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| Gregory Eidson vs. State
M2004-02528-CCA-R3-HC
The Petitioner, Gregory Eidson, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 07/14/97 | |
| Mcmahan v. City of Newport
03S01-9607-CV-00080
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 sustained a ten percent permanent partial disability as a result of a work-related accident, although he did not have any additional assigned medical impairment. Plaintiff appeals, challenging the trial court's findings that plaintiff was not assigned an additional medical impairment rating and that plaintiff had a ten percent permanent partial disability. He also argues that the trial court should have reconsidered plaintiff's permanent partial disability award from his first injury. We affirm the trial court's judgment. Plaintiff, 45, has an eighth-grade education. He served with the Marines in Vietnam, has worked as a welder and has worked in maintenance. In 1983, he began working for the city of Newport, performing mostly maintenance tasks. He injured his back on October 8, 1992, for which surgery was performed; he returned to work after this surgery. He was awarded 4% permanent partial disability benefits for this injury. The trial court in that case found that plaintiff had a 15% medical impairment rating based on the testimony of Dr. Alan Whiton, plaintiff's treating orthopedic surgeon, that plaintiff's impairment could be as high as 15%. Plaintiff re-injured his back on July 12, 1994, when a power saw jerked while he was trimming trees. A surgical fusion was performed on plaintiff in October 1994. He did not return to work, although he was offered a position which would involve supervising prison inmates who were picking up litter. His supervisor, Tim Dockery, testified that this position was still available for plaintiff, although he admitted it had not yet been funded by the city council. Plaintiff testified that he experiences continuous pain in his back and down his right leg and that he does not believe that he can work. He also testified that Mr. Dockery told him he would be moved back into full duty after a few months; however, Mr. Dockery testified that he did not say this and that the position was intended to be permanent. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. William R. Holt, Jr., |
Knox County | Workers Compensation Panel | 07/14/97 | |
| Pemberton v. Campbell
03S01-9604-CH-00044
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 plaintiff was awarded lifetime benefits based on a finding of total, permanent vocational disability, with the employer and Second Injury Fund ordered de novo concurrent, pro rata payments for permanent disability until the plaintiff reaches age 65. Because we find that the preponderance of the evidence does not support a finding of total and permanent disability, but supports a finding of 75% permanent partial disability to her whole body, the judgment is modified to award the plaintiff weekly benefits for 3 weeks. Our review is de novo on the record, accompanied by the presumption that the trial court's findings of fact are correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). Seiber v. Greenbrier Ind., 96 S.W.2d 444, 446 (Tenn. 1995). The plaintiff injured her neck and shoulders on September 15, 1992, rupturing a cervical disc. Dr. Bernhard Kliefoth performed surgery and released the plaintiff to return to work with no restrictions on October 7, 1992. She was employed as a teacher's aide and suffered the injury while lifting a child. She was then 37 years old. On April 1, 1991, she had injured her neck but had not pursued a claim; in this connection, the orthopedic surgeon, Dr. William Kennedy, testified that about one- half of the plaintiff's impairment was attributable to the former injury. Because of ongoing shoulder pain, the plaintiff saw Dr. David Hauge, who performed surgery on July 7, 1994 for suprascapular nerve entrapment and testified that the plaintiff had a 9% impairment for the cervical injury and a 15% impairment for the nerve entrapment, for a total of 17% impairment to her whole body. Dr. Kennedy evaluated the plaintiff on May 5, 1993 and testified that she had a 2% impairment due to neck problems. As noted, he attributed one-half of the impairment to the 1991 injury. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 07/14/97 | |
| Marvin & Ellyse McCarley vs. West Food Quality Service
02S01-9610-CV-00085
|
Supreme Court | 07/14/97 | ||
| King v. State
03C01-9601-CR-00024
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Knox County | Court of Criminal Appeals | 07/14/97 | |
| Marvin & Ellyse McCarley vs. West Food Quality Service
02S01-9610-CV-00085
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Supreme Court | 07/14/97 | ||
| Atwell v. Colonial
03S01-9609-CV-00090
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, S. Scott Atwell, has appealed from the trial court's action in modifying a portion of a judgment which provided for a structured settlement of a workers' compensation claim. Originally the parties to this action entered a judgment on September 17, 1993, finding plaintiff to be totally (1%) disabled and providing the award would be payable as follows: a. Lump sum payment of $55,235. upon the entry of judgment. b. Payment of $588. every two weeks for a one year period. c. Lump sum payment of $14,34. on August 3, 1994. d. Lump sum payment of $14,34. on February 28, 1995. e. Lump sum payment of $15,37. on February 28, 1996. Upon learning plaintiff was engaged in certain work activities, the defendant, Colonial Freight Systems, Inc., filed a motion on March 8, 1995, to modify the last two annual payments upon the ground the evidence indicated the employee was not totally disabled. This motion was filed pursuant to the provisions of T. C. A. _ 5-6- 231 and Rule 6, T. R. Civ. P. After conducting a hearing, the trial court found there had been a "change of circumstances" and entered an order relieving the employer of the responsibility of paying the last two annual payments. The order did not state whether relief was granted pursuant to the statute or Rule 6 or both. This ruling was based upon evidence the employee had been working at a construction site in South Carolina over a certain period of time. Evidence of this nature was produced at the hearing by a private investigator who had observed the employee and a video made at the construction site. On appeal the employee argues the payments which the court abated were classified as lump sum payments and were not subject to modification under the statutory language and further that the evidence did not justify relief under Rule 6. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Harold W Imberly, |
