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Fred E. Dean v. Donal Campbell, et al. 01A01-9711-CH-00672 This case comes to us on appeal from an order dismissing Appellant Dean’s complaint against Appellees, filed apparently under the auspices of 42 U.S.C. § 1983 et seq., alleging violation of civil rights under the color of state authority. The trial court dismissed Mr. Dean’s complaint for failure to specify the capacity of the defendants being sued. For the reasons and under the authorities recited below, we affirm the trial court’s dismissal of Mr. Dean’s claim with prejudice. Authoring Judge: Judge William B. Cain Originating Judge:Chancellor Ellen Hobbs Lyle	Davidson County	Court of Appeals	09/02/98
Williamson County Broadcasting Company, Inc., and William B. Ornes, v. Intermedia Partners, et al. 01A01-9709-CH-00480 The appellants and appellees have both filed a Petition to Rehear, which we have considered and found to be without merit. It is, therefore, ordered that the petitions be denied. Authoring Judge: Presiding Judge Henry F. Todd	Williamson County	Court of Appeals	09/02/98
James Harrison Jenkins v. Annette Carol Jenkins 01A01-9803-CV-00134 In this case James Harrison Jenkins appeals the action of the trial court in dismissing his petition to modify a final decree of divorce. Authoring Judge: Judge William B. Cain Originating Judge:Judge Bobby H. Capers	Macon County	Court of Appeals	09/02/98
Edith Stromatt, v. The Metropolitan Employee Benefit Board of the Metropolitan Government of Nashville and Davidson County, Tennessee 01A01-9707-CH-00354 The appellant in this action is Edith Stromatt, a former employee of the Metropolitan Government of Nashville, Tennessee. When Ms. Stromatt sought disability with the Metropolitan Employee Benefit Board ("the Benefit Board"), she was granted a medical disability pension; however, she was denied the inline- of-duty pension (IOD) that she desired. Ms. Stromatt brought suit in chancery court claiming that the Benefit Board erred in its failure to grant her an IOD pension. She also claims that the Benefit Board denied her the constitutional right to be heard prior to its decision. The trial court agreed with the conclusions of the Benefit Board and dismissed Ms. Stromatt's appeal. Authoring Judge: Special Judge Walter W. Bussart Originating Judge:Chancellor Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	09/02/98
State of Tennessee v. Marlon Madison -Concurring 01-A-01-9711-CV-00676 The Juvenile Court of Pickett County found a juvenile to be delinquent for selling marijuana to a classmate. He appealed to the Circuit Court, which likewise found him to be delinquent, and placed him on probation with the Department of Childrens’ Services. We reverse the Circuit Court. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Judge John J. Maddux	Pickett County	Court of Appeals	09/02/98
Adolph C. Lavin and Jean Lavin, surviving parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estate of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon 01A01-9709-CV-00455 The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows: Authoring Judge: Presiding Judge Henry F. Todd Originating Judge:Judge Barbara N. Haynes	Davidson County	Court of Appeals	09/02/98
Adolph C. Lavin and Jean Lavin, Surviving Parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estated of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon 01A01-9709-CV-00455 The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows: Authoring Judge: Presiding Judge Henry F. Todd Originating Judge:Judge Barbara Haynes	Davidson County	Court of Appeals	09/02/98
Harden vs. Danek 03A01-9801-CV-00020		Court of Appeals	08/31/98
State vs. Carolyn Pickett 01C01-9710-CC-00472 Originating Judge:J. Curtis Smith	Franklin County	Court of Criminal Appeals	08/31/98
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX Originating Judge:Wyeth Chandler		Supreme Court	08/31/98
David F. Summers v. K.U.B and Larry Brinton, et al 03S01-9703-CH-00029 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. Fairly stated, the issues referred to the panel for findings and conclusions are (1) whether the chancellor erred in computing the employer's liability for permanent total disability benefits based upon a percentage of benefits payable to the employee up to age 65, (2) whether the chancellor erred in holding the employer liable for all benefits payable until the time of the employee's death, from a cause other than the compensable injury, on September 8, 1996, and (3) whether the chancellor abused his discretion by refusing to order the claimant's counsel to remit a portion of his fee because the claimant died before the expiration of 4 weeks. As discussed below, the panel has concluded the judgment should be affirmed as to all three issues. The employee or claimant, Summers, was fifty-four years old at the time of the trial. He had worked for the employer, Knoxville Utilities District, since 1965. On June 2, 1993, he suffered a compensable neck injury, which injury was superimposed upon three prior disabilities, none of which entitled him to an award of workers' compensation benefits. As a result of the compensable injury, for which the chancellor found him to be thirty percent permanently disabled, combined with the pre-existing physical disabilities, the claimant is permanently and totally disabled. The trial judge so found and, as required by Tenn. Code Ann. section 5-6-28(a)(1)1, apportioned the award thirty percent to the employer and seventy percent to the Second Injury Fund, to age 65. The employer contends, by its first issue, that its liability should be limited to thirty percent the first 4 weeks of benefits. 