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| Christopher S. Baker v. Middle Tn. Acoustics, Inc., et al.
01S01-9702-CH-00035
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The plaintiff/appellant, Christopher Steven Baker, appeals from the trial court's decision holding that he failed to prove that he sustained an injury while working for the defendant/appellee, Middle Tennessee Acoustic, Inc. The outcome of the case hinges primarily on a determination of the plaintiff's credibility. While our review is de novo, it is accompanied by a presumption of the correctness of the trial court's findings. Moreover, when the trial court has made a decision that hinges upon the credibility of the witnesses, it will not be disturbed on appeal unless there is in the record clear, concrete, and convincing evidence to the contrary. And, too, considerable difference is to be accorded the trial court where issues of credibility and weight of oral testimony are involved. Townsend v. State, 826 S.W.2d 434, 437 (Tenn. 1992), Airline Construction, Inc. v. Barr, 87 S.W.2d 247, 264 (Tenn. App. 199). The record is filled with contradictory and conflicting evidence regarding whether the plaintiff injured himself as he claims. The plaintiff, at trial, testified that he injured himself on Friday, June 2, 1995. Yet he alleges in his complaint that the injury was on June 5, a Monday. Records from Nashville's General Hospital reflect that he once gave June 3 as the date of his injury and later gave June 5 as the date. The plaintiff told Dr. David Gaw it was June 5. Confusion over the exact date of an injury is not unusual and failure for a worker to recall the exact date or recalling an incorrect date is usually immaterial to the outcome of the case. But the plaintiff himself emphasizes the exact date. It is important for him to prove it happened on a Friday. Wallace Harris, owner of the employer corporation, testified that the plaintiff told him he, the plaintiff, hurt himself while moving. This, of course, directly contradicts the plaintiff's testimony. But it also sheds some light on why the June 2 date surfaced at trail. By proving that he hurt himself on a Friday, the plaintiff proves that he did not hurt himself over the weekend when he moved. Ronnie Stroud was working with the plaintiff when the plaintiff says he injured himself. The plaintiff testified he told Stroud he hurt his back and that the two of them finished the work day with Stroud doing the overhead work with the plaintiff handing Stroud the materials. Stroud testified at trial that the plaintiff never complained about being hurt and that he, Stroud, never observed the plaintiff being hurt. The plaintiff had a previous work-related back injury. He denies that it was bothering him before June 2 or June 5, 1995. Yet he was scheduled for a Social Security disability examination with Dr. Gaw before June 2 or June 5. If he had no manifestation of disability - 2 -
Authoring Judge: Robe R T S. Br Andt , Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Davidson County | Workers Compensation Panel | 11/14/97 | |
| Holloway vs. Collier, Jr.
01A01-9704-CV-00153
Originating Judge:William B. Cain |
Maury County | Court of Appeals | 11/14/97 | |
| O.W. Winsett v. Paul Orr and Mary Orr
02A01-9605-CH-00100
This case involves the alleged breach of an oral contract for the construction of a home. The trial court granted the builder summary judgment. Because some genuine issues of material fact exist, we affirm in part, reverse in part, and remand.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/14/97 | |
| State vs. Robbie James
01C01-9609-CR-00388
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Davidson County | Court of Criminal Appeals | 11/14/97 | |
| American Color vs. Innovo
01A01-9703-CH-00120
Originating Judge:William C. Koch |
Court of Appeals | 11/14/97 | ||
| Thomas v. White
01A01-9610-CH-00479
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/14/97 | |
| Harris Hughes Jr. vs. TN Seeds, et al
02A01-9611-CV-00290
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Appeals | 11/14/97 | |
| 01C01-9612-CC-00517
01C01-9612-CC-00517
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Williamson County | Court of Criminal Appeals | 11/14/97 | |
| Kenneth Rudstrom, et al vs. Ronald Terry Construction
02A01-9605-PB-00098
Originating Judge:Leonard D. Pierotti |
Shelby County | Court of Appeals | 11/14/97 | |
| City of Memphis vs. Civil serv. Comm., et al
02A01-9607-CH-00158
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 11/14/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Jefferson County | Court of Appeals | 11/13/97 | |
| Willie M. Nutt v. Angelica Uniform Group
01S01-9609-CH-00195
This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, Willie M. Nutt, appeals the judgment of the trial court in dismissing her complaint as being barred by the statute of limitations. For the reasons stated in this opinion, we affirm the judgment of the trial court. Willie M. Nutt worked for the defendant, Angelica Uniform Group, from 1982 to 1989 when she quit due to pain in her shoulders and back. She then worked for Tennessee River for several months, but again had to quit due to the physical inability to do her job. In November 1989, she was advised by Dr. Howard Fuchs that her shoulder problems were work- related. With the encouragement of the plant manager, and the assurance of light duty, Ms. Nutt returned to work for Angelica Uniform in July, 199. She was able to handle small parts for a few days, but her shoulder symptoms returned when she was assigned to heavier work. She was terminated because she was unable to perform her job. Plaintiff filed suit on January 28, 1991, and alleged on or about July 31, 199, she became aware she