01A01-9603-CV-00118
01A01-9603-CV-00118
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 08/16/96 | |
02A01-9505-CV-00111
02A01-9505-CV-00111
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 08/16/96 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 08/16/96 | ||
02C01-9510-CC-00300
02C01-9510-CC-00300
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 08/16/96 | |
02A01-9501-CH-00006
02A01-9501-CH-00006
Originating Judge:Hansel J. Mcadams |
Henry County | Court of Appeals | 08/15/96 | |
02A01-9506-CH-00127
02A01-9506-CH-00127
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Shelby County | Court of Appeals | 08/15/96 | |
01A01-9603-CH-00133
01A01-9603-CH-00133
Originating Judge:Irvin H. Kilcrease, Jr. |
Court of Appeals | 08/14/96 | ||
02A01-9505-CH-00104
02A01-9505-CH-00104
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/14/96 | |
02A01-9506-CV-00141
02A01-9506-CV-00141
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 08/14/96 | |
01A01-9603-CH-00135
01A01-9603-CH-00135
Originating Judge:Irvin H. Kilcrease, Jr. |
Court of Appeals | 08/14/96 | ||
01A01-9510-CH-00444
01A01-9510-CH-00444
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Appeals | 08/14/96 | |
01A01-9601-CH-00028
01A01-9601-CH-00028
Originating Judge:Horace Pierotti |
Davidson County | Court of Appeals | 08/14/96 | |
01A01-9604-CH-00189
01A01-9604-CH-00189
Originating Judge:Robert S. Brandt |
Court of Appeals | 08/14/96 | ||
Jeffrey Wolfe v. Liberty Mutual Insurance Company
02S01-9602-CV-00016
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. James M. Tharpe, |
Shelby County | Workers Compensation Panel | 08/12/96 | |
03C01-9510-CR-00309
03C01-9510-CR-00309
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 08/12/96 | |
Anthony Ray Morris v. Keebler Company, Inc., et al
02S01-9511-CV-00119
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 held that plaintiff failed to provide timely notice as required by TENN. CODE ANN. _ 5-6-21 and that he failed to meet his burden of proving that his injury arose in the course and scope of his employment. The plaintiff appeals these findings. We affirm the judgment of the trial court. Plaintiff, 28 at the time of trial, worked for defendant as a route salesman. He testified that in early October 1992, he felt "a sudden pain--not pain, but tingling." He testified that he first felt this when his leg hit the ground getting out of the delivery truck he drove for defendant. After the initial onset of symptoms, plaintiff began to feel that his leg was losing strength. At one point early in the same month, his supervisor noticed him limping and asked him about it. Plaintiff reported feeling numbness and tingling in his leg and that he thought he was losing strength in his leg. The supervisor felt his leg and testified that it felt like "mush." Plaintiff did not report any injury or onset of symptoms at work at this time. Plaintiff testified that his left leg gave out on him in early November while he was shooting baskets. On November 1, 1992, he saw his wife's family practitioner, Dr. Walter Verner. He told Dr. Verner that he had pain in his left thigh and that he had been losing muscle strength in his left leg for about a month. Dr. Verner testified that his notes do not indicate a work-related injury, although that is something that he would normally record. Dr. Verner noted a marked reduction in the plaintiff's deep tendon reflex in his left knee and referred him to Dr. Barry Thompson, a neurologist. Dr. Thompson found left quadriceps weakness and ordered a variety of tests, including an EMG which indicated a possible L4-5 radiculopathy and an MRI which indicated a possible L3 herniated disc on the left. He referred plaintiff to Dr. Joseph Buchignani, a neurosurgeon. 2
Authoring Judge: Per Curiam
Originating Judge:Anthony Ray Morris, |
Shelby County | Workers Compensation Panel | 08/12/96 | |
Jeffrey Wolfe v. Liberty Mutual Insurance Company
02S01-9602-CV-00016
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. James M. Tharpe |
Shelby County | Workers Compensation Panel | 08/12/96 | |
Anthony Ray Morris v. Keebler Company, Inc., et al
02S01-9511-CV-00119
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 held that plaintiff failed to provide timely notice as required by TENN. CODE ANN. _ 5-6-21 and that he failed to meet his burden of proving that his injury arose in the course and scope of his employment. The plaintiff appeals these findings. We affirm the judgment of the trial court. Plaintiff, 28 at the time of trial, worked for defendant as a route salesman. He testified that in early October 1992, he felt "a sudden pain--not pain, but tingling." He testified that he first felt this when his leg hit the ground getting out of the delivery truck he drove for defendant. After the initial onset of symptoms, plaintiff began to feel that his leg was losing strength. At one point early in the same month, his supervisor noticed him limping and asked him about it. Plaintiff reported feeling numbness and tingling in his leg and that he thought he was losing strength in his