1 5-6-28(a)(1) If an employee has previously sustained a permanent physical disability from any cause or origin and becomes permanently and totally disabled through a subsequent injury, such employee shall be entitled to compensation from such employee's employer or the employer's insurance company only for the disability that would have resulted from the subsequent injury, and such previous injury shall not be considered in estimating the compensation to which such employee may be entitled under this chapter from the employer or the employer's insurance company; provided, that in addition to such compensation for a subsequent injury, and after completion of the payments therefor, then such employee shall be paid the remainder of the compensation that would be due for the permanenttotal disability out of a special fund to be known as the "second injury fund" therein created. Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Billy Joe White,	Knox County	Workers Compensation Panel	08/31/98
Henry Mitchell Brummitt v. Lockheed Martin Energy Systems 03S01-9707-CV-00089 This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that he became totally disabled on account of anxiety and depression caused by several specific, acute and sudden stressful job-related incidents, all of which were denied by the defendant. The trial judge found that the plaintiff's mental problems were the result of a "gradual build-up of stress caused by the plaintiff's overreaction to his work," and hence not compensable. The plaintiff appeals the dismissal of his complaint. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. T.C.A. _ 5-6- 225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). I The plaintiff is 58 years old. In June 1976 he was employed by the defendant's predecessor as a fire truck driver. Promotions came his way and in 1984 he was named maintenance officer of all the fire and guard facilities at the Y-12 plant in Oak Ridge. 2 Authoring Judge: William H. Inman, Senior Judge Originating Judge:Hon. James B. Scott	Knox County	Workers Compensation Panel	08/31/98
Longworth vs. Nunez 03A01-9709-CV-00388		Court of Appeals	08/31/98
State vs. Samuel Howard 02C01-9707-CR-00274	Shelby County	Court of Criminal Appeals	08/31/98
Memphis Publishing Co. vs. TN. Petroleum Underground 01S01-9710-CH-00232		Supreme Court	08/31/98
Barbara White vs. William H. Lawrence, M.D. 02S01-9701-CV-00007		Supreme Court	08/31/98
State vs. Andre Chamberlain 01C01-9710-CR-00490	Davidson County	Court of Criminal Appeals	08/31/98
Sarah Taylor v. Harman Automotive, Inc. 02S01-9708-CH-00074 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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The issue raised in this case is whether the trial judge erroneously set aside a previously approved settlement of the plaintiff's workers' compensation case against the defendant. We find it was error to set this judgment approving the settlement aside. We reverse the judgment which did so and reinstate the judgment approving the settlement. Prior to April 17, 1995, the plaintiff and the defendant reached an agreement to settle the plaintiff's claim against the defendant. The parties filed a joint petition seeking court approval of the agreement. On April 17, 1995, the petition was heard by Chancellor Morris, sitting by interchange for Judge Whitenton in Hardeman County. After hearing the plaintiff and other statements, Chancellor Morris found the settlement was proper, was understood by the plaintiff, and gave her substantially what she was entitled to under the Workers' Compensation Act. On May 4, 1995, the plaintiff filed a petition to set aside the settlement because "her workers' compensation settlement was procured by fraud, or in the alternative, the settlement did not secure to her in a substantial manner the benefits under the workers' compensation law of the State of Tennessee." 2 Authoring Judge: John K. Byers, Senior Judge Originating Judge:Hon. Dewey C. Whitenton,	Hardeman County	Workers Compensation Panel	08/31/98
State vs. Gary Russell 02C01-9712-CC-00475	Madison County	Court of Criminal Appeals	08/31/98
Spooner vs. State 03C01-9608-CR-00283	Hancock County	Court of Criminal Appeals	08/31/98
James Jackson vs. State 01C01-9609-CR-00387	Davidson County	Court of Criminal Appeals	08/31/98
City of Fulton vs. Hickman-Fulton 01S01-9710-FD-00215	Weakley County	Supreme Court	08/31/98
State vs. Charles Treadwell 01C01-9705-CR-00166	Davidson County	Court of Criminal Appeals	08/28/98
State vs. Drexell Ridley 01C01-9705-CC-00171 Originating Judge:W. Charles Lee	Lincoln County	Court of Criminal Appeals	08/28/98
Alan Head vs. State 01C01-9802-CR-00082 Originating Judge:Jerry L. Smith		Court of Criminal Appeals	08/27/98