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| Brenda Bailey Loyd, v. Wendell Ray Loyd
02A01-9504-CH-00084
This case involves contempt proceedings brought against Wendell Ray Loyd (“Husband”) by Brenda Bailey Loyd (“Ex-Wife”) for failure to pay alimony. The trial court found that Husband did not have the present ability to pay and therefore could not be incarcerated for contempt. We reverse and remand for further proceedings.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 11/25/96 | |
| Rebecca Caldwell v. Kelly Services, Inc. and Continental Casualty Company
03S01-9603-CH-00022
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 employer contends the evidence preponderates against an award of permanent partial disability benefits. The panel concludes the award of permanent partial benefits should be reversed. On September 1, 1994, the employee or claimant, Caldwell, an employee of Kelly Services, was sent to work at Moore's Quality Snack Foods. While working there, she slipped and fell, landing on her hand and arm. After receiving emergency care at the emergency room of a hospital, she was referred to Dr. Michael Lady, who diagnosed tenosynovitis and prescribed a splint and rest from work until her bruising and swelling subsided. On October 19, 1994, the claimant, while visiting a relative in Louisiana, saw Dr. Steiner, and orthopedic surgeon. Dr. Steiner eventually released her to return to work without any restrictions or permanent impairment. She did. On December 2, 1994, she left work because her injured arm was hurting. The next day, she revisited Dr. Lady, who prescribed a wrist splint, medication and rest. The doctor continued to treat her conservatively. His testimony by deposition included the following relevant questions and answers: Q. Okay. Now, Dr. Lady, based upon the American Medical Association guidelines, do you have an opinion which is also based upon a reasonable degree of medical certainty as the 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Joe C. Loser, Jr., Judge |
Knox County | Workers Compensation Panel | 11/25/96 | |
| Anne H. Lawrence v. Itt Hartford Insurance Company
01S01-9511-CH-00199
Authoring Judge: William S. Russell, Special Judge
Originating Judge:Hon. Robert Brandt |
Lawrence County | Workers Compensation Panel | 11/25/96 | |
| Ernest O. Wood v. Aluminum Corporation of America
03S01-9601-CV-00007
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. Fairly stated, the issues in this appeal are whether the employee should have been awarded permanent partial disability benefits and additional temporary total disability benefits. The panel has concluded the judgment should be affirmed. The employee or claimant, Wood, is a high school graduate who has worked for the employer, ALCOA, since approximately 1971. On June 7, 1991, while at work, he fell from the top of a tray of carbons, landing on his right side and injuring his right elbow, shoulder and hip. He continued working for the employer, while being conservatively treated for a torn right rotator cuff, until August 15, 1991. The injury was surgically repaired September of the same year and the employee returned to work for the employer on or about May 8, 1992 with minor restrictions. He was laid off six weeks later and has not worked since July 6, 1992. Because of other illnesses, he is receiving disability retirement benefits. He has received temporary total disability benefits for the time he lost from work before the layoff. He has also received medical benefits as required under the workers' compensation law. The medical proof as to whether the claimant's disability is causally related to his injuries is speculative and equivocal. In separate litigation, he claims to be disabled from asbestos-related lung disease. The trial judge disallowed the claim for disability workers' compensation benefits for insufficient proof that the disability is causally related to the injury at work. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. W. Dale Young, |
Knox County | Workers Compensation Panel | 11/25/96 | |
| Amy Ferrell Robinson Manufacturing Company and Argonaut Insurance Company
01S01-9512-CH-00224
Authoring Judge: William S. Russell, Special Judge
Originating Judge:Hon. JEFFREY F. STEWART |
Grundy County | Workers Compensation Panel | 11/25/96 | |
| 01S01-9507-CV-00102
01S01-9507-CV-00102
|
Supreme Court | 11/25/96 | ||
| City State Bank and the Bank of Sharon v. Dean Witter Reynolds, Inc. a Delaware Corporation, and Hank Franck
02A01-9504-CV-00073
Defendants have filed a petition to rehear which, after due consideration, is respectfully denied.
