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| Jerry Anderson v. State of Tennessee
W2000-03141-CCA-R3-CO
Petitioner appeals the denial by the trial court of his writ of habeas corpus and writ of certiorari. Petitioner contended in his petition that he previously pled guilty in the Criminal Court of Madison County to the offenses of facilitation of first degree murder, conspiracy to commit especially aggravated robbery, and arson, and received an effective sentence of 60 years. He further contended that court did not have jurisdiction to try him as an adult; his rights to double jeopardy were violated as a result of his transfer to the Criminal Court; and he received ineffective assistance of trial counsel. On appeal, he claims the trial court erred in dismissing his petition without appointing counsel, without conducting a hearing, and by failing to make findings of fact and conclusions of law. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Lee Moore |
Lake County | Court of Criminal Appeals | 06/26/01 | |
| State vs. Frank Johnson
W2000-00386-CCA-R3-CD
The defendant was indicted by a Shelby County Grand Jury for driving while an habitual motor vehicle offender, felony evading arrest, and driving under the influence of an intoxicant, fourth offense (felony DUI), all charges arising from a single incident. The defendant pled guilty to driving while an habitual motor vehicle offender, a Class E felony, with punishment reserved until after trial of the other offenses. Following a jury trial, the defendant was found guilty of felony evading arrest, a Class E felony, not guilty of felony DUI, and sentenced to consecutive, six-year terms as a career offender for driving while an habitual motor vehicle offender and for felony evading arrest, resulting in an effective sentence of twelve years. The trial court also assessed fines of $2000 on each conviction. In this appeal as of right, the defendant argues that the evidence was insufficient as to the felony evading arrest conviction, that the jury should have been instructed as to lesser-included offenses, and that the sentences should not be served consecutively. Based upon our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/26/01 | |
| Donald Ferrell v. York Trucking, Inc.,
M2000-01350-WC-R3-CV
This workers' compensation appeal has been referred to theSpecial Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff had suffered an assault during the course and scope of his employment, which resulted in a permanent disability of 4 percent to the body as a whole as a result of a psychiatric injury. The trial judge also awarded the plaintiff temporary total disability, future medical benefits and other costs. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed JOHN K. BYERS, Sr. J., in which FRANK F. DROWOTA, III, J. and JOSEPH C. LOSER, JR., SP. J., joined. Robert J. Uhorchuk, Chattanooga, Tennessee, for the appellants, York Trucking, Inc. et al. H. Thomas Parsons, Manchester, Tennessee, for the appellee, Donald Ferrell. MEMORANDUM OPINION Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). Plaintiff's Biography The plaintiff was age fifty at the time of the trial. He had not completed the eighth grade in school. His work history consisted almost entirely of being a truck driver and tow-motor operator. He is married and does not have any children. History of Previous Injuries The plaintiff had a workers' compensation claim in 1982 and another in 1991. Each of these was settled. The 1991 injury occurred when the plaintiff fell from a truck of a previous employer. The plaintiff injured his neck, shoulder and lower back in that accident. Approximately nine months after the 1991 incident, the plaintiff developed a condition known as syncope, which is a fainting episode that results from coughing that causes restricted blood flow to a person's heart. In addition to the syncope, the plaintiff developed blurred vision, dizziness, headaches and depression. The episodes of fainting diminished somewhat prior to the injury in this case. The plaintiff testified the other symptoms he suffered never stopped bothering him. Discussion of Current Case This case arose out of an occurrence on July 15, 1997. The plaintiff and his wife, who drove with him because of his history of fainting, were in the course of their employment with the defendant employer. They stopped at a restaurant in Murfreesboro at approximately 3: a.m. The plaintiff and his wife went into the restaurant and got food to go. When they returned to the truck, the plaintiff's wife got into the truck and took the passenger's seat. The plaintiff testified he heard a noise at the back of the truck and went in that direction to investigate. The plaintiff said he heard something and turned and saw a man in a blue shirt. Then said the plaintiff, "my lights went out in Georgia." The plaintiff's wife did not see or hear anything occurring, but she became concerned when the plaintiff did not come into the truck. She testified she looked out toward the back of the truck and saw the plaintiff lying on the ground about half way down the length of the truck. She went to the plaintiff and held him in her lap. She got the attention of another truck driver who summoned aid from the restaurant. This driver left the area without being identified. An employee of the restaurant came out to help with the plaintiff and verified that the plaintiff was lying on the ground in an unconscious state. The only difference between the witness' testimony and that of the plaintiff's wife was that the restaurant employee said the plaintiffwas lying much nearer the driver door than did the wife. -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Jeffery Stewart, Chancellor |
Franklin County | Workers Compensation Panel | 06/26/01 | |
| Anthony Murray vs. Dewey Lineberry
M2001-00097-COA-R3-CV
This appeal arises from a defamation action. The appellant sued the appellee for slander after the appellee aired a series of political advertisements including statements about the appellant, a deputy sheriff. The Wilson County Circuit Court granted the appellee's motion for summary judgment. We affirm the trial court's decision.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Julian P. Guinn |
Wilson County | Court of Appeals | 06/26/01 | |
| State of Tennessee v. Joyce Ann Rice
