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| 03S01-9507-CR-00075
03S01-9507-CR-00075
|
Supreme Court | 07/15/96 | ||
| 01A01-9512-CV-00564
01A01-9512-CV-00564
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/12/96 | |
| 01A01-9601-CV-00048
01A01-9601-CV-00048
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/12/96 | |
| 01A01-9511-CV-00537
01A01-9511-CV-00537
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 07/12/96 | |
| The Honorable Hamilton v. Gayden, Jr., Judge
01A01-9509-CV-00393
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/12/96 | |
| 01C01-9503-CC-00095
01C01-9503-CC-00095
Originating Judge:W. Lee Asbury |
Fentress County | Court of Criminal Appeals | 07/11/96 | |
| State of Tennessee ex. rel, John Jay Hooker, v. Brook Thompson, et. al., et al., State of Tennessee ex. rel., Lewis Laska v. Brook Thompson
01A01-9606-CH-00259
These cases are before the Court upon a Motion for Leave to File an Amicus Curiae Brief filed by Victor S. Johnson, III, District Attorney General for the Twentieth Judicial District, and Appellant John Jay Hooker's Supplemental Petition to Rehear. The Court having considered these matters, it is ORDERED: 1. The Motion for Leave to File an Amicus Curiae Brief is DENIED. 2. Appellant John Jay Hooker's Supplemental Petition to Rehear is DENIED.
Authoring Judge: Chief Justice William D. Fones
|
Supreme Court | 07/11/96 | ||
| 02A01-9504-CH-00088
02A01-9504-CH-00088
Originating Judge:Paul E. Morris |
Chester County | Court of Appeals | 07/11/96 | |
| Lamonte Pearson v. Day International, Inc, d/b/a Colonial Rubber Works, Inc. and Reliance Insurance Company
02S01-9503-CV-00023
This workers' compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The sole issue for review is the trial court's determination that an amended complaint filed against the Second Injury Fund was barred by the statute of limitations. For the following reasons, we affirm the decision of the trial court. On January 26, 1989, Lamonte Pearson ("Mr. Pearson") injured his back in an automobile accident that was not work related. Mr. Pearson's lawsuit was apparently unsuccessful at trial and no damages were awarded. On March 4, 1991, he again injured his back in the course of his employment with Day International, d/b/a Colonial Rubber Works, Inc. and was treated by the same physician. A complaint for worker's compensation benefits was timely filed on April 15, 1991. The complaint alleged that Mr. Pearson "suffered, and will continue to suffer, temporary total, temporary partial and possibly permanent total disability as a result of this work related injury." His prayer for relief requested an award of "such further temporary total, temporary partial, permanent partial, or permanent total disability and medical expenses to which this Court finds him entitled . . ." A motion to amend the complaint was filed on April 24, 1992, and leave to amend was granted on the same date. An amended complaint adding the Second Injury Fund was filed on May 29, 1992, more than one (1) year after the work related injury. The amended complaint further alleges that Mr. Pearson had previously sustained a permanent physical disability capable of supporting a workers' compensation award if it had arisen out of and in the course of employment and that he had become permanently and totally disabled through the subsequent work related injury. The Second Injury Fund asserted the bar of the statute of limitations. During his deposition in this case, Mr. Pearson's treating physician found him to have a permanent partial disability of 9% to the body as a whole as a result of the non-work related incident and 6% to the body as a whole as a result of the work related incident, or a 12% combined impairment rating under the AMA Guidelines. The trial court found Mr. Pearson to be 1% disabled and apportioned 45% of the award to Colonial and 55% to the Second Injury Fund; the court ruled that recovery against the Second 2
Authoring Judge: Janice M. Holder, Special Judge
Originating Judge:Hon. J. Steven Stafford, Judge |
Dyer County | Workers Compensation Panel | 07/11/96 | |
| 03C01-9311-CR-00370
03C01-9311-CR-00370
|
Polk County | Court of Criminal Appeals | 07/11/96 | |
| Lamonte Pearson v. Day International, Inc, d/b/a Colonial Rubber Works, Inc. and Reliance Insurance Company
02S01-9503-CV-00023
