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| 01S01-9511-CH-00211
01S01-9511-CH-00211
|
Supreme Court | 12/23/96 | ||
| 03C01-9602-CR-00063
03C01-9602-CR-00063
Originating Judge:William M. Dender |
Court of Criminal Appeals | 12/23/96 | ||
| 02S01-9604-CV-00044
02S01-9604-CV-00044
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Shelby County | Supreme Court | 12/23/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Blount County | Court of Appeals | 12/23/96 | |
| 03A01-9609-CV-00290
03A01-9609-CV-00290
|
Knox County | Court of Appeals | 12/23/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 12/23/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 12/23/96 | ||
| 01C01-9506-CC-00203
01C01-9506-CC-00203
Originating Judge:J. O. Bond |
Jackson County | Court of Criminal Appeals | 12/23/96 | |
| Pat Simpson, v. Golden Service Realty, and Auction, Inc., and PHH Home Equity Corporation
02A01-9509-CH-00203
This case involves the alleged breach of a contract for the sale of real estate. The trial court found that the seller breached the contract by selling the real estate to a third party. Damages were assessed based on an expert’s appraisal rather than the sale price to the third party. We affirm the finding of a breach and reverse on the measure of damages.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor William Michael Maloan |
Obion County | Court of Appeals | 12/23/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 12/23/96 | ||
| 02S01-9605-CH-00049
02S01-9605-CH-00049
|
Supreme Court | 12/23/96 | ||
| Amy v. Hollars
03A01-9609-CH-00307
|
Knox County | Court of Appeals | 12/23/96 | |
| 03A01-9607-CV-00232
03A01-9607-CV-00232
|
Monroe County | Court of Appeals | 12/23/96 | |
| 03S01-9507-CH-00077
03S01-9507-CH-00077
|
Union County | Supreme Court | 12/23/96 | |
| 03A01-9607-CV-00237
03A01-9607-CV-00237
|
Hamilton County | Court of Appeals | 12/23/96 | |
| 01A01-9605-CH-00205
01A01-9605-CH-00205
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 12/20/96 | |
| 01A01-9601-CV-00006
01A01-9601-CV-00006
Originating Judge:Samuel L. Lewis |
Court of Appeals | 12/20/96 | ||
| 01A01-9607-CH-00332
01A01-9607-CH-00332
|
Court of Appeals | 12/20/96 | ||
| 01A01-9607-CH-00332
01A01-9607-CH-00332
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/20/96 | |
| 01A01-9605-CH-00209
01A01-9605-CH-00209
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 12/20/96 | |
| 01A01-9607-CH-00332
01A01-9607-CH-00332
|
Court of Appeals | 12/20/96 | ||
| City of Adamsville v. Brian K. Cass
02A01-9606-CV-00141
Appellant Brian K. Cass (“Cass”) appeals his conviction for violation of several city ordinances. We affirm. Originating Judge:Judge Joe H. Walker |
McNairy County | Court of Appeals | 12/20/96 | |
| 01A01-9605-CV-00239
01A01-9605-CV-00239
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 12/20/96 | |
| Wesley Eddins, Sr. v. North American Rayon Corporation
03S01-9602-CH-00016
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, North American Rayon Corporation, has appealed from the trial court's award of permanent disability benefits to plaintiff, Wesley Eddins, Sr. The Chancellor fixed the award at 45% to the body as a whole. Two issues are presented on appeal. First, the employer contends the trial court was in error in allowing temporary total disability benefits. Second, it is argued plaintiff did not incur any permanent disability as a result of the alleged work-related injury. Plaintiff is 29 years of age and is a high school graduate. He has been going to college for about two years attempting to rehabilitate himself for other types of employment. His college work would classify him as a sophomore. On about October 11, 1991, he was injured while at his work station when the floor gave away causing him to fall some distance below. He said the fall injured his back and he had immediate pain up and down his spinal cord and pain in his neck and legs. He continued to work for about two weeks until his condition became worse; at one point, he testified, he could not move his legs; the company doctor took him off work duties on about November 8, 1991, and he had not returned to work as of the date of the trial on September 25, 1995; his chief complaint has been massive muscle spasms; he told the court his condition did not improve much until August-September 1994. The record indicates he has seen many doctors, some have testified extensively in this proceeding and others appear in the record by medical reports, letters, etc., identified as collective exhibit #1. The review of the case is de novo accompanied by a presumption of the correctness of the findings of fact unless we find the preponderance is otherwise. T.C.A. _ 5-6-225(e)(2). 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. J. Richard Johnson, |
Washington County | Workers Compensation Panel | 12/19/96 | |
| Richard Caldwell v. Activated Metals & Chemicals, Inc., et al.
03S01-9602-CV-00015
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 court awarded plaintiff 35% permanent partial disability to the body as a whole. Defendant challenges the trial court's finding that plaintiff's impairment arose out of a work-related injury and the trial court's consideration of the testimony of the plaintiff's expert witness. Plaintiff, 43, finished the eleventh grade. He has a varied work experience, having worked in restaurants, construction, as a stockboy, a janitor/security guard and as a salesperson of draperies and linens. He testified that he suffered an injury in the nature of an occupational disease from inhaling aluminum oxide dust and the dust of a nickel aluminum alloy at his workplace, resulting in his having to stop working and seeking medical care on July 28, 1993. He began working for defendant in January 1993. Plaintiff was referred to Barry Frame, M.D., a specialist in thoracic and cardiovascular surgery, who testified in this case by deposition. He diagnosed pneumonia with complicating empyema (or lung abscess). Apparently, plaintiff suffered a pneumothorax, or puncturing of the lung. Dr. Frame opined that this pneumothorax was the result of infection, a pneumonia resulting from the aspiration of some anaerobic organism. No organism was cultured. When asked if plaintiff told him that his condition started as a result of exposure to a metal compound at work, Dr. Frame testified that he was aware that there was some consideration of an occupational factor, but that plaintiff should be referred to a pulmonologist to evaluate that; he had been concerned with dealing with the pneumonia and its complications. Chaim Cohen, M.D., a specialist in occupational medicine, examined the plaintiff at the request of his attorney. He examined plaintiff, reviewed material safety data sheets for compounds to which plaintiff had been exposed, reviewed 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Ben W. Hooper, Ii, |
Knox County | Workers Compensation Panel | 12/19/96 |