leg. The supervisor felt his leg and testified that it felt like "mush." Plaintiff did not report any injury or onset of symptoms at work at this time. Plaintiff testified that his left leg gave out on him in early November while he was shooting baskets. On November 1, 1992, he saw his wife's family practitioner, Dr. Walter Verner. He told Dr. Verner that he had pain in his left thigh and that he had been losing muscle strength in his left leg for about a month. Dr. Verner testified that his notes do not indicate a work-related injury, although that is something that he would normally record. Dr. Verner noted a marked reduction in the plaintiff's deep tendon reflex in his left knee and referred him to Dr. Barry Thompson, a neurologist. Dr. Thompson found left quadriceps weakness and ordered a variety of tests, including an EMG which indicated a possible L4-5 radiculopathy and an MRI which indicated a possible L3 herniated disc on the left. He referred plaintiff to Dr. Joseph Buchignani, a neurosurgeon. 2
Authoring Judge: Per Curiam
Originating Judge:Anthony Ray Morris, |
Shelby County | Workers Compensation Panel | 08/12/96 | |
State of Tennessee vs. Phillip Craig Mangrum
01C01-9508-CR-00259
The appellant, Phillip Mangrum, pled guilty in the Criminal Court of Sumner County to aggravated burglary, a class C felony. Tenn. Code Ann. § 39-14-403 (1991). The trial court sentenced the appellant as a multiple offender within range II to eight years incarceration in the Department of Correction. The appellant appeals from this sentence, contending, in essence, that (1) the appellant’s status as a multiple offender is not supported by the record; (2) the State’s notice of enhanced sentencing was inadequate under the Sentencing Act and Tenn. R. Crim. P. 12.3; and (2) his sentence is excessive.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/09/96 | |
State of Tennessee vs. Priscilla Ann Blakemore
01C01-9509-CR-00291
This appeal represents three consolidated cases. The defendant pled guilty to three counts of forgery, one count of theft over one thousand dollars ($1000), two counts of passing a forged check, and one count of passing a worthless check. For each count of forgery and passing a forged check, the trial court sentenced the defendant to three years in the Department of Correction as a Range II multiple offender. For the theft offense, the trial court sentenced her to three years in the Department of Correction as a Range I standard offender. For passing a worthless check, the trial court sentenced her to eleven months and twenty-nine days at seventy-five percent (75%) to be served in the Sumner County jail. All sentences were ordered to run concurrently.
Authoring Judge: Judge John H. Peay
Originating Judge:Judge Jane Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/09/96 | |
Ali Agha Batebi, v. Patrick Wayne Clark and The Krystal Company
02A01-9410-CV-00228
In this case, the defendant, The Krystal Company (Krystal), appeals a jury verdict holding it liable for personal injuries received by the plaintiff, Ali Agha Batebi (Batebi), from a criminal assault by a third party while on Krystal's property. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge James M. Tharpe |
Shelby County | Court of Appeals | 08/09/96 | |
Nina Alice Kimble, v. Michael Wayne Kimble
02A01-9503-CV-00049
The gravamen of this appeal is child support. Nina Alice Kimble and Michael Wayne Kimble were married in 1985, divorced in 1992 and will be referred to as Wife and Husband, respectively. When hey married, Wife had a son from a previous marriage and Husband a daughter. Husband adopted the son but Wife did not adopt the daughter.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Kay S. Robilio |
Shelby County | Court of Appeals | 08/08/96 | |
Robert Cox, Administrator of the Estate of Linda Cox Johnson, Deceased, v. General Care Corp. D/B/A HCA. Regional Hospital of Jackson, Beverly Ann Jetton, Nurse, Shewanna Macky, Receptionist, and Joseph Ragon, M.D.
02A01-9412-CV-00269
Appellant has filed a Motion to Rehear Pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure. In the Motion, Appellant contends that the Opinion of this Court was based on an incorrect application of the law. Noting that the Opinion states that neither Appellant’s original Complaint or the proposed Amended Complaint allege negligence with respect to laboratory tests conducted on the deceased, Appellant asserts that he was erroneously required to state a legal theory, not simply “facts from which a legal theory can be inferred.”
Authoring Judge: Judge Holly Kirby Lillard
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Jackson County | Court of Appeals | 08/08/96 | |
Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.
02A01-9505-CV-00118
The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Robert L. Childers |
Shelby County | Court of Appeals | 08/08/96 | |
Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.
02A01-9505-CV-00118
The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Robert L. Childers |
Shelby County | Court of Appeals | 08/08/96 |