This workers' compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The sole issue for review is the trial court's determination that an amended complaint filed against the Second Injury Fund was barred by the statute of limitations. For the following reasons, we affirm the decision of the trial court. On January 26, 1989, Lamonte Pearson ("Mr. Pearson") injured his back in an automobile accident that was not work related. Mr. Pearson's lawsuit was apparently unsuccessful at trial and no damages were awarded. On March 4, 1991, he again injured his back in the course of his employment with Day International, d/b/a Colonial Rubber Works, Inc. and was treated by the same physician. A complaint for worker's compensation benefits was timely filed on April 15, 1991. The complaint alleged that Mr. Pearson "suffered, and will continue to suffer, temporary total, temporary partial and possibly permanent total disability as a result of this work related injury." His prayer for relief requested an award of "such further temporary total, temporary partial, permanent partial, or permanent total disability and medical expenses to which this Court finds him entitled . . ." A motion to amend the complaint was filed on April 24, 1992, and leave to amend was granted on the same date. An amended complaint adding the Second Injury Fund was filed on May 29, 1992, more than one (1) year after the work related injury. The amended complaint further alleges that Mr. Pearson had previously sustained a permanent physical disability capable of supporting a workers' compensation award if it had arisen out of and in the course of employment and that he had become permanently and totally disabled through the subsequent work related injury. The Second Injury Fund asserted the bar of the statute of limitations. During his deposition in this case, Mr. Pearson's treating physician found him to have a permanent partial disability of 9% to the body as a whole as a result of the non-work related incident and 6% to the body as a whole as a result of the work related incident, or a 12% combined impairment rating under the AMA Guidelines. The trial court found Mr. Pearson to be 1% disabled and apportioned 45% of the award to Colonial and 55% to the Second Injury Fund; the court ruled that recovery against the Second 2
Authoring Judge: Janice M. Holder, Special Judge
Originating Judge:Hon. J. Steven Stafford, Judge |
Dyer County | Workers Compensation Panel | 07/11/96 | |
| 03C01-9505-CR-00150
03C01-9505-CR-00150
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 07/11/96 | |
| 03C01-9509-CC-00270
03C01-9509-CC-00270
Originating Judge:R. Steven Bebb |
Monroe County | Court of Criminal Appeals | 07/11/96 | |
| State vs. Estenico Slayton
02C01-9703-CC-00117
|
Dyer County | Court of Criminal Appeals | 07/11/96 | |
| Byrd v. Hall, (Tenn.1995), 847 Sw2D, 213, "A Conclusory Assertion That The Non-Moving
01A01-9502-CV-00045
|
Putnam County | Court of Appeals | 07/10/96 | |
| 01A01-9511-CV-00527
01A01-9511-CV-00527
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 07/10/96 | |
| 02A01-9507-JV-00155
02A01-9507-JV-00155
Originating Judge:Kenneth A. Turner |
Shelby County | Court of Appeals | 07/10/96 | |
| 01A01-9510-CH-00458
01A01-9510-CH-00458
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 07/10/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 07/10/96 | |
| 02A01-9409-CH-00221
02A01-9409-CH-00221
|
Shelby County | Court of Appeals | 07/10/96 | |
| 02A01-9511-CH-00259
02A01-9511-CH-00259
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 07/10/96 | |
| 02A01-9506-CH-00138
02A01-9506-CH-00138
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 07/10/96 | |
| 02A01-9504-CV-00089
02A01-9504-CV-00089
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 07/10/96 | |
| 01A01-9601-CH-00039
01A01-9601-CH-00039
Originating Judge:Cornelia A. Clark |
Hickman County | Court of Appeals | 07/10/96 | |
| William Cantrell vs. DeKalb County, et al
M1998-00964-COA-R3-CV
This appeal involves two deputy sheriffs' response to a church's complaint that one of its members was disrupting a church assembly. After the deputy sheriffs suggested that he leave the premises, the church member filed a civil rights action in the Circuit Court for DeKalb County alleging that the two deputies had unlawfully detained him and had interfered with his right to practice his religion. The law enforcement officers, asserting qualified immunity, moved for a summary judgment. The trial court denied their motion. We have determined that the trial court erred because the undisputed facts demonstrate that the officers are entitled to qualified immunity because they acted reasonably and did not violate any of the church members' clearly established statutory or constitutional rights. Accordingly, we vacate the order denying the summary judgment and remand the case with directions that it be dismissed.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:John J. Maddux |
DeKalb County | Court of Appeals | 07/10/96 |