Please enter some keywords to search.
| 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 | |
| 02S01-9605-CH-00049
02S01-9605-CH-00049
|
Supreme Court | 12/23/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 12/23/96 | ||
| Amy v. Hollars
03A01-9609-CH-00307
|
Knox 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-00232
03A01-9607-CV-00232
|
Monroe County | Court of Appeals | 12/23/96 | |
| 03C01-9602-CR-00063
03C01-9602-CR-00063
Originating Judge:William M. Dender |
Court of Criminal Appeals | 12/23/96 | ||
| 03A01-9607-CV-00237
03A01-9607-CV-00237
|
Hamilton County | Court of Appeals | 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 | |
| Perry Hart and Reba Hart v. Tommy Casey, Jo Alice Casey, et al. - Concurring
02A01-9602-CH-0036
This appeal involves a “land sale - purchase agreement” between Perry Hart and wife, Reba Hart (Buyers) and Tommy Casey (Seller).1 Buyers appeal from the judgment of the trial court finding that the “land sale - purchase agreement” between the parties had been terminated and ordering that Seller was the owner of the property.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor Joe C. Morris |
Chester County | Court of Appeals | 12/23/96 | |
| 01S01-9511-CH-00211
01S01-9511-CH-00211
|
Supreme Court | 12/23/96 | ||
| 02S01-9604-CV-00044
02S01-9604-CV-00044
|
Shelby County | Supreme Court | 12/23/96 | |
| 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 | |
| 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 | ||
| Theresa Webb v. The Quaker Oats Company
02S01-9603-CH-00029
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
|
Madison County | Workers Compensation Panel | 12/19/96 | |
| Timothy Crabtree v. Apac Tennessee, Inc.
03S01-9603-CH-00035
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 the plaintiff had sustained an injury to his knee and back arising out of and in the course of his employment with the defendant. The trial court awarded the plaintiff 3% permanent partial disability to the leg as a result of the knee injury and 25% permanent partial disability to the body as a whole as a result of the back injury. The defendant says the trial judge erroneously found the plaintiff had given notice of an accidental injury to his back and says, also, that the awards for the injuries were erroneous. We affirm the judgment of the trial court. Injury to the Knee During March 1992, the plaintiff injured his right knee. He was treated by Dr. Paul Naylor for this injury. Dr. Naylor performed surgery on the plaintiff's knee on October 13, 1992 to repair the damage sustained by the plaintiff. Dr. Naylor testified the plaintiff had a 12% medical impairment to his knee as a result of the accident, which the defendant does not dispute. We find the evidence does not preponderate against the evidence of 3% permanent partial disability to the leg found by the trial judge, and we affirm the judgment thereon. T.C.A. _ 5-6-225(e)(2). Injury to the Back The plaintiff testified he injured his back in April 1993 when he reached back to lock the tailgate of a truck he was driving in the course of his employment. He testified he gave notice of the injury to his supervisor, James Hawkins, and the safety director, Steve Bell. Hawkins and Bell testified the plaintiff did not give them notice of an accidental injury as he testified. They testified the plaintiff related that the back pain he was having was connected to, or was a result of, the knee injury. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. H. David Cate |
Knox County | Workers Compensation Panel | 12/19/96 | |
| Johnny Ownby v. National American Insurance Company
03S01-9604-CV-00037
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 48% permanent partial disability to the body as a whole at a compensation rate of $266.66 per week. Defendant challenges the amount of disability awarded, the compensation rate applied and certain discretionary costs awarded. Plaintiff, 37, graduated from high school. Most of his work experience has been in heavy construction labor. He testified that he injured his lower back on July 4, 1994, while digging up an asphalt driveway and loading the asphalt chunks onto a truck for defendant's insured. He worked on light duty until October but has not worked since October.1994. Plaintiff was treated by Alan L. Whiton, M.D., an orthopedist, who testified in this case by deposition. He opined that plaintiff had a disruption or internal cracking of L4-L5 based upon the results of a discogram. He assigned plaintiff a five percent permanent impairment rating to the body as a whole according to the AMA Guides. George B. Brooks, D.O., a family practitioner, examined the plaintiff at the request of his attorney. He diagnosed degenerative disc disease with radiculopathy at L4-5 by history. He assigned a ten percent impairment rating according to the American Orthopedic Academy guidelines. He testified that he would not disagree with Dr. Whiton's five percent impairment rating but that he also considered that plaintiff had over six months of subjective complaints of pain. He further testified that some portion of his impairment rating was attributable to degenerative changes that predated plaintiff's work-related injury, but he could not apportion it. Fred A. Killefer, M.D., neurosurgeon, examined plaintiff at the request of the defendant. He found no objective signs of a permanent injury and opined that plaintiff had a normal spine with subjective complaints of pain. He further opined 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Rex Henry Ogle, |
Knox County | Workers Compensation Panel | 12/19/96 | |
| John D. Baggett v. Firemen's Fund Insurance Company
01S01-9603-CH-00055
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 complaint alleges "[t]hat on or about the 22nd day of June, 1993, the Plaintiff, while operating a printing press, had his left thumb amputated when it became caught in the press." In point of fact, he suffered an "avulsive injury of the distal aspect of his thumb, just distal to the IP joint with nerve and vascular damage within the thumb proximal to the point of severance." The thumb fragment could not be re-attached and the amputation was surgically completed at the level of the interphalangeal joint, resulting in the loss of one-half of the thumb. The defendant admitted the material allegations of the complaint and essentially conceded that the plaintiff was entitled to recover benefits for the loss of a thumb. Notwithstanding that the complaint did not allege disability to the hand, the issue at trial was whether the injury so affected the hand as to justify an award for benefits thereto rather than for the loss of a scheduled member. The Chancellor limited benefits to the loss of the thumb; the employee appeals insisting that he is entitled to benefits for resultant partial permanent disability to his hand. The treating surgeon was Dr. Bruce Shack, a reconstructive specialist from the Vanderbilt Medical Center. He testified: Q. Now, Doctor, have you formed an opinion based upon a reasonable degree of medical certainty whether or not this injury Mr. Baggett suffered will result in any permanent impairment? A. Yes, sir, I have. Q. Will you tell the Court what that opinion is, sir. A. Well, this is a relatively straight forward type of case where the amputation through the interphalangeal joint of the thumb allows us to utilize the Guides that are set forth in the American Medical Association's Guides to the Evaluation of Permanent Impairment and basing Mr. Baggett's impairment on the loss of the thumb through the interphalangeal joint, I had rated him as 2 percent impairment of the hand. And, of course, that using the conversion tables equals an 18 percent impairment of the upper extremity and 11 percent impairment of the whole person. Q. Now, the injury to the thumb and hand as you've indicated, is that in anyway affected by the upper extremity? 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 12/19/96 | |
| Richard Thomas Johnson v. State of Tennessee
W2001-02373-CCA-R3-CD
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 12/19/96 |