court's order of denial.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 12/19/01 | |
| Michael Bruce Harris v. Magotteaux, Inc., et al
M2000-03201-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer appeals the trial court's calculation of the workers' compensation award of permanent partial disability benefits using the employee's total medical impairment rating, as opposed to using only the medical impairment rating arising from the most recent injury. In addition, the employer's previous insurance carrier challenges the trial court's finding that it is equally liable along with the current insurance carrier for the employee's most recent injury and the employee's future medical benefits. The Panel concludes the award should be modified in part and reversed in part. We modify the trial court's judgment, finding that the employee is entitled to workers' compensation benefits solely for his most recent injury and award a 12% permanent partial disability to the body as a whole. An employee cannot combine a claim for a new injury with a claim for reconsideration of a pre-existing workers' compensation award when the employee sustains an additional injury. We reverse the trial court's judgment, finding that Home Insurance Company, the previous insurance carrier, is not liable for benefits arising from the second injury. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Circuit Court Modified in Part and Reversed in Part. GAYDEN, SP. J., in which DROWOTA, J., and LOSER, SP. J., joined. Joseph W. Henry, Jr., Henry, Henry & Speer, Pulaski, Tennessee, for the appellant, Magotteaux, Inc. 1 Rankin P. Bennett, Cookeville, Tennessee, for the appellee, Michael Bruce Harris William M. Billips, Ortale, Kelley, Herbert & Crawford, Nashville, Tennessee, for the appellee, Home Insurance Company and Home Indemnity Company MEMORANDUM OPINION The employee/appellee, Michael Bruce Harris, is a forty-year-old high school graduate, with no further schooling. He is married and has one child who is in the 12th grade. Since graduating from high school in 1978, the employee has held and performed jobs requiring a great deal of physical exertion. The employee worked at his first job at Torrington/ Fafnir from 1978 until 1988 as a material handler and equipment operator. In 1988, he started work for Magotteaux, Inc., the employer/appellant, as a field services technician. This job required the employee to drive a truck to various and distant locations throughout the country, erect equipment for the customer, and be on standby around the clock until the customer was satisfied. The employee would dismantle the machinery once the customer was finished and transport the equipment to the next location. The employee worked for the employer for 9_ years until his dismissal on January 11, 1999. Some time after the loss of his job, the employee and a friend borrowed $85, to open a retail package liquor store. The employee is presently working at this liquor store. While on the job working for the employer, the employee suffered two injuries to the same place in his back. No dispute exists as to whether the employee was on the job at the time of the injuries. Both injuries resulted in a ruptured disc on the right side at the L4/5 level of the spine and required laminectomies. The first injury occurred on June 13, 1994. Dr. Verne Allen, the neurosurgeon who performed the first laminectomy, assigned a 1% medical impairment rating in accordance with the Fourth Edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment. After the first injury, the employee returned to his job at the same or greater pay. He received a workers' compensation award in the amount of 25% permanent partial disability to the body as a whole. The trial court reached this number by multiplying the 1% medical impairment rating 2_ times, as allowed in Tenn. Code Ann. _ 5-6- 241(a)(1)(2). The employee suffered his second injury on March 21, 1998, on a job site in Pennsylvania. Dr. Vaughan Allen, a neurosurgeon, performed the second laminectomy and assigned an additional 2% medical impairment rating in keeping with the Fourth Edition of the AMA Guides. In his deposition, Dr. Allen agreed that the total physical impairment rating of these two laminectomies would be 12% medical impairment to the body as a whole. The employee returned to work, again at the same or greater pay. Dr. Vaughan Allen placed restrictions on the employee's physical activities; specifically, no lifting over thirty pounds on a repetitive basis, fifty pounds occasionally, no repetitive bending, and no driving a truck for two hours without getting out and moving around. Dr. Allen ordered the employee not to drive a truck in the capacity he had been doing before the second injury. The employee filed two complaints for workers' compensation following his second injury. 2
Authoring Judge: Gayden, Sp. J.
Originating Judge:Hon. Jim T. Hamilton, Judge |
Giles County | Workers Compensation Panel | 12/18/01 | |
| State of Tennessee v. Rayfield Brice
W2000-02601-CCA-R3-CD
A jury convicted the defendant of aggravated robbery, and the trial judge sentenced him to 12 years incarceration as a Range I standard offender. In this appeal, the defendant contends: (1) the evidence was insufficient to sustain his conviction; (2) his custodial statement should have been suppressed; (3) a juror failed to respond to a voir dire question concerning prior involvement in the legal system, thereby depriving the defendant of a fair and impartial jury; (4) the trial court erroneously disallowed admission of a crime scene report; and (5) his sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 12/18/01 | |
| Shelley (Douglas) Stevenson, v. Michael Kingston Stevenson
01A01-9506-CV-00230
This is an appeal by defendant, Michael Kingston Stevenson (Husband), from the trial court's award of alimony in solido, alimony in futuro, the amount of child support award, and the award of additional alimony in solido of $9,700.00 for plaintiff, Shelly Sue Douglas Stevenson's (Wife), attorney's fee.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 12/18/01 |
