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| James Dale Barnes, v. Miller Medical Group, P.C. Edgefield Hospital, Inc., Dr. Douglas Dorsey, and Dr. J. Shepherd
01A01-9512-CV-00549
The husband of a woman who suffered a fatal heart attack shortly after being discharged from a hospital emergency room filed a medical malpractice suit against the treating doctor and the medical group for which he worked. The trial court dismissed the claim against the defendant doctor because the plaintiff failed to obtain service on him. A summary judgment was subsequently granted to the defendant medical group on the ground of the plaintiff’s failure to produce a qualified affidavit on the proper standard of care and on causation, as is required by the Medical Malpractice Act, Tenn. Code Ann. § 29-26-115. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | 05/03/96 | |
| Julius Michael Harris, v. Suzanne Zulieme Harris
01A01-9511-CV-00518
he plaintiff/ex-husband has appealed from the dismissal of his post-divorce decree
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Special Judge Lee Ofman |
Williamson County | Court of Appeals | 05/03/96 | |
| Clifford Scott Goodwin, v. Judith Annette Wetz F/K/A Judith Annette Goodwin
01A01-9512-CH-00547
The captioned petitioner has appealed from the dismissal of his suit to enroll and modify a foreign divorce decree.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Leonard W. Martin |
Cheatham County | Court of Appeals | 05/03/96 | |
| State of Tennessee v. Barry Hughes
03C01-9410-CR-00454
The appellant, Barry Hughes, challenges, by extraordinary appeal, the trial court's judgment affirming the district attorney general's denial of his application for pretrial diversion. The appellant sought to divert two counts of official oppression, one count of official misconduct, and one count of fabricating evidence. The charges stem from allegations that, while performing his duties as a police officer, he planted cocaine in a civilian's car. We affirm.
Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge R. Steven Bebb |
Bradley County | Court of Criminal Appeals | 05/03/96 | |
| Hayden D. Wilson, Jr., v. Kathryn Ann Moore
01A01-9506-CV-00235
This appeal involves a marriage that failed in less than three years. The husband filed suit in the Circuit Court for Sequatchie County seeking a divorce and the enforcement of the parties’ prenuptial agreement. The wife also requested a divorce and challenged the validity of the prenuptial agreement. Following a bench trial, the trial court declared the parties divorced pursuant to Tenn. Code Ann. § 36-4-129(b) (1991) and upheld the prenuptial agreement. Accordingly, the trial court awarded the parties their personal property and directed the husband to assume certain credit card indebtedness and to provide the wife medical insurance for up to thirty-six months. Both parties take issue with various portions of the final divorce decree on this appeal. We have determined that the trial court erred by failing to consider the husband’s income earned during the marriage as marital property. Accordingly, we modify the division of marital property and the award of spousal support.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Buddy D. Perry |
Sequatchie County | Court of Appeals | 05/03/96 | |
| Stanley Bailey v. Amre, Inc.
03S01-9511-CH-00124
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 Chancellor held " . . . really all I can do is find that the medical proof does not bear out a finding of permanent disability," and this action for workers' compensation benefits was thereupon dismissed, the propriety of which is presented for our review, which is de novo on the record accompanied by a presumption that the findings of fact of the trial court are correct unless the evidence otherwise preponderates. TENN. CODE ANN. _ 5-6-225(e)(2). We affirm.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Billy Joe White |
Knox County | Workers Compensation Panel | 05/02/96 | |
| Ross N. Everett v. Wal-Mart Stores, Inc.
03S01-9508-CH-00093
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, Ross N. Everett, has appealed from the action of the trial court in awarding 45% permanent partial disability benefits to his left leg. His primary contention is the Chancellor was in error by not finding his pre-existing arthritic condition was aggravated by the accident. Plaintiff, 71 years of age at the time of the trial, was injured on March 2, 1992, while working for the defendant Wal-Mart Stores, Inc., when he was attempting to hang fishing lures. He testified he turned his foot to move and his knee twisted causing the injury. He related to the court a knee problem pre- existed the accident as he had seen a doctor during February, 1992. He said he was having pain and swelling in his knee, and he was unable to fully flex it. The only other witness to testify was Dr. Edwin E. Holt, an orthopedic surgeon, who testified by deposition. Dr. Holt stated his pre-existing problem in his knee was caused by arthritis; that the arthritic condition was not caused by the accident but the accident probably aggravated the arthritis by causing more pain; that the accident did not increase the arthritis; and that the accident did cause a meniscal tear which he corrected by arthroscopic surgery on September 12, 1992. Dr. Holt gave a 14% impairment rating to the left leg as a result of the meniscal tear and a 1% impairment rating to the pre-existing arthritic condition. We do not believe the Chancellor misapplied the ruling in the Cunningham v. Goodyear Tire & Rubber Co., 811 S.W.2d 888 (Tenn. 1991) case as insisted by the plaintiff. Although a question as to whether plaintiff had sustained an injury by an "accident at work" was involved, the general rule concerning aggravation of a pre- existing condition was set forth, the rule being where an employee's work aggravates a pre-existing condition by making the pain worse but does not -2-
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Frederick D. Mcdonald, |
Knox County | Workers Compensation Panel | 05/01/96 | |
| Clifford E. Wells v. Jefferson City Zinc, Inc.
