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| State vs. Brian Felts
01C01-9701-CC-00006
Originating Judge:Allen W. Wallace |
Houston County | Court of Criminal Appeals | 03/17/98 | |
| State vs. Applegate
01C01-9608-CR-00370
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 03/17/98 | |
| Dicks vs. State
03C01-9606-CC-00231
|
Greene County | Court of Criminal Appeals | 03/17/98 | |
| Dicks vs. State
03C01-9606-CC-00231
Originating Judge:William H. Inman |
Greene County | Court of Criminal Appeals | 03/17/98 | |
| 03S01-9704-CV-00037
03S01-9704-CV-00037
|
Supreme Court | 03/16/98 | ||
| Rosemary Liszeski v. Athens Furniture Inc.
03S01-9703-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's husband had died as the result of a heart attack while in the course and scope of his employment and awarded her survivors benefits under the Workers' Compensation Act. We reverse the judgment of the trial court and dismiss the case. Thomas Liszeski, the husband of the plaintiff, suffered a heart attack on August 1, 1995 while working in the furniture factory of the defendant. Mr. Liszeski died as a result of this on August 13, 1995. No one was with Mr. Liszeski when he suffered the heart attack. He was found lying on the floor with a wound to his head. At the time of the event, Mr. Liszeski was 47 years of age. His work consisted of operating a machine known as a router. The employee would lift a piece of wood that weighed less than eight ounces and place it on the machine to be cut. He would then stack the cut pieces into a pile. There is, as is usual in cases of this nature, conflicting evidence amongst witnesses as to facts surrounding the event. These touch not only the condition of the employee before the event but also the circumstances and conditions surrounding his work. The defendant offered testimony from a fellow employee of the deceased that the employee's wife said her husband was not feeling well prior to going to work and that he complained of pain in his chest. There was further testimony from fellow employees who testified the deceased did not look well before going to work and that the deceased said he did not feel well. The plaintiff denied that she had said the deceased was not feeling well prior to going to work. Beyond this, the plaintiff called witnesses who testified they were present when the plaintiff talked to a fellow employee of the deceased and that they did not hear the plaintiff say the deceased was not feeling well. The evidence in this record shows the work being done by the deceased was not strenuous work. The environmental evidence shows the ambient or outside 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Earl H. Henley, |
Knox County | Workers Compensation Panel | 03/16/98 | |
| In re: Francis E. Dichtel
01S01-9506-BP-00101
|
Supreme Court | 03/16/98 | ||
| Swafford, M.D., vs. Harris, et. al.
01S01-9612-FD-00248
|
Supreme Court | 03/16/98 | ||
| Northland Ins. Co. vs. State
M1998-00307-SC-R11-CV
The issue in this case is whether the Tennessee Claims Commission has subject matter jurisdiction over a claim against the State of Tennessee for contribution and indemnity. The jurisdiction of the Claims Commission is set forth in Tennessee Code Annotated section 9-8-307. That statute allows for suits against the State in the Claims Commission alleging that state employees have maintained a dangerous condition on a state maintained highway. The statute, however, does not mention contribution and indemnity suits as part of the Commission's jurisdiction. Because of the principle that a waiver of sovereign immunity must be clear and unmistakable, we conclude that the State has not consented to hear contribution and indemnity claims. We therefore affirm the Court of Appeals' decision dismissing the appellant's claim.
Authoring Judge: Justice Frank F. Drowota, III
|
Davidson County | Supreme Court | 03/14/98 | |
| State of Tennessee v. Adarryl Devon Brooks
W1999-00632-CCA-R3-CO
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 03/14/98 | |
| Arp vs. Arp
03A01-9808-CV-00273
|
Court of Appeals | 03/13/98 | ||
| State vs. Cheryl Sudduth
02C01-9703-CR-00094
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 03/13/98 | |
| State vs. Sylvester Farmer
02C01-9602-CR-00067
|
Shelby County | Court of Criminal Appeals | 03/13/98 | |
| State vs. William Beard
02C01-9611-CR-00405
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 03/13/98 | |
| State vs. Reginald Tutton
02C01-9610-CR-00351
State vs. Sharon Melton In Re: City Bonding Compnay d/b/a A-1 Bonding Company
|
Shelby County | Court of Criminal Appeals | 03/13/98 | |
| State vs. James Mabry
02C01-9702-CR-00059
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 03/12/98 | |
| State vs. Sharon Melton In Re: City Bonding Compnay d/b/a A-1 Bonding Company
01C01-9612-CC-00497
|
Franklin County | Court of Criminal Appeals | 03/12/98 | |
| State vs. Darrell Emerson
02C01-9312-CC-00276
|
Madison County | Court of Criminal Appeals | 03/12/98 | |
| State vs. Michael Underwood
02C01-9701-CR-00032
|
Shelby County | Court of Criminal Appeals | 03/12/98 | |
| State vs. Larry Englet
W1999-00283-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 03/12/98 | |
| First American National Bank vs. Alexander & Betty Smith
02A01-9710-CH-00273
|
Madison County | Court of Appeals | 03/12/98 | |
| State vs. Larry Torres
02C01-9702-CR-00065
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 03/12/98 | |
| State vs. Larry Hart
02C01-9612-CC-00487
Originating Judge:J. Curwood Witt |
Hardin County | Court of Criminal Appeals | 03/12/98 | |
| State vs. Michael Dinkins
02C01-9702-CR-00075
|
Shelby County | Court of Criminal Appeals | 03/12/98 | |
| State vs. Gregory Jackson
02C01-9706-CR-00206
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/11/98 |