| Tony A. Makoka v. State
01C01-9603-CC-00124
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Antonio Demonte Lyons
01C01-9508-CR-00263
|
Davidson County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Shannon Potter
02C01-9702-CR-00073
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/15/97 | |
| Amos Curtis Copeny vs. State
01C01-9606-CR-00240
|
Davidson County | Court of Criminal Appeals | 08/15/97 | |
| State vs. David Davenport
02C01-9612-CC-00444
Originating Judge:Whit A. Lafon |
Henderson County | Court of Criminal Appeals | 08/14/97 | |
| Hayes v. School
03S01-9609-CV-00093
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 employer, School Calendar Company, has perfected this appeal from a decision of the trial court to award the employee, Alma Joyce Hayes, 2% permanent partial disability benefits to each arm. The employer insists the employee's injury was not work-related and that the claim was not filed within the one year statute of limitations period. The employee contends the award is not adequate and should be increased. Alma Joyce Hayes began working for School Calendar Company in 1988 and was employed as a proofreader. She testified her duties required her to use her hands and wrists repetitively. She first began experiencing problems with her hands and arms during July, 1994, thinking her condition was due to arthritis. She continued working until about February 17, 1995, when she was laid-off due to a reduction in the company's workload. While on lay-off status, she decided to see a doctor about her condition. On about June 28, 1995, Dr. Hovis examined her and told her she had bilateral carpal tunnel syndrome and that he was of the opinion her condition was work-related. She immediately notified her employer and a company representative told her the company did not feel responsible for her condition since she no longer worked for them. This suit for workers' compensation benefits was filed on August 3, 1995. Dr. Hovis performed surgery on the right hand on August 4, 1995, and surgery on the left hand on August 11, 1995. The circuit judge was faced with conflicting evidence on the causation question. The only expert medical testimony was presented by deposition from two orthopedic surgeons, Dr. William M. Hovis and Dr. M.J. Gutch. Dr. Hovis originally was of the opinion her condition was the result of her work duties based upon the history given. He later changed his opinion when he was shown a videotape depicting the nature and type of work she usually performed. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. William L. Jenkins, |
Knox County | Workers Compensation Panel | 08/13/97 | |
| Tate vs. TN. Bd. of Paroles & Myers
01A01-9703-CV-00156
Originating Judge:Ben H. Cantrell |
Davidson County | Court of Appeals | 08/13/97 | |
| Jerry D. Carney v. David Mills, Warden
W2004-01563-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 08/13/97 | |
| Evans v. State
03C01-9601-CR-00018
Originating Judge:William M. Dender |
Court of Criminal Appeals | 08/13/97 | ||
| William Key vs. Julian Bolton, et al
02A01-9703-CR-00072
Originating Judge:Chris B. Craft |
Shelby County | Court of Appeals | 08/13/97 | |
| 01A01-9702-
01A01-9702-
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/13/97 | |
| Maytag v. Elliott
03S01-9611-CV-00112
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 employer, Maytag Cooking Products, has appealed from the action of the trial court in awarding the employee permanent partial disability benefits of 4% to her left arm. The only issue on appeal is whether the expert medical testimony is sufficient to support the award of permanent disability. Carolyn D. Elliott was 5 years of age at the time of the trial and was a high school graduate. She had been employed by Maytag Cooking Products and a prior company for about 25 years. For some period of time, she was on a production line using an air gun to put screws through switches on a panel. Although she had some problems several years earlier, her left elbow began hurting so much she had to seek medical treatment during June 1993. This gradual injury resulted in her seeing several doctors and eventually in her seeing Dr. Richard B. Donaldson, the only expert medical witness to testify. At the trial below, which was about three years later, she told the court she still had pain in her arm; swelling of the arm frequently occurred and she did not feel her condition had improved very much. She had returned to work and was earning an amount equal to or greater than her previous wage. Her employer