03S01-9509-CV-00100
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 employer appeals the trial court's finding that the plaintiff is 1% permanently and totally disabled, its apportionment of 7% of the liability to the employer and 3% to the Second Injury Fund and its commutation of the award to a lump sum. We modify the judgment to void the commutation of the award to a lump sum payment. As modified, we affirm the judgment. The plaintiff, 51 at the time of trial, has a ninth-grade education. His past work experience includes farming, paint spray mixing and operating and supervision of same, millwrighting, construction and working in the defendant's mines. He began working for the defendant in 1977. He suffered a back injury, possibly in the course and scope of his employment with the defendant-employer, in 1978. A lumbar laminectomy was performed in 1985 as a result of that injury. No workers' compensation claim was ever filed, and the employer did not pay any medical expenses. Plaintiff re-injured his back on February 21, 1992, while moving a pump in the course of his employment. He was laid off by the employer in June 1994, never having returned to work. Dr. John Bell, an orthopaedic surgeon, treated the plaintiff after his 1992 injury. He had also performed the plaintiff's 1985 surgery, after which he had assigned the plaintiff a 15% permanent impairment. He assigned the plaintiff a five percent impairment rating for the 1992 injury under the most recent edition of the A.M.A. Guides. He restricted the plaintiff from lifting more than 35 pounds occasionally, 2 pounds frequently, climbing and kneeling, bouncing, crouching or crawling more than occasionally. He had apparently informed the plaintiff of similar -2-
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Ben Hooper, |
Jefferson County | Workers Compensation Panel | 05/01/96 | |
| 01C01-9307-CC-00218
01C01-9307-CC-00218
|
Cheatham County | Court of Criminal Appeals | 04/30/96 | |
| 01C01-9307-CC-00218
01C01-9307-CC-00218
Originating Judge:Allen W. Wallace |
Cheatham County | Court of Criminal Appeals | 04/30/96 | |
| 02A01-9504-CV-00081
02A01-9504-CV-00081
Originating Judge:C. Creed Mcginley |
Court of Appeals | 04/30/96 | ||
| 03S01-9502-CV-00014
03S01-9502-CV-00014
Originating Judge:Dale C. Workman |
Knox County | Supreme Court | 04/29/96 | |
| 02A01-9410-CV-00225
02A01-9410-CV-00225
Originating Judge:James E. Swearengen |
Court of Appeals | 04/29/96 | ||
| 02S01-9504-CR-00029
02S01-9504-CR-00029
Originating Judge:Joseph B. Mccartie |
Shelby County | Supreme Court | 04/29/96 | |
| 03S01-9503-CH-00027
03S01-9503-CH-00027
|
Supreme Court | 04/29/96 | ||
| 02A01-9410-CV-00225
02A01-9410-CV-00225
Originating Judge:James E. Swearengen |
Court of Appeals | 04/29/96 | ||
| 01S01-9503-CH-00045
01S01-9503-CH-00045
Originating Judge:Robert S. Brandt |
Davidson County | Supreme Court | 04/29/96 | |
| 02A01-9503-CV-00058
02A01-9503-CV-00058
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 04/29/96 | |
| Nellie Myrtle Farley v. Liberty Mutual Insurance
01S01-9509-CV-00147
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 defendants below appeal the trial court's award of 75% permanent partial disability to each upper extremity. They challenge the amount of the award, its commutation to a lump sum, and the trial court's award of temporary total disability benefits from May 26, 1994 to December 1, 1994. We modify the trial court's award, finding that the evidence preponderates against an award of 75% permanent partial disability to each extremity and towards a finding of 45% permanent partial disability to each extremity. As modified, we affirm the judgment of the trial court. Plaintiff, 63 at the time of trial, has a sixth grade education. She worked for the defendant-employer for almost 26 years. In late October 1993, she was found to have bilateral carpal tunnel syndrome. She continued to work until January 3, 1994, when she took an early retirement. She testified at trial that she retired early because her arms were "messed up." Carpal tunnel releases were performed in February and May 1994. At trial, she testified that she reached maximum medical improvement in early December 1994. She has not applied for any job since her retirement. Dr. Abbey, an orthopedic surgeon, treated the plaintiff and testified, by deposition, on behalf of the defendant. He testified that the plaintiff did well post- operatively and that he assigned her a zero percent impairment rating. He also testified that after he assigned her this rating, the plaintiff had problems with swelling and discomfort and, between the two surgeries, she developed triggering in her left long finger. He opined that the plaintiff reached maximum medical improvement on May 23, 1994 for her carpal tunnel syndrome, although she probably had not reached that stage for her triggering finger. He assigned no permanent restrictions. Dr. Robert Paul Landsberg, another orthopedist, examined the plaintiff at the request of her attorney and testified, also by deposition, on her behalf. He
