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First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childers 03A01-9704-CH-00134 This appeal is from a summary judgment granted to plaintiff against defendants by the Trial Judge. Essentially, defendants insist that the record contains evidence of misrepresentations of the value of the property by plaintiff’s agents, which was 1Triggs’ and Childers’ earlier affidavits apparently claim that Stooksbury showed them both Smith appraisals. Their later affidavits, however, refer only to the second Smith appraisal. 2 purchased by defendants, and that these representations are actionable under their counter-claims. Authoring Judge: Judge Herschel Pickens Franks Originating Judge:Chancellor Sharon Bell	Knox County	Court of Appeals	11/03/97
Cody Glasner, a minor, by next friend and parents, Deryl and Polly Glasner, and Deryl and Polly Glasner individually, v. John Howick, M.D., Humana of Tennessee Inc., John A Shull, M.D., Jane L. Rohrer, M.D. and William D. Crawley, M.D. 03A01-9612-CV-00401 This is a medical malpractice action brought by Deryl and Polly Glasner individually and as parents and next friend of Cody Glasner, who was born October 6, 1991.1 As winnowed by pleadings, the surviving claim is on behalf of Cody, who was born brain dead. The parents of Cody conceded that their individual claims were time-barred. This condition is known as a prolapsed cord. His resuscitation is alleged to have been contrary to the prevailing standard of care in this jurisdiction, since he had no reasonable prospect for a qualitative life. Authoring Judge: Senior Judge William H. Inman Originating Judge:Judge Robert M. Summitt	Hamilton County	Court of Appeals	11/03/97
State of Tennessee v. Roger Dale Hill, Sr. 01S01-9701-CC-00005 We accepted the State’s application for review in this cause in order to determine the validity of an indictment which charged aggravated rape.1 The Court of Criminal Appeals held the indictment void and the subsequent conviction invalid because the language of the indictment failed to allege a culpable mental state. Authoring Judge: Justice Adolpho A. Birch, Jr. Originating Judge:Judge James L. Weatherford	Wayne County	Supreme Court	11/03/97
Kenneth F. Taggart and wife, Toni Corwin, v. Bart Richards and Blue Cross Blue Shield of Tennessee 03A01-9707-CV-00262 This is an action for damages for personal injuries allegedly occurring on April 9, 1993 in the early evening, when the vehicle operated by the plaintiff was struck by a vehicle operated by the defendant. Upon trial, a jury returned a verdict for the plaintiff establishing damages at $8,445.00 and further determined that defendant was 51% at fault for the accident. The Trial Judge approved the verdict and plaintiffs have appealed. Authoring Judge: Judge Herschel Pickens Franks Originating Judge:Judge Richard E. Ladd	Sullivan County	Court of Appeals	11/03/97
State of Tennessee v. Larry Wayne Stokes 01S01-9701-CC-00006 Larry Wayne Stokes, the appellant, was convicted in the Circuit Court of Williamson County of rape of a child, in violation of Tenn. Code Ann. § 39-13-522 (Supp. 1995). He currently serves a fifteen-year sentence in the Department of Correction. Authoring Judge: Justice Adolpho A. Birch, Jr. Originating Judge:Judge Henry Denmark Bell	Williamson County	Supreme Court	11/03/97
Volunteer Beer, Inc. vs. Johnson, Jr. 01A01-9703-CH-00126 Originating Judge:Robert S. Brandt	Davidson County	Court of Appeals	10/31/97
Shofner vs. Red Food Stores (TN) 01A01-9609-CV-00437 Originating Judge:Lee Russell	Bedford County	Court of Appeals	10/31/97
State Dept. of Children Svcs vs. Manier 01A01-9703-JV-00116 Originating Judge:John B. Melton	Cannon County	Court of Appeals	10/31/97
Miller vs. State 03C01-9608-CC-00323 Originating Judge:James B. Scott, Jr.	Anderson County	Court of Criminal Appeals	10/31/97
Fortunes vs. Watson 03A01-9705-CV-00164 Originating Judge:James B. Scott, Jr.	Anderson County	Court of Appeals	10/31/97
Roxie Moorehead v. Lincoln & Donalson Care Center 01S01-9703-CV-00049 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 issue is this case is whether the replacement of the plaintiff's right knee was causally related to a compensable accident within the purview of applicable law. The trial judge found the issue in favor of the plaintiff and awarded benefits based upon a determination that she had an 85 percent permanent partial disability to her right leg. The employer appeals, insisting that the judgment is contrary to the preponderance of the evidence. Our 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. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). The plaintiff is a 62 year old woman of limited education and skills. She was employed as a nursing technician1 at the Care Center where she began work in 1991. On April 17, 1994, a patient whom she was attending kicked her right knee, which caused momentary pain. She continued to work for three weeks during which time her knee became stiff and painful. She was seen by Dr. Michael Siaw, an orthopedic specialist who recommended conservative treatment. She did not respond, and Dr. Siaw scheduled her for a MRI which revealed an oblique tear of the lateral meniscus. Dr. Siaw believed this injury was consonant with the history the plaintiff gave him of having been kicked on the knee by a patient at the nursing home. Eventually, it became necessary to correct the tear arthroscopically. This procedure was performed on July 5, 1994, and successfully so, although pre- existing osteoarthritis continued to cause the plaintiff considerable pain. The plaintiff returned to work, and the arthritic condition worsened, according to her. Dr. Siaw saw her on June 21, 1996 and discovered that she had a total knee replacement 1 Being a nursing technician involves lifting, bathing, feeding, and dressing patients. 2 Authoring Judge: William H. Inman, Senior Judge Originating Judge:Hon. Lee Russell,	Moore County	Workers Compensation Panel	10/31/97
03C01-9612-CR-00453 03C01-9612-CR-00453	Johnson County	Court of Criminal Appeals	10/31/97
State vs. Ball 03C01-9512-CC-00387 Originating Judge:Rex Henry Ogle	Cocke County	Court of Criminal Appeals	10/31/97
Courtner vs. State 03C01-9701-CR-00005	Johnson County	Court of Criminal Appeals	10/31/97
Engenius Entertainment vs. W. W. Herenton, et al 02A01-9704-CH-00078 Originating Judge:D. J. Alissandratos	Shelby County	Court of Appeals	10/31/97
Dan Lomax vs. JMCGH 02A01-9706-CH-00116 Originating Judge:Joe C. Morris	Madison County	Court of Appeals	10/31/97
Gates vs. State 03C01-9510-CC-00313 Originating Judge:Mayo L. Mashburn	Bradley County	Court of Criminal Appeals	10/31/97
McBee/Dunlap vs. State 03C01-9509-CR-00276	Knox County	Court of Criminal Appeals	10/31/97
Christopher v. Sockwell 01S01-9703-CV-00047 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. At the trial, the only issue was the extent of the claimant's permanent partial disability. In this appeal, the employer's insurer, Argonaut, contends the trial judge (1) erred in accepting the opinion testimony of an examining physician over that of the treating physician and (2) erred in using a multiplier of 4.9 times the medical impairment to determine the claimant's permanent partial disability. As discussed below, the panel has found no reversible error but concluded the award of permanent partial disability benefits should be modified. The employee or claimant, Atkins, is forty-four years old with a college degree in social science work. He has worked as an instructor and hearing officer with the state of Tennessee, as a supervisor with the United States Department of Commerce, as a machine operator and as a forklift operator. On April 18, 1994, Atkins stepped off a forklift and fell, injuring his back and bruising his right side from his shoulder to his foot. He was referred to Dr. David McCord, who performed disc surgery at L4-5 on May 23, 1994. When the claimant's condition did not improve, the doctor performed fusion surgery. At the time of the trial on August 31, 1996, the fusion had not healed and the claimant had not been released by Dr. McCord to return to work. The doctor assessed the claimant's permanent impairment at fifteen percent to the whole body. At the claimant's request, Dr. David W. Gaw conducted a physical examination of the claimant and assessed his permanent impairment at eighteen percent to the whole body. At the insurer's request, Dr. Michael James McNamara conducted a physical examination and assessed his permanent impairment at ten percent to the whole body. From the testimony of the claimant, which the trial judge found to be credible, and the other evidence, the trial judge found the opinion testimony of Dr. Gaw to be "the most convincing." He then multiplied the eighteen percent impairment by 4.9, after stating, "I agree with counsel that the multipliers 5 and 6 are out," and awarded permanent partial disability benefits based on 88.2% to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies. Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. James E. Walton,	Montgomery County	Workers Compensation Panel	10/31/97
Cook vs. Brookside 03A01-9706-CV-00212		Court of Appeals	10/31/97
State vs. Harris 03C01-9611-CR-00428	Anderson County	Court of Criminal Appeals	10/31/97
03C01-9405-CR-00161 03C01-9405-CR-00161 Originating Judge:R. Steven Bebb	McMinn County	Court of Criminal Appeals	10/31/97
Donald D'Amico vs. James Davenport, et al 02A01-9705-CH-00097 Originating Judge:Joe C. Morris		Court of Appeals	10/31/97
John Tigrett vs. Union Planters Bank 02A01-9703-CV-00057 Originating Judge:Robert L. Childers	Shelby County	Court of Appeals	10/31/97
State vs. Greene 03C01-9608-CC-00316	Blount County	Court of Criminal Appeals	10/31/97