Please enter some keywords to search.
| Brenda Rainey v. Cleo, Inc.
02S01-9802-CV-00018
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, Brenda Rainey, has appealed from the judgment of the trial court denying her claim for workers' compensation on the grounds that she failed to carry her burden of proof that she sustained a work-related injury in the course and scope of her employment and that she sustained a permanent anatomical impairment as a result of a work- related injury. On appeal, the only issue presented by the plaintiff is whether the evidence preponderates against the judgment of the trial court. For the reasons hereinafter stated, we find that it does not, and, therefore affirm the trial court's judgment. At the time of trial, the plaintiff testified she was a single mother with two adult children, an eighth grade education, and a previous work history consisting of factory jobs and a nursing home position. The plaintiff testified she worked for the defendant as a bow inspector in November, 1995. The plaintiff's job was to watch 2-3 gift bows go by on a conveyor belt and "pick them out." While observing the conveyor line and bows, the plaintiff testified that her hands began hurting, and she notified her supervisor/line leader.1 The line leader replied, "Well, you'll be okay," and told the plaintiff that the absence would count against her if she left work. The plaintiff had previously complained about her left wrist while employed with another employer. She was seen by Dr. James Crenshaw and treated with wrist bands and medication. On November 4, 1995, the defendant notified the plaintiff that she was being laid off and subsequently closed the factory without notice. The plaintiff testified she was not furnished a panel of physicians from the defendant's compensation carrier until her attorney got approval for her to see Dr. Michael Cobb. The plaintiff lived in Humboldt, Tennessee, and Dr. Cobb's office was in Jackson, Tennessee. The plaintiff testified that 1In her complaint, the plaintiff stated that the date of injury was November 11, 1995, and the defendant's answer acknowledged that notice of an injury was given on November 4, 1995. Plaintiff later amended her complaint to allege the injury was gradually occurring with the last occurrence on November 11, 1995. 2
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. C. Creed Mcginley, Judge |
Hardin County | Workers Compensation Panel | 08/27/99 | |
| State vs. Tracy Lebron Vick
03C01-9803-CR-00100
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 08/27/99 | |
| Edward T. Kendricks vs. State
03C01-9806-CR-00205
|
Hamilton County | Court of Criminal Appeals | 08/27/99 | |
| Wilson vs. Dept. of Corrections
01A01-9806-CH-00302
|
Davidson County | Court of Appeals | 08/27/99 | |
| Billy Wayne Leslie vs. State
01C01-9806-CR-00242
|
Davidson County | Court of Criminal Appeals | 08/27/99 | |
| Doe vs. HCA Health Services of TN
01A01-9806-CV-00306
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 08/27/99 | |
| Billy Wayne Leslie vs. State
01C01-9806-CR-00242
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 08/27/99 | |
| James Cozart vs. Lynn Cozart
02A01-9810-CV-00285
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 08/27/99 | |
| State vs. Melvin Jerome Anderson
03C01-9808-CC-00293
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 08/27/99 | |
| Gipson vs. Taylor
01A01-9811-CH-00611
|
Wilson County | Court of Appeals | 08/27/99 | |
| State vs. David Hundley
02C01-9810-CC-00313
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 08/26/99 | |
| State vs. Jerry Hayes
02C01-9810-CC-00338
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 08/26/99 | |
| State vs. David Hundley
W2001-00500-CCA-RM-PC
In this case, the petitioner, David Lee Hundley, filed a petition for post-conviction relief. The trial court dismissed the petition on the basis that it was barred by the applicable statute of limitations. Our Court reversed and remanded for a determination by the trial court as to whether there was sufficient evidence of Petitioner's prior mental health problems to warrant a tolling of the statute of limitations. David Lee Hundley v. State, No. 02C01-9810-CC-00313, 1999 WL 668723, Weakley County (Tenn. Crim. App., Jackson, August 26, 1999). The supreme court granted the State's application for permission to appeal pursuant to Tenn. R. App. P. 11 and remanded the case to this Court for reconsideration in light of State v. Nix, S.W.3d, No. E1999-02715-SC-R11-PC, slip op. (Tenn. Feb. 20, 2001). Upon remand, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 08/26/99 | |
| Michael Dickerson vs. State
03C01-9808-CC-00306
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 08/26/99 | |
| Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne
E1999-02012-COA-R3-CV
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/26/99 | |
| State vs. James Otis Martin
03C01-9803-CR-00103
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/26/99 | |
| State vs. Gerald Schaffer
03C01-9807-CR-00226
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/26/99 | |
| Robert Odom v. Mary Odom
M1999-02811-COA-R3-CV
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 08/25/99 | |
| Adrian Waite vs. State
03C01-9809-CR-00343
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
| William Terry Wyatt vs. Billie Carey
03A01-9809-CV-00307
|
Cumberland County | Court of Appeals | 08/25/99 | |
| Gregory B. Hinton vs. City of Chattanooga
03A01-9901-CV-00013
|
Hamilton County | Court of Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 | ||
| Gary William Holt vs. State
03C01-9808-CR-00279
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
| State vs. Bao Nguyon
02C01-9801-CR-00004
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 |