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Bobby H. Capers |
Trousdale County | Workers Compensation Panel | 04/26/96 | |
| Linda May Kepley v. Yamakawa Manufacturing Company of America and Yasuda Fire & Marine Insurance Company
01S01-9505-CV-00075
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 defendants appeal the trial court's award of 4% permanent partial disability to the right upper extremity. They contend that the plaintiff did not prove that she had suffered a permanent injury, that they are not liable for such injury, if it exists, due to the application of the last injurious injury rule and that, even if her injury is compensable and they are liable, the trial court's award is excessive. We affirm the judgment of the trial court. The plaintiff, 45 at the time of trial, has a G.E.D. She has worked almost exclusively in manufacturing facilities, performing mostly assembly and packing jobs. She began working for the defendant-employer in May 1991. In July 1992, she began experiencing problems with her wrists. She was eventually referred to Dr. Anderson, a neurologist, who took her off work for about three weeks. She returned to work after this respite but quit after a few months to move to Illinois to marry. She testified at trial that her arms improved while she was off work. She testified that, when she returned to work, she worked with pain and at a slower rate than she had before. She did not work for the first few months she lived in Illinois, and she testified that her arms improved over this time but that her pain never resolved, and she tried to use her left hand more often. Dr. Anderson testified that an E.M.G. performed on the plaintiff prior to her being taken off work indicated she had carpal tunnel syndrome in her left arm. This diagnosis was consistent with the plaintiff's subjective complaints and his objective findings, he testified. When she returned from Illinois to see him in November, he performed another E.M.G. on her, which indicated borderline carpal tunnel syndrome in her right arm. At the plaintiff's request, he released her to return to work. Plaintiff began working for R.G. Ray in Illinois at the end of January 1994. After about five weeks, she began experiencing pain in her wrists again, worse pain
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Thomas E. Gray |
Sumner County | Workers Compensation Panel | 04/26/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Bradley County | Court of Appeals | 04/26/96 | |
| 01C01-9505-CC-00153
01C01-9505-CC-00153
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 04/26/96 | |
| 01C01-9507-CC-00214
01C01-9507-CC-00214
|
Robertson County | Court of Criminal Appeals | 04/26/96 | |
| Linda May Kepley v. Yamakawa Manufacturing Company of America and Yasuda Fire & Marine Insurance Company
01S01-9505-CV-00075
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 defendants appeal the trial court's award of 4% permanent partial disability to the right upper extremity. They contend that the plaintiff did not prove that she had suffered a permanent injury, that they are not liable for such injury, if it exists, due to the application of the last injurious injury rule and that, even if her injury is compensable and they are liable, the trial court's award is excessive. We affirm the judgment of the trial court. The plaintiff, 45 at the time of trial, has a G.E.D. She has worked almost exclusively in manufacturing facilities, performing mostly assembly and packing jobs. She began working for the defendant-employer in May 1991. In July 1992, she began experiencing problems with her wrists. She was eventually referred to Dr. Anderson, a neurologist, who took her off work for about three weeks. She returned to work after this respite but quit after a few months to move to Illinois to marry. She testified at trial that her arms improved while she was off work. She testified that, when she returned to work, she worked with pain and at a slower rate than she had before. She did not work for the first few months she lived in Illinois, and she testified that her arms improved over this time but that her pain never resolved, and she tried to use her left hand more often. Dr. Anderson testified that an E.M.G. performed on the plaintiff prior to her being taken off work indicated she had carpal tunnel syndrome in her left arm. This diagnosis was consistent with the plaintiff's subjective complaints and his objective findings, he testified. When she returned from Illinois to see him in November, he performed another E.M.G. on her, which indicated borderline carpal tunnel syndrome in her right arm. At the plaintiff's request, he released her to return to work. Plaintiff began working for R.G. Ray in Illinois at the end of January 1994. After about five weeks, she began experiencing pain in her wrists again, worse pain
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Thomas E. Gray |
Sumner County | Workers Compensation Panel | 04/26/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 04/26/96 |