had suffered an injury to her shoulders. The defendant answered and pled the statute of limitations as a defense. After a trial on October 2, 1994, the trial court took the matter under advisement and entered judgment on December 16, 1994, dismissing plaintiff's cause of action. The trial court found: The shoulder problems suffered by Ms. Nutt, however, were long standing problems and were not caused by a work-related injury during her brief period of employment at Angelica's plant in July of 199. The Court further finds that Ms. Nutt was aware of her shoulder problems and aware that those shoulder problems were work related several years before the complaint in this action filed. The statute of limitations applicable to her claims, therefore, expired prior to the filing of this action on January 28, 1991, and Ms. Nutt's action was untimely and barred by the statute of limitations. The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tennessee Code Annotated _ 5-6-225(e)(2). Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference 2
Authoring Judge: W. Michael Maloan, Special Judge
Originating Judge:Hon. William B. Cain |
Wayne County | Workers Compensation Panel | 11/13/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Morgan County | Court of Appeals | 11/13/97 | |
| State vs. Clifton Epps
02C01-9601-CR-00022
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Shelby County | Court of Criminal Appeals | 11/13/97 | |
| State vs. Nassel Brown
02C01-9606-CR-00187
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 11/13/97 | |
| State vs. David Hassell
02C01-9611-CR-00396
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 11/13/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 11/13/97 | ||
| Stat e vs. Michael Moore
02C01-9705-CR-00180
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 11/13/97 | |
| State vs. Michael Walton
01C01-9509-CR-00290
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 11/12/97 | |
| Terry Phelps vs. State
01C01-9610-CC-00451
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 11/12/97 | |
| Jewell Maness vs. Estate of Acie Maness
02A01-9611-CH-00270
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 11/12/97 | |
| Shirley Shelburne v. Frontier Health
E2000-02551-SC-R11-CV
Plaintiff, both individually and as next friend of her minor son, brought suit against Carter County, Frontier Health, and Woodridge Hospital for the wrongful death of her husband. The trial court granted summary judgment to Frontier and Woodridge. The Court of Appeals affirmed, holding that Frontier and Woodridge could not be held vicariously liable for the acts or omissions of their employee because he was entitled to immunity as a state employee. We granted review to determine whether summary judgment was properly granted in light of our decision in Johnson v. LeBonheur Children's Medical Center, 74 S.W.3d 338 (Tenn. 2002). We hold that Johnson governs the present case and that Frontier and Woodridge are not immune from liability for the acts or omissions of their immune employee. Accordingly, summary judgment was not appropriate.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Supreme Court | 11/12/97 | |
| Raymond Morris vs. Voil Morris
02A01-9610-CH-00236
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 11/12/97 | |
| Lasalle Dudley vs. Raye Dudley
02A01-9705-CH-00104
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Shelby County | Court of Appeals | 11/12/97 | |
| Margaret Williamson v. Clarksville Memorial Hospital
01S01-9703-CV-00066
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. The trial judge found that the plaintiff had a 1 percent anatomical impairment which, extrapolated by the multiplier of 2.5, resulted in a permanent partial disability of 25 percent and awarded benefits accordingly. The employer appeals, insisting that there is no basis for a finding of an anatomical impairment of 1 percent.1 The thrust of the Hospital's argument is directed to the alleged discrediting of Dr. Fishbein's testimony by the Chancellor.2 It is conceded that the plaintiff, a nurse, sustained a neck and shoulder injury on July 8, 1993 while lifting a patient at the defendant Hospital. She was initially seen by Dr. Douglas Porter, an orthopedist of Clarksville, who referred her to Dr. G. B. Lanford, a neurosurgeon, whom we assume practices in Nashville.3 Dr. Lanford testified that the plaintiff had some disc bulging and spondylosis, but no nerve root compression and no operative problems. Because of continuing arm and back pain Dr. Lanford assessed her anatomical impairment at 5 percent. Dr. Richard E. Fishbein, orthopedist, practicing in Antioch, testified that at the request of plaintiff's counsel he examined the plaintiff on July 7, 1994. Before that time he had been furnished with copies of Dr. Porter's and Dr. Lanford's evaluations, and had reviewed the x-ray and myelogram reports. He referred to Dr. Porter's report that the plaintiff had suffered an acute herniation of a disc; he found exquisite tenderness over the para cervical muscles, weakness of grip strength, "and basically I noted that she had a herniated disc as noted, and that her history and physical findings were consistent with it." Dr. Fishbein opined that she had a 1 The record consists only of the depositions of Dr. Lanford and Dr. Fishbein, and the memorandum of the Chancellor. 2 As observed by a different Panel on another occasion, the plaintiff, in this Montgomery County case, travelled a long distance in employing Dr. Fishbein, overlooking many dozens of orthopedic specialists in the process. 3 Neither his deposition nor his CV reveal this information.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. James E. Walton, |
Williamson County | Workers Compensation Panel | 11/10/97 |