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| Anthony Lee Eden, v. CherylAnn Eden
01A01-9609-CV-00427
The Court, with the concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion, it shall be designated "MEMORANDUM OPINION," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 03/05/97 | |
| Frank McNeil, MD. and Janet McNeil, M.D. v. TN. Board of Medical Examiners - Concurring
01A01-9608-CH-00383
The captioned petitioners sought judicial review and reversal of the administrative order of the respondent Board subjecting them to discipline for professional misconduct. From a judgment affirming the administrative order, the petitioners have appealed, presenting the issue for review in the following terms: The Petitioner-Appellants, Frank McNiel, M.D. and Janet McNiel, M.D., respectfully submit that the issue presented for review in this case is whether or not the Tennessee Board of Medical Examiners’ decision to discipline their license to practice medicine in Tennessee should be reversed pursuant to T.C.A. §4-5-322(h) of the Tennessee Uniform Administrative Procedures Act, in that the decision was not supported by substantial and material evidence and was otherwise arbitrary and capricious.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/05/97 | |
| Wilbur E. Cagle v. Mike Underwood Builders Inc. and Mike Underwood
03S01-9605-CV-00057
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. In this appeal, the employer, Underwood, contends the evidence preponderates against the trial court's findings that (1) the employee's injury was one arising out of and in the course of employment, (2) the employer had actual notice of the injury, and (3) the employee retains a forty percent permanent partial disability to the right leg from a torn meniscus. The panel has concluded the judgment should be affirmed. The employee or claimant, Cagle, is forty-eight years old and has a ninth grade education. He has worked primarily in construction and as a machine operator in a factory. His duties with Underwood include performing repairs on new houses during the first year after they are sold, but not home maintenance. His normal working hours are from 8:3 a.m. until 4:3 p.m., but he often works later. He is paid a salary rather than wages. On September 29, 1993, Underwood left the work site at 4: p.m., instructing the claimant to "lock up" when he left. The claimant went to one of the houses to check mortar joints and, as he was about to leave, Suzanne Chandler, who had purchased one of the employer's houses in April of the same year, asked to borrow some WD-4. Although it was after normal hours, the claimant offered to spray Ms. Chandler's squeaky door. While doing so, Cagle slipped and fell, injuring his knee. He had to call his wife to come and drive him home. Two months earlier, the claimant had slipped and slightly injured his knee while performing a repair at the Chandler home, but the injury was so slight that he did not lose time or require medical attention. He did not report that occurrence. The record is clear that the employer had actual knowledge of the accident which is the basis of this workers' compensation claim. The treating physician, an orthopedic surgeon, diagnosed a complex bucket handle tear of the lateral meniscus and probable exacerbation of pre-existing arthritic disease, caused by the occurrence of September 29th. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dale Workman, |
Knox County | Workers Compensation Panel | 03/04/97 | |
| Cynthia J. Bowers Logue v. Leaf, Inc. and Aetna Life and Casualty Insurance Company Brown, Jr.
02S01-9603-CH-00030
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 of findings of fact and conclusions of law.
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. George H. |
Shelby County | Workers Compensation Panel | 03/04/97 | |
| Gwendolyn Chesney v. Knoxville Glove Co. and Cigna Insurance Co.,
03S01-9602-CV-00014
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. In this appeal, the employee contends the evidence preponderates against the trial court's award of permanent partial disability benefits based on twenty-five percent to the body as a whole and in favor of a higher award. As discussed below, the panel has concluded the award should be modified to provide for benefits based on fifty percent to the body as a whole. The employee or claimant, Chesney, is fifty-six years old and has a tenth grade education, with no skills. After working for Knoxville Glove Company for nearly twenty-seven years sewing, piecing, patching and hemming gloves, she developed disabling pain in her neck and right arm. She was referred to an orthopedist, Dr. Burns, who diagnosed cervical strain and radiculopathy caused or aggravated by work and superimposed on pre-existing cervical disc disease. He also ordered nerve testing which revealed right carpal tunnel syndrome. Carpal tunnel surgery was performed but failed to relieve her symptoms. Disc surgery was performed on her neck. The doctor assigned a permanent impairment rating of ten percent to the whole body from the cervical injury and an additional ten percent to the upper extremity from the carpal tunnel syndrome. The claimant is permanently restricted from any work requiring repetitive use of the hands and arms or heavy lifting. A vocational expert estimated her vocational disability at eighty to ninety percent. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Wheeler Rosenbalm, |
