APPELLATE COURT OPINIONS

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State vs. Charles Bourgeois

01C01-9611-CR-00483

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 10/24/97
State vs. Antonio Mason

01C01-9607-CC-00315

Originating Judge:William Charles Lee
Bedford County Court of Criminal Appeals 10/24/97
State vs. Kind Johnson

01C01-9610-CC-00430
Maury County Court of Criminal Appeals 10/24/97
State vs. Carl Campen

01C01-9512-CC-00433
Coffee County Court of Criminal Appeals 10/24/97
State vs. Porter

03C01-9606-CC-00238
Anderson County Court of Criminal Appeals 10/24/97
Perry Miller vs. State

01C01-9606-CC-00239

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 10/24/97
State vs. Stanley Lawson

01C01-9607-CR-00320
Sumner County Court of Criminal Appeals 10/24/97
01C01-9801-CC-00053

01C01-9801-CC-00053
Montgomery County Court of Criminal Appeals 10/24/97
State vs. Melvin Henning

02C01-9703-CC-00126

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 10/24/97
01C01-9604-CC-00136

01C01-9604-CC-00136

Originating Judge:Donald P. Harris
Hickman County Court of Criminal Appeals 10/24/97
State vs. George Harville

01C01-9607-CC-00300

Originating Judge:Thomas W. Graham
Sequatchie County Court of Criminal Appeals 10/24/97
Martucci vs. State

03C01-9412-CR-00438

Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 10/24/97
Pamela Massengill vs. Stanley Stewart

02A01-9612-JV-00309

Originating Judge:Howard Bailey
Chester County Court of Appeals 10/23/97
State vs. Shannon Smith, Keith Versie, Michael Wofford

02C01-9508-CR-00241

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 10/23/97
State vs. Ricky Harris

02C01-9610-CC-00324

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 10/23/97
State vs. Connie Fulton

02C01-9701-CR-00005
Shelby County Court of Criminal Appeals 10/23/97
Handley v. Travelers

03S01-9611-CH-00113
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, Merlin Stephen Handley, has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor held plaintiff had failed to carry the burden of proof in establishing his heart attack was caused by his work activity. Plaintiff, 44 years of age, was employed by defendant, Canteen Food Services, Inc., as a route salesman. His duties required him to stock and service vending machines on an established route. On December 13, 1994, he had moved a large number of soft drink cases (75-8) prior to servicing vending machines on his route. This work was at a time when the building where he was working was particularly warm. He began to feel unusually short of breath; had some pain in his chest and tingling under his arm. After some period of time, he decided to go to a doctor who concluded he was having or was about to have a "full blown" heart attack. He was immediately admitted to a hospital where he remained for less than one week. After being discharged, he was off work for about six weeks. Sometime after returning to work, he continued to experience further problems and eventually terminated his employment with defendant. He found employment involving desk work where his income at the time of trial was somewhat higher than his earnings as a route salesman. Plaintiff testified he had never experienced any heart problems prior to his heart attack; that his mother had a heart attack in her fifties and he had a couple of uncles who died at a young age from heart disease. He also admitted he had smoked since the age of twenty and was a heavy smoker consuming one and a half to two packs a day. The only expert medical testimony was the deposition of Dr. Gregory Brewer, a cardiologist who treated plaintiff. His diagnosis was acute myocardial infarction. He 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Earl H. Henley,
Knox County Workers Compensation Panel 10/22/97
State vs. Reneau

03C01-9610-CC-00367

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/22/97
02A01-9511-CH-00256

02A01-9511-CH-00256

Originating Judge:C. Neal Small
Shelby County Court of Appeals 10/22/97
Bjork vs. Bjork

01A01-9702-CV-00087

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 10/22/97
Berryhill vs. Swinea, et. al.

01A01-9702-CH-00082

Originating Judge:James L. Weatherford
Lawrence County Court of Appeals 10/22/97
Sellers vs. Anderson

01A01-9703-CV-00114

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 10/22/97
State vs. Kaufmann

03C01-9607-CC-00260

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/22/97
Caldwell vs. Nissan Motor Manufacturing

01A01-9703-CV-00096

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 10/22/97
Walden vs. State

03C01-9610-CR-00372

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 10/22/97