Knox County | Workers Compensation Panel | 07/14/97 | |
| Henry B. Waggoner vs. David Mills Warden
01C01-9604-CC-00142
Originating Judge:Donald P. Harris |
Hickman County | Court of Criminal Appeals | 07/11/97 | |
| Douglas Trammell vs. State
01C01-9602-CC-00083
Originating Judge:James E. Walton |
Montgomery County | Court of Criminal Appeals | 07/11/97 | |
| State vs. Gray
M1998-00256-COA-R3-CV
The sole remaining question in this appeal is whether in October of 1998 the General Sessions Court of Davidson County had jurisdiction over a contempt warrant issued for violating the Davidson County Circuit Court's order of protection. We affirm the General Sessions Court's exercise of jurisdiction.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Gale B. Robinson |
Davidson County | Court of Appeals | 07/11/97 | |
| Jimmy Lee Heard vs. State
01C01-9704-CR-00120
|
Davidson County | Court of Criminal Appeals | 07/11/97 | |
| State vs. Lutcher O. Miles & Amber Dawn Miles
01C01-9604-CC-00169
|
Cheatham County | Court of Criminal Appeals | 07/11/97 | |
| State vs. Terry Wayne Farrar
01C01-9605-CC-00198
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Bedford County | Court of Criminal Appeals | 07/11/97 | |
| Taft Douglas vs. State
01C01-9605-CR-00182
|
Davidson County | Court of Criminal Appeals | 07/11/97 | |
| Thomas E. Montooth vs. State
01C01-9604-CC-00126
Originating Judge:Charles D. Haston, Sr. |
White County | Court of Criminal Appeals | 07/11/97 | |
| State vs. John P. Pelfrey
01C01-9606-CR-00251
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 07/11/97 | |
| State vs. Randall Lunsford
01C01-9603-CC-00098
|
Wilson County | Court of Criminal Appeals | 07/11/97 | |
| State vs. John Earnest
02C01-9604-CR-00114
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 07/10/97 | |
| State vs, Albert Lewis
02C01-9512-CR-00394
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/10/97 | |
| State vs. Ricky Tucker
02C01-9606-CR-00196
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 07/10/97 | |
| State vs. Milton Spears, Jr.
02C01-9606-CR-00197
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Shelby County | Court of Criminal Appeals | 07/10/97 | |
| State of Tennessee vs. Clinton Darrell Turner
03C01-9604-CC-00151
The Defendant, Clinton Darrell Turner, appeals as of right his conviction and sentence for DUI. Following a jury trial, the Defendant was convicted of driving a motor vehicle while under the influence of an intoxicant and driving on a revoked license in the Cocke County Circuit Court. The trial court sentenced the Defendant to eleven (11) months and twenty-nine (29) days on the charge of driving while under the influence and six months for the charge of driving on a revoked license. The sentences were ordered to be served concurrently. The trial court suspended the entire sentence for the conviction of driving on a revoked license. On the DUI, the Defendant was ordered to serve seven days in jail with the balance to be served on probation. In addition to challenging the sufficiency of the evidence, Defendant also argues the trial court erred by allowing an officer to testify as to field sobriety tests when the officer was not trained to administer those tests. The last issue the Defendant raises is that the trial court erred by sentencing him to serve seven days rather than the two (2) day minimum provided by law. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Ben W. Hooper, II |
Court of Criminal Appeals | 07/09/97 | ||
| Shirley Jean McCracken and Alan McCracken, et. al., v. Brentwood United Methodist Church
01A01-9511-CV-00531
This appeal involves a woman who broke both ankles in a fall at church. The woman and her husband filed suit in the Circuit Court for Williamson County against the church and others. The trial court granted the church’s motion for summary judgment based on the statute of limitations and the joint enterprise rule.The woman and her husband perfected this appeal after obtaining post-judgment relief from an inappropriate interlocutory appeal. We have determined that the trial court properly granted the post-judgment relief but erred in summarily dismissing the complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Cornelia A. Clark |
Williamson County | Court of Appeals | 07/09/97 | |
| Mid-State Trust, IV v. Randall W. Swift
01A01-9703-CV-00145
This is an appeal by defendant/appellant, Randall W. Swift, from the decision of the Cheatham County Circuit Court dismissing his appeal from the general sessions court. The facts out of which this matter arose are as follows
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Leonard W. Martin |
Cheatham County | Court of Appeals | 07/09/97 | |
| In re: Estate of Ora Sloan Blankenship, Deceased, Katherine Sloan Braden and Steve Sloan, v. Billie Ann Gann
01A01-9607-CV-00290
This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1 In this case, the decedent, Ora Sloan Blankenship (“Blankenship”), 84 years old, died on June 24, 1994. Subsequently, a petition was filed to probate Blankenship’s alleged holographic will. The purported holographic will named one of Blankenship’s sisters, Kathryn Braden (“Braden”) and Blankenship’s nephew, Steve Sloan (“Sloan”) as co-representatives of the estate.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge William Harbison |
Davidson County | Court of Appeals | 07/09/97 |