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| Thomas W. Harrison, Terry Harrison, and Brenda Harrison Kennamore, v. Earl Laursen
01A01-9505-CH-00192
This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of GilesCounty, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown.
Authoring Judge: Senior Judge William H. Williams
Originating Judge:Chancellor Jim T. Hamilton |
Giles County | Court of Appeals | 05/03/96 | |
| 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 | |
| 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 | |
| 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 | |
| Ray Donald Hawkins v. Metropolitan Government of Nashville & Davidson County Tennessee
01S01-9508-CV-00126
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 appellant sued his employer for workers' compensation benefits covering mental and emotional disability which resulted from being informed that he was about to be fired. The trial judge dismissed the action because it did not state a claim on which relief could be granted. We conclude that the judgment should be affirmed. I. The complaint alleged that the appellant had worked for the Nashville Electric Service for thirty-one years, serving finally as Executive Assistant General Manager. On March 11, 1992, one hour before a scheduled meeting of the Power Board, a Board member informed the appellant that at the meeting the Board would vote to dismiss him. Although the rumor turned out to be false, the appellant alleged that the shock and fright produced by the unwelcome news caused such mental and emotional stress that he became permanently disabled. The defendant filed a motion to dismiss for failure to state a claim. The trial judge initially overruled the motion but decided to grant it, after further proceedings in the case. II. - 2 -
Authoring Judge: Per Curiam
Originating Judge:Hon. Hamilton V. Gayden, Jr., |
Hawkins County | Workers Compensation Panel | 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 | |
| 02A01-9504-CV-00081
02A01-9504-CV-00081
Originating Judge:C. Creed Mcginley |
Court of 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 | |
| 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 | |
| 01A01-9509-CV-00420
01A01-9509-CV-00420
|
Court of Appeals | 04/26/96 | ||
| 01A01-9507-CH-00285
01A01-9507-CH-00285
Originating Judge:Robert S. Brandt |
Court of Appeals | 04/26/96 | ||
| Vera Jane King v. Travelers Insurance Company and Carter Automotive Products, Inc.
01S01-9509-CH-00155
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 injured her right arm while using an air screwdriver on the assembly line at defendant's automotive products plant. The trial judge awarded her 9 percent permanent partial disability to the right arm and modified the average weekly wage and compensation rate. We find the evidence preponderates against an award of 9 percent and in favor of an award of 5 percent permanent partial disability to the right arm and affirm the judgment of the trial court as so modified. The plaintiff is 56 years old with a tenth grade education and a GED certificate. She had worked in factory assembly with defendant for 17 years at the time she was injured. On July 13, 1992, while using an air screwdriver to build fuel pumps, she experienced severe pain. Her family practice physician diagnosed acute lateral epicondylitis caused by repetitive motion. He recommended that she change jobs so that she would not have to apply pressure with her arms. He placed her on light duty and prescribed physical therapy. Her pain complaints did not improve. Dr. Fonda J. Bondurant, orthopedic surgeon, treated plaintiff for three months with cortisone injections. When plaintiff's complaints of pain still did not improve, he performed surgical release of the elbow in November of 1992. She was able to return to work in January of 1993, but worked long days and experienced recurrent pain. She was placed on a reduced work schedule of four hours per day. Plaintiff reached maximum medical improvement on April 19, 1993, and Dr. Bondurant opined she would continue to have pain and would be restricted to work that did not require repetitive motion. He found no loss of grip strength, no sensory changes, full range of elbow motion, and 3 percent permanent partial disability to the body as a whole according to AMA Guidelines as a result of her residual pain. Dr. Robert Paul Landsberg, orthopedic surgeon, conducted an independent medical examination for plaintiff's counsel on October 2, 1994. He diagnosed 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Charles Smith |
Macon County | Workers Compensation Panel | 04/26/96 | |
| Carol Victoria (Vicky) Pitner v. Vanderbilt Child and Adolescent Psychiatric Hospital, Employer, and Fidelity and Casualty Insurance Company of New York
01S01-9507-CH-00114
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 injured her right arm, shoulder and neck at work on September 26, 1988. The trial court awarded 24 percent permanent partial disability to the body as a whole. Further, the trial court ordered a credit to the employer for temporary total disability benefits paid after May 5, 1992, the date the court found as plaintiff's date of maximum medical improvement. We affirm the judgment of the trial court. Plaintiff is 38 years old with a college degree. While working as a recreation specialist at Vanderbilt Child and Adolescent Psychiatric Hospital, she was injured as she attempted to catch a falling patient. She was treated in the Emergency Room for acute thoracic strain but continued to have pain. Further evaluation led to surgical removal of torn cartilage and the distal clavicle on August 2, 199 by Dr. J. Willis Oglesby. She did not improve, and subsequently began seeing Dr. John Campa, a neurologist, on July 1, 1991. Dr. Campa treated plaintiff with nerve blocks, injections, physiotherapy, biofeedback and anti-depressant medications. He diagnosed C5-6 subligamentous disk protrusion with secondary radiculopathy and C6-7 degenerative disk disease with secondary radiculopathy. He opined she requires further rehabilitation, including future surgery, to improve functioning and permit light to medium work. On July 21, 1993, when plaintiff advised she did not choose to have the recommended surgery, Dr. Campa opined that therefore she had reached maximum medical improvement, and assessed 24 percent medical impairment to the body as a whole under AMA Guidelines. During the period when plaintiff was being treated by Dr. Campa, she was sent back to Dr. Oglesby, the surgeon, for an independent medical examination on May 5, 1992. Dr. Oglesby opined she had reached maximum medical improvement as of that date. He assessed 1 percent permanent partial disability to her right upper extremity using the guidelines of the American Academy of Orthopedic Surgeons. He limited her 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Robert S. Brandt, |
Davidson 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 | |
| Vera Jane King v. Travelers Insurance Company and Carter Automotive Products, Inc.
01S01-9509-CH-00155
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 injured her right arm while using an air screwdriver on the assembly line at defendant's automotive products plant. The trial judge awarded her 9 percent permanent partial disability to the right arm and modified the average weekly wage and compensation rate. We find the evidence preponderates against an award of 9 percent and in favor of an award of 5 percent permanent partial disability to the right arm and affirm the judgment of the trial court as so modified. The plaintiff is 56 years old with a tenth grade education and a GED certificate. She had worked in factory assembly with defendant for 17 years at the time she was injured. On July 13, 1992, while using an air screwdriver to build fuel pumps, she experienced severe pain. Her family practice physician diagnosed acute lateral epicondylitis caused by repetitive motion. He recommended that she change jobs so that she would not have to apply pressure with her arms. He placed her on light duty and prescribed physical therapy. Her pain complaints did not improve. Dr. Fonda J. Bondurant, orthopedic surgeon, treated plaintiff for three months with cortisone injections. When plaintiff's complaints of pain still did not improve, he performed surgical release of the elbow in November of 1992. She was able to return to work in January of 1993, but worked long days and experienced recurrent pain. She was placed on a reduced work schedule of four hours per day. Plaintiff reached maximum medical improvement on April 19, 1993, and Dr. Bondurant opined she would continue to have pain and would be restricted to work that did not require repetitive motion. He found no loss of grip strength, no sensory changes, full range of elbow motion, and 3 percent permanent partial disability to the body as a whole according to AMA Guidelines as a result of her residual pain. Dr. Robert Paul Landsberg, orthopedic surgeon, conducted an independent medical examination for plaintiff's counsel on October 2, 1994. He diagnosed 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Charles Smith |
Macon County | Workers Compensation Panel | 04/26/96 |