had reassigned her to lighter duty work but she did not feel she was performing her work satisfactorily. She testified she still could not iron, mow the yard, use a hair dryer or lift anything with her left arm. She is left-handed. She expressed the opinion that she had about an 8% loss of use of her left arm. Dr. Richardson, an orthopedic surgeon, testified by deposition. He said he saw her in connection with her obtaining a second opinion as to her medical condition. He testified she had a lateral and medial epicondylitis of the left elbow and this was a condition commonly known as tendinitis or tennis elbow. He recommended surgery which he felt would improve her condition but this had not 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Earle G. Murphy,. |
Knox County | Workers Compensation Panel | 08/13/97 | |
| State vs. Ytockie Fuller
02C01-9607-CC-00215
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 08/13/97 | |
| Young vs. Young
01A01-9610-CH-00473
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 08/13/97 | |
| Kireyczyk, et. al. vs. MF Athletic Club
01A01-9612-CV-00549
|
Court of Appeals | 08/13/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Greene County | Court of Appeals | 08/12/97 | |
| Roulette v. Roulette
03A01-9701-GS-00010
|
Court of Appeals | 08/12/97 | ||
| 02A01-9607-CH-00173
02A01-9607-CH-00173
Originating Judge:William Michael Maloan |
Weakley County | Court of Appeals | 08/12/97 | |
| State v. Haynes
03C01-9608-CC-00321
|
Blount County | Court of Criminal Appeals | 08/12/97 | |
| Wilson v. State
03C01-9604-CC-00142
Originating Judge:William M. Dender |
Court of Criminal Appeals | 08/12/97 | ||
| State v. Carroll
03C01-9607-CC-00254
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 08/12/97 | |
| State vs. James Henry Davis
M1999-02467-CCA-R3-CD
The Defendant pleaded guilty to the offense of second degree murder. Sentencing was left to the discretion of the trial court. Following a sentencing hearing, the trial judge sentenced the Defendant to twenty-four years in the Department of Correction. On appeal, the Defendant challenges the length of his sentence. We modify the sentence to twenty-two years.
Originating Judge:Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 08/11/97 | |
| Ray Darris Thompson v. Stanley Dickerson, et al.
02A01-9702-CV-00034
Plaintiff, Ray Darris Thompson, appeals the order of the trial court dismissing his
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Karen R. Williams |
Shelby County | Court of Appeals | 08/10/97 | |
| Robert E. Evans, v. Amcash Mortgage Company, Inc.
01A01-9608-CV-00386
In this defamation action, Robert Evans (“Plaintiff”) filed suit against Amcash Mortgage Company, Inc. (“Defendant”) and Franklin American Life Insurance Company1 for an alleged defamatory statement made by Defendant’s attorney to one of Defendant’s employees. In granting the Defendant’s motion for partial summary judgment, the trial court dismissed Franklin American Corporation from the suit, dismissed Plaintiff’s claims against Defendant under a theory of “slander by action,” and held that a genuine issue of material fact existed as to whether the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege. Defendant appeals the judgment of the court below arguing that the trial court erred in denying Defendant’s motion for summary judgment regarding the statement made by Defendant’s attorney to one of Defendant’s employees concerningthe reason for Plaintiff’s employment termination because the statement is subject to a qualified privilege and is not defamatory in nature. For the reasons stated hereafter, we reverse the judgment of the trial court and hold that the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege and is not defamatory.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Thomas W. Brothers |
Court of Appeals | 08/10/97 | ||
| Brian David McCray, v. Irene Carol Klanseck McCray
01A01-9612-CH-00553
The husband sued for absolute divorce, claiming cruel and inhuman treatment and irreconcilable differences. The wife denied that her husband was entitled to a divorce, and she counterclaimed for a divorce from bed and board. After a hearing, the trial court dismissed the husband’s complaint and awarded the wife a divorce from bed and board and custody of the four minor children. The husband was ordered to pay alimony in futuro, child support and attorney fees.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Jim T. Hamilton |
Maury County | Court of Appeals | 08/10/97 |
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