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| Garrard vs. Metropolitan Gov't.
01A01-9803-CV-00117
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 10/14/98 | |
| Sarah v. Peltz,
01A01-9711-CH-00659
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 10/14/98 | |
| Turner vs. Donal Campbell et al
01A01-9802-CH-00089
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/14/98 | |
| State vs. George Kelly
01C01-9610-CC-00448
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 10/13/98 | |
| State vs. Griffis
03C01-9708-CR-00358
Originating Judge:E. Eugene Eblen |
Court of Criminal Appeals | 10/13/98 | ||
| State vs. Eddie Coley
01C01-9707-CC-00270
|
Williamson County | Court of Criminal Appeals | 10/13/98 | |
| Evid., And Mcdaniel v. Csx Transportation, Inc., 955 S.W.2D 257 (Tenn. 1997). The
03C01-9707-CC-00270
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 10/13/98 | |
| State vs. Johnny Davidson
01C01-9707-CC-00290
|
Maury County | Court of Criminal Appeals | 10/13/98 | |
| State vs. Danny King
01C01-9710-CR-00487
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 10/13/98 | |
| Collier vs. State
03C01-9709-CR-00388
|
Knox County | Court of Criminal Appeals | 10/13/98 | |
| State vs. Larry Dixon
01C01-9802-CC-00085
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 10/13/98 | |
| State vs. Bidwell
03C01-9710-CC-00470
Originating Judge:J. Curtis Smith |
Rhea County | Court of Criminal Appeals | 10/13/98 | |
| State vs. Eddie Coley
01C01-9707-CC-00270
|
Williamson County | Court of Criminal Appeals | 10/13/98 | |
| State vs Ricky Bryan
01C01-9704-CC-00136
|
Rutherford County | Court of Criminal Appeals | 10/12/98 | |
| State vs. Martin
03C01-9711-CR-00508
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 10/12/98 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:Earle G. Murphy |
McMinn County | Court of Criminal Appeals | 10/12/98 | |
| Crittenden vs. State
01S01-9712-CR-00267
|
Davidson County | Supreme Court | 10/12/98 | |
| Jamie Hamilton vs. Gary Cook
02A01-9712-CV-00324
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 10/12/98 | |
| State vs. Bivens
03C01-9711-CR-00497
|
McMinn County | Court of Criminal Appeals | 10/12/98 | |
| Willie Gooch v. Mckinnon Bridge Company
01S01-9708-CH-00169
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) for hearing and reporting of findings of fact and conclusions of law. The issue on appeal is whether the denial of the employee's motion to set aside the workers' compensation settlement was an abuse of discretion. As discussed below, the panel has concluded the trial court did not err and that the trial court's action should be affirmed. The employee, Mr. Willie Gooch, a manual laborer, injured both hands on March 14, 1995 during the course and within the scope of his employment for McKinnon Bridge Company. Dr. Fred Torstrick had assigned the following impairment ratings: eight percent to the left index finger, twenty-nine percent to the left long finger, twenty-nine percent to the left ring finger, twelve percent to the left small finger, fifteen percent to the right index finger, fifteen percent to the right long finger, and twelve percent to the right ring finger. Mr. Todd Smith, a representative for the insurance adjusting agency, advised Mr. Gooch of the treating physician's disability ratings and offered him a settlement based on those ratings. However, the settlement eliminated any future medical benefits for the injury. Mr. Smith, admittedly, did not read the documents to Mr. Gooch, who cannot read and can barely write his name. The settlement proposed a lump sum payment in the sum of $11,962.19, in addition to medical expenses already paid totaling $2,766.1. Mr. James Tucker, attorney for McKinnon Bridge Company, testified that he personally called Mr. Gooch and explained the settlement, including the omission of any future medical expenses and the settlement's finality. Mr. Tucker and Mr. Gooch met and went over the prepared documents, which Mr. Gooch then signed. Mr. Tucker testified that he did not read the documents to Mr. Gooch verbatim but that he did cover the substance of the material portions in question. On October 31, 1996, McKinnon Bridge Company and the injured employee filed a Petition for Approval of Final Settlement in the Chancery Court of Davidson County. Mr. Gooch was not represented by counsel. A hearing was held that same day. The chancellor repeatedly told Mr. Gooch he would likely receive more money if he took his case to trial. The chancellor further informed Mr. Gooch that he certainly would be awarded future medical benefits if taken to trial. Moreover, the chancellor advised Mr. Gooch that he was entitled to hire an attorney. Despite the information provided by the insurance adjuster, the defendant's attorney, as well as the chancellor, Mr. Gooch still expressed a desire to settle the matter. Thus, the chancellor entered an Order Approving the Settlement, after finding the settlement to be in the employee's best interest. On his drive home from the courthouse, Mr. Gooch concluded he had made a mistake. He hired an attorney, who, on November 8, 1996, filed a timely Motion to Set Aside The Order Approving the Workers' Compensation Settlement, grounded on his lack of sophistication and illiteracy, and that he had changed his mind after considering what he had been told by the judge and 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Davidson County | Workers Compensation Panel | 10/12/98 | |
| State vs. Callahan
03S01-9711-CC-00136
Originating Judge:R. Jerry Beck |
Supreme Court | 10/12/98 | ||
| William R. Littrell v. Lawrence County Advocate, Inc.
01S01-9710-CV-00233
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. This action was filed by the heirs at law and administrators of the estate of Edith Carolyn Littrell ["Decedent"] to recover the statutory benefits available in a non-dependency case. On August 4, 1996, the Decedent was delivering newspapers for the defendant. She was 53 years old, single, and had delivered newspapers twice weekly for four years on a 1-mile route driving her personal automobile, a Ford Bronco. The one-car accident occurred on the tertiary, non-paved Mt. Zion road in a remote section of Lawrence County at about the halfway point on her delivery route. The road was seventeen feet wide, graveled, straight, and the Decedent was west-bound, traveling up-grade. There were no witnesses to the accident, but the witness Richardson testified without objection that the Bronco "flipped over one and a-half times." The precise time of the accident was not established. The witness Richardson testified that he "learned there had been a car wreck" about 9: a.m. and went to the scene. Trooper Paul Moore testified that he received a 911 message about 9: a.m. that an accident had occurred and that he arrived at the scene 2 - 3 minutes later. Mr. Richardson testified that Trooper Moore arrived more than an hour after he - Mr. Richardson - arrived. The EMS people arrived before Trooper Moore, and were attending to the Decedent, who was taken to Crockett Hospital. Trooper Moore testified: " . . . there was a cooler inside the vehicle. There was a strong odor of an alcoholic beverage, beer . . . there was also open beer cans in the vehicle. It had a strong, strong smell of it . . . beer." 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Lawrence County | Workers Compensation Panel | 10/12/98 | |
| The City of White House vs. Whitley
01S01-9711-CH-00259
|
Sumner County | Supreme Court | 10/12/98 | |
| The City of White House vs. Whitley
01S01-9711-CH-00259
|
Robertson County | Supreme Court | 10/12/98 | |
| State vs. Sweat
03C01-9708-CC-00348
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/12/98 |