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State vs. Danny Dorris 01C01-9606-CR-00242 Originating Judge:Jane W. Wheatcraft	Sumner County	Court of Criminal Appeals	05/21/97
Carol A. Hilliard v. Tn. State Home Health Services, et al. 01S01-9609-CH-00193 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. The employee contends, in this appeal, that there is a genuine issue of material fact concerning causation and that the summary judgment of dismissal should be reversed. As discussed below, the panel has concluded the case should be remanded for trial. In 1971 and 1972, the claimant underwent gallbladder surgery and a hysterectomy. In conjunction therewith, she was given two blood transfusions. Over the next several years, she carried on a normal life and exhibited no more than normal health problems. However, in 1988, the claimant visited a doctor complaining of extreme fatigue, a symptom of hepatitis C. In 1989, she visited a doctor who noted she had an enlarged liver, also a symptom of hepatitis C. By 1992, the claimant's fatigue had become worse and she experienced a series of colds and viruses. She was again diagnosed with an enlarged liver, and hepatitis C was diagnosed for the first time. She has seen several doctors, including Dr. Ellen B. Hunter, whose deposition was filed in support of the defendants' motion for summary judgment. Dr. Hunter testified that hepatitis C sufferers often remain asymptomatic for many years. The claimant testified that the signs of the disease began after she started working for the employer providing nursing care for medical patients. She said she never had any major health problems before that, a circumstance confirmed by her family doctor in his affidavit. Dr. Hunter testified the condition could have been caused by the above transfusions or by working with patients having hepatitis C. She confirmed that a health care worker such as the claimant "is at risk for acquiring hepatitis C." The trial court granted a summary judgment of dismissal. Appellate review is controlled by Tenn. R. Civ. P. 56. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). The pleadings and evidence must be viewed in the light most favorable to the opponent of the motion. Wyatt v. Winnebago Indus., Inc., 566 S.W.2d 276 (Tenn. Ct. App. 1977). Summary judgment is to be rendered only when it is shown that there is no genuine issue as to a material fact and that the moving party is entitled to a judgment as a matter of law. Tenn. R. Civ. P. 56. It is almost never an option in workers' compensation cases. Berry v. Consolidated Systems, Inc., 84 S.W.2d 445 (Tenn. 1991). In a summary judgment hearing, even where the parties have no right to a jury trial, the trial judge is not at liberty to weigh the evidence. 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Robert E. Burch,	Stewart County	Workers Compensation Panel	05/21/97
Hepp vs. Joe B's & Schultz 01A01-9604-CV-00183 Originating Judge:James E. Walton	Montgomery County	Court of Appeals	05/21/97
02C01-9602-CC-00047 02C01-9602-CC-00047 Originating Judge:Joe B. Jones	Dyer County	Court of Criminal Appeals	05/21/97
Yasuda Fire & Marine Insurance Co. v. Francine Kuntz 01S01-9609-CH-00187 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. This appeal presents us with an issue involving venue in a workers' compensation case. As discussed below, the panel concludes the judgment of the trial court, dismissing the case for improper venue, should be affirmed. The employer's insurer, Yasuda, commenced this action in Davidson County where, according to the complaint, its principal place of business is located. The employee moved, without supporting affidavits, to dismiss for improper venue. The trial court granted the motion without an evidential hearing.1 The relevant facts are undisputed. The employee is a resident of Robertson County; the corporate employer has its principal office in Sumner County, where the injury occurred; and the employer's insurer has its principal office in Davidson County. The trial judge dismissed the complaint for improper venue because, according to the employee's brief, the employee "may not have a different residence than (sic) the employer for the purpose of determining proper venue under the Workers' Compensation Law of Tennessee." Appellate review is de novo upon the record of the trial court. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). In a significant number of past cases, our Supreme Court held that a workers' compensation action was a transitory one and that venue was to be determined by considering both the provision of the Workers' Compensation Act with respect to venue and the general rules relating to transitory actions. Those cases were overturned by that court's opinion in Five Star Express, Inc. v Davis, 866 S.W.2d 944 (Tenn. 1993), wherein it said in conclusion, ".... we now hold that venue in workers' compensation actions is to be determined solely by the workers' compensation venue statute -- section 5-6-225(c)(1) -- and any other authority indicating otherwise is hereby expressly overruled." The section provides as follows: (c)(1) The party filing the petition may, at such party's option, instead of filing the same before the county judge or chair, file the same as an original petition in either the circuit, criminal or chancery 1 The employee has filed a separate action for benefits in Robertson County. 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Irvin H. Kilcrease, Jr.,	Davidson County	Workers Compensation Panel	05/21/97
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Hamilton County	Court of Appeals	05/21/97
State vs. Penelope Karnes 01C01-9606-CR-00249 Originating Judge:J. O. Bond	Wilson County	Court of Criminal Appeals	05/21/97
Stroud vs. Stroud 01A01-9607-CH-00291 Originating Judge:Jim T. Hamilton	Giles County	Court of Appeals	05/21/97
Rust vs. Rust 01A01-9608-CH-00361 Originating Judge:Robert E. Corlew, III	Rutherford County	Court of Appeals	05/21/97
Patterson vs. Amos, et. ux. 01A01-9609-CH-00410	Perry County	Court of Appeals	05/21/97
Marilyn Morgan vs. Velma McCrory 02A01-9604-CV-00072 Originating Judge:Robert A. Lanier	Shelby County	Court of Appeals	05/20/97
Deborah Tuggle vs. Shelby Co. Government, et al 02A01-9606-CV-00147 Originating Judge:George H. Brown	Shelby County	Court of Appeals	05/20/97
02C01-9509-CC-00259 02C01-9509-CC-00259	Lauderdale County	Court of Criminal Appeals	05/20/97
Tommye Johnson vs. Edward Johnson, Sr. 02A01-9609-Cv-00217 Originating Judge:George H. Brown	Shelby County	Court of Appeals	05/20/97
03C01-9311-CR-00363 03C01-9311-CR-00363 Originating Judge:Edgar P. Calhoun	Sullivan County	Court of Criminal Appeals	05/19/97
State vs. Henry Eugene Hodges 01S01-9505-CR-00080	Davidson County	Supreme Court	05/19/97
State vs. Maurice Garner 02C01-9508-CR-00223 Originating Judge:Arthur T. Bennett	Shelby County	Court of Criminal Appeals	05/19/97
State vs. Nail 03C01-9406-CR-00197 Originating Judge:Paul A. Swafford	Rhea County	Court of Criminal Appeals	05/19/97
State vs. Johnson 03C01-9606-CC-00214 Originating Judge:E. Eugene Eblen	Loudon County	Court of Criminal Appeals	05/19/97
State vs. Beeler 03C01-9607-CC-00264 Originating Judge:Frank L. Slaughter	Sullivan County	Court of Criminal Appeals	05/19/97
State vs. Lowery 03C01-9604-CC-00146 Originating Judge:William R. Holt	Jefferson County	Court of Criminal Appeals	05/19/97
State vs. Christopher Prentiss 02C01-9604-CR-00112 Originating Judge:Joseph B. Brown	Shelby County	Court of Criminal Appeals	05/19/97
Stein vs. Davidson Hotel Company 01S01-9610-CV-00202	Davidson County	Supreme Court	05/19/97
State vs. Teague 03C01-9601-CC-00027	Blount County	Court of Criminal Appeals	05/19/97
Kite vs. Kite 03S01-9610-CH-00099		Supreme Court	05/19/97