Knox County | Workers Compensation Panel | 03/04/97 | |
| State of Tenness vs. Rick J. Goultrie
03C01-9512-CC-00406
After a jury trial, the defendant, Rick Goultrie, was convicted of possession of marijuana and public intoxication. The trial court imposed consecutive sentences of eleven months twenty-nine days for the possession conviction and thirty days for the public intoxication conviction. The defendant was
Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 03/04/97 | |
| Danny E. Wilson v. Calvin Burgess Lumber Company
03S01-9604-CH-00041
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. In this appeal, the employee, Wilson, contends the evidence preponderates against the trial court's finding that his injury did not arise out of the employment. This panel affirms the trial court. The employee or claimant worked for the employer, Burgess, as a log skidder operator. On May 29, 1994, at approximately 12:3 p.m., the claimant lost consciousness and became incontinent. When he regained consciousness, he told his employer he was ill and needed to go home. In his complaint, he claims his condition was caused by a faulty exhaust system on the skidder he was operating. It is undisputed the exhaust system on the skidder he had been operating was faulty. The defective part has since been replaced. The skidder did not have a closed compartment for the operator. Although a toxicologist diagnosed brain damage caused by carbon monoxide poisoning, tests on the skidder produced carbon monoxide readings below the OSHA limit of no more than fifty parts per million for an eight hour exposure. A sample taken at two feet from the end of the exhaust pipe showed thirty parts per million and one taken sitting in the operator's seat, with a slit in the piece of flexible pipe that had a hole in it, showed two parts per million. Moreover, another medical expert opined those levels were insufficient to cause brain damage to an operator in an open seat. Dr. Myron L. Mills, an occupational medicine specialist, further opined the claimant's injury was the result of a non-work-related seizure. The trial judge dismissed the claim for insufficient proof of causation. 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). An accidental injury arises out of one's employment when there is 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Vernon Neal, |
Knox County | Workers Compensation Panel | 03/04/97 | |
| Klindt vs. Klindt
01A01-9606-CH-00250
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 02/28/97 | |
| 01C01-9603-CC-00089
01C01-9603-CC-00089
|
Maury County | Court of Criminal Appeals | 02/28/97 | |
| 01C01-9504-CR-
01C01-9504-CR-
Originating Judge:L. Terry Lafferty |
Davidson County | Court of Criminal Appeals | 02/28/97 | |
| State vs. Quinn Hamilton
M2001-02748-CCA-R3-CD
A jury convicted the Defendant, Quinn L. Hamilton, of aggravated robbery, a Class B felony, and evading arrest, a Class D felony. The trial court sentenced the Defendant as a Range II multiple offender to consecutive terms of nineteen years and seven years, respectively, for an effective sentence of twenty-six years, to be served in the Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in declaring the victim witness unavailable and allowing his prior testimony to be admitted at trial as substantive evidence. We affirm the trial court's judgment.
Authoring Judge: Judge David H. Welles
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 02/28/97 | |
| 01C01-9603-CC-00091
01C01-9603-CC-00091
|
Dickson County | Court of Criminal Appeals | 02/28/97 | |
| Smith vs. Duncan
01A01-9602-CV-00077
Originating Judge:Conrad E. Troutman, Jr. |
Fentress County | Court of Appeals | 02/28/97 | |
| Davis vs. Rose
01A01-9610-CH-00494
Originating Judge:Jim T. Hamilton |
Davidson County | Court of Appeals | 02/28/97 | |
| State, DHS Assignee of: Stanley vs. Hooper
01A01-9605-CV-00231
Originating Judge:Robert E. Burch |
Dickson County | Court of Appeals | 02/28/97 | |
| 01C01-9511-CR-00391
01C01-9511-CR-00391
|
Davidson County | Court of Criminal Appeals | 02/28/97 | |
| The Tennessean vs. Electric Power Bd. of Nashville
01A01-9606-CH-00255
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/28/97 | |
| Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/28/97 | |
| Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/28/97 | |
| 01C01-9604-CR-00148
01C01-9604-CR-00148
|
Davidson County | Court of Criminal Appeals | 02/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 02/28/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Marion County | Court of Appeals | 02/28/97 | |
| 01C01-9508-CC-00274
01C01-9508-CC-00274
Originating Judge:Allen W. Wallace |
Dickson County | Court of Criminal Appeals | 02/28/97 | |
| J. Harold Shankle Co. vs. Bedford Co. Bd.
01A01-9609-CH-00387
Originating Judge:Lee Russell |
Bedford County | Court of Appeals | 02/28/97 | |
| 01C01-9510-CR-00348
01C01-9510-CR-00348
|
Davidson County | Court of Criminal Appeals | 02/28/97 |