Authoring Judge: Judge J. Alan Highers
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Jackson County | Court of Appeals | 11/25/96 | |
| 01C01-9601-CC-00017
01C01-9601-CC-00017
|
Montgomery County | Court of Criminal Appeals | 11/25/96 | |
| Terry Campbell v. Old Republic Insurance Company
01S01-9511-CH-00213
Authoring Judge: William S. Russell, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart, Chancellor |
Campbell County | Workers Compensation Panel | 11/25/96 | |
| 01C01-9508-CC-00251
01C01-9508-CC-00251
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 11/22/96 | |
| 03A01-9606-CH-00186
03A01-9606-CH-00186
|
Monroe County | Court of Appeals | 11/22/96 | |
| 03A01-9603-CV-00080
03A01-9603-CV-00080
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Scott County | Court of Appeals | 11/22/96 | |
| 01C01-9602-CR-00061
01C01-9602-CR-00061
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Davidson County | Court of Criminal Appeals | 11/22/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Sevier County | Court of Appeals | 11/22/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 11/21/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 11/21/96 | ||
| State vs. Curtis R. Sparks
M1999-01330-CCA-R3-CD
The defendant, Curtis R. Sparks, was convicted of sale of cocaine over .5 grams. The jury assessed a fine of $2,000. The trial court imposed a Range I sentence of nine years. In this appeal of right, the defendant contends that the sentence is excessive and that the trial court should have granted an alternate, community-based sentence. Because the defendant was clearly untruthful in much of his testimony and demonstrated little indication of rehabilitation, the judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Cornelia A. Clark |
Perry County | Court of Criminal Appeals | 11/21/96 | |
| Quincy L. Love v. State of Tennessee
W2002-02081-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 11/21/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 11/21/96 | ||
| 01A01-9602-CH-00086
01A01-9602-CH-00086
|
Davidson County | Court of Appeals | 11/20/96 | |
| Kevin G. Mckenzie v. Blount Memorial Hospital, Inc., Royal Insurance Company and Tha Workers' Compensation Group
03S01-9603-CV-00028
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, Kevin G. McKenzie, has appealed from the action of the trial court in dismissing his claim by sustaining a motion for summary judgment filed by defendants, Blount Memorial Hospital, Inc., and THA Workers' Compensation Group. The circuit judge ruled the claim was barred by reason of the expiration of the one year statute of limitations. The complaint was filed on November 4, 1994, alleging plaintiff had sustained an injury on September 13, 1993, and on May 7, 1994. The hospital was provided insurance coverage by THA Workers' Compensation Group to December 31, 1993, and Royal Insurance Company for the period in question during 1994. The hospital and THA Group filed the motion for summary judgment contending any claim for the September, 1993, injury was barred. The motion is supported by two affidavits and Plaintiff's Answers To Interrogatories. The affidavit of Joe B. Hill, Jr., the Director of Human Resources, recites plaintiff originally injured himself during January, 1993; he reported on September 13, 1993, he had experienced a recurrence of pain from the injury and he received two sessions of therapy; the last medical treatment for the September 13, 1993, work-related aggravation of his pre-existing condition was on September 15, 1993; that on May 7, 1994, he reported to their emergency room requesting treatment; and the hospital did not make any voluntary payments to any health care providers nor was plaintiff billed for any treatment by the hospital. The other affidavit was executed by Mary Jane Johnson, a family nurse- practitioner of the hospital. This document indicates she saw plaintiff during January, 1993, for evaluation of a neck and shoulder injury which plaintiff said he had sustained a few days earlier; on September 13, 1993, he reported he had re- injured his neck and shoulder; he was referred to a medical group where he was seen the same day but he did not return for a follow-up appointment on October 4, -2-
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. W. Dale Young, |
Knox County | Workers Compensation Panel | 11/20/96 | |
| 01A01-9605-CV-00200
01A01-9605-CV-00200
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 11/20/96 | |
| Terry Hambrick v. Vecellio & Grogan, Inc.
03S01-9603-CH-00030
This workers' compensation appeal has been referred to the Special W orkers' 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 drove a heavy truck for the defendant's construction firm. When asked to tell the Court "what happened when you got hurt," he replied: Well I was backing up to get loaded and the loader operator picked one, a big old rock up and he went to put it in the bed of the truck and when he did, he started to let it down and the rock just come out all at once. And when it did, it just rattled, you know, just shook the truck around and around. The accident occurred August 4, 1993. He was seen by Dr. Judson McGowan, an orthopedic specialist, on August 1, 1993, complaining of neck and thoracic spine pain. His condition was diagnosed as acute cervical lumbar strain which was treated conservatively over many months involving sophisticated testing procedures and referrals to specialists in other disciplines, some of whom believed the plaintiff had a psychological overlay with magnification of symptoms. Dr. McGowan testified that "this patient is heading toward the road of a chronic pain syndrome," that he had a five to ten percent impairment, and that he was able to return to lighter work. Dr. Stephen Kimbrough, a neurologist, saw the plaintiff on February 9, 1993, for the evaluation of neck and arm pain. He found no nerve involvement and little or no pathology. He believed that the plaintiff had some pain but "felt that it was somewhat exaggerated and there was some overlay to the pain as well." Like Dr. McGowan, he thought the plaintiff was likely a candidate for chronic pain syndrome, and that he exaggerated his symptomatology. He expressed no opinion about impairment, but felt that he could return to work. Dr. Paul Brown, a specialist in internal medicine and cardiology, testified that he had treated the plaintiff for a number of years for various illnesses, one of which was hypertension which he attributed in part to pain, but he declined to reference the hypertension to the accident and expressed no opinion about impairment. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Thomas J. Seeley, Jr. |
Unicoi County | Workers Compensation Panel | 11/20/96 | |
| 03C01-9508-CC-00232
03C01-9508-CC-00232
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 11/20/96 | |
| Alphonso Bradford v. State of Tennessee
M1998-00078-CCA-MR3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/20/96 |