W2000-01766-CCA-R3-CD
The defendant, a construction company payroll clerk, was convicted of fourteen counts of forgery, Class E felonies, and one count of theft of property over $1000, a Class D felony, for utilizing her position at the company to write and cash invalid checks on her employer's account. She was sentenced as a Range II, multiple offender to three years on each forgery conviction, and six years on the theft conviction, to be served concurrently for an effective sentence of six years. In this appeal as of right, the defendant argues that the trial court erred in allowing evidence of her prior crimes to be admitted at trial, and that the evidence was not sufficient to support her convictions. After a careful review, we conclude that the trial court did not err in allowing the State to impeach the defendant's credibility by questioning her about her prior convictions, and that the evidence was sufficient to support the jury's verdict. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Roger A. Page |
Madison County | Court of Criminal Appeals | 06/26/01 | |
| Karrie Gentry vs. Bryan Gentry
E2000-02714-COA-R3-CV
This is a divorce case. Karrie Beth Gentry ("Mother") was awarded primary residential custody of the parties' two minor children, and Bryan Keith Gentry ("Father") was ordered to pay child support of $2,100 per month. Father appeals, arguing that the trial court erred in imputing income to him for the purpose of determining child support. Because we find that the trial court properly calculated Father's income based upon what it found to be the only credible evidence presented at trial, we affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 06/26/01 | |
| John T. Bell, et al vs. Richard Gene Nolan, et al
M2000-02684-COA-R3-CV
The parents of a woman who died after being assaulted by her husband on the premises of an American Legion post filed a wrongful death claim, which named the husband and the American Legion post as defendants. The parents alleged that the Legion's employees had failed to render assistance to the injured woman. The trial court dismissed the complaint against the American Legion, reasoning that the surviving spouse is the only party entitled to maintain an action for the wrongful death of the other spouse. We reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 06/26/01 | |
| Mary Ella Franklin v. Troll Associates,
W1999-01164-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _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 twenty percent permanent partial disability to the right upper extremity for a wrist injury and an additional twenty percent permanent partial disability to the right upper extremity for a shoulder injury. Defendant appealed the decision of the trial court. We affirm and modify the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed and Modified DON R. ASH, SP. J., in which JANICE M. HOLDER, J., and JOHN K. BYERS, SR. J., joined. Ralph T. Gibson, Memphis, TN, for the Appellant, Troll Associates, et al. Matthew S. Russell and John L. McWhorter, Memphis, TN, for the Appellee, Mary Ella Franklin. MEMORANDUM OPINION History Plaintiff, Mary Franklin ("Franklin"), filed a Complaint for workers' compensation benefits on May 3, 1996. The trial was heard on June 23, 1999. At the conclusion of the proof, the trial court awarded Franklin twenty percent permanent partial disability to the right upper extremity for her wrist injury and an additional twenty percent permanent partial disability to the right upper extremity for her shoulder injury. Defendants, Troll Associates and Liberty Mutual Insurance Co., appeal the decision of the trial court. For the reasons discussed below, we affirm and modify the decision of the trial court. Facts Franklin was employed at Troll Associates, Inc. ("Troll"), from September 1993 until November 1994. During her employment Franklin operated a plastic packaging and sealing machine and did some line work. Franklin would package approximately 2, packages on an average workday. Franklin's job also required her to do some repetitive lifting. Franklin began to experience pain in her right arm and shoulder. Subsequently, Franklin reported her injuryto her supervisor, who referred her to Dr. Phillip Mintz for treatment. Next, Dr. Mintz referred Franklin to an orthopedic doctor, and she was sent to Dr. Riley Jones. Dr. Jones saw Franklin concerning her complaints. She was given pain medication and sent back to work. On November 28, 1994 Dr. Jones opined Franklin had reached maximum medical improvement. Later Franklin returned to Dr. Jones with the same complaints. Dr. Jones then conducted an EMG and diagnosed her with carpal tunnel syndrome and recommended surgery. On January 3, 1995, Franklin underwent right endoscopic carpal tunnel release and right DeQuervains release. Before and after the surgery Franklin testified she told Dr. Jones of her concerns about her shoulder. On April 1, 1995, Dr. Jones stated that Franklin was ready to return to work. Dr. Jones found no permanent partial impairment as a result of Franklin's carpal tunnel injury and surgery. Further, Dr. Jones found no permanent partial impairment related to Franklin's shoulder because he never treated her for the injury. Subsequently, Franklin went to Dr. Wilkinson and complained of pain over the back of her right shoulder. Dr. Wilkinson could not find a relationship between her shoulder pain and her carpal tunnel injury. He gave Franklin a three percent permanent partial impairment to her right upper extremity as a result of the residual from her carpal tunnel syndrome. Finally, an unauthorized physician, Dr. Aronoff, examined Franklin. Franklin did not seek approval from Troll before she incurred these additional medical costs. Dr. Aronoff diagnosed Franklin with a chronic rotator cuff, tendinitis, impingement syndrome, and an arthritic AC joint. On May 6, 1996, Dr. Aronoff performed successful surgery on Franklin's shoulder. Dr. Aronoff gave Franklin a permanent partial impairment to the right upper extremity of ten percent. Further, Dr. Aronoff gave Franklin a separate ten percent permanent partial impairment rating for the residual from her carpal tunnel syndrome. Dr. Aronoff further opined that Franklin's injuries were consistent with her work history dealing with repetitive overhead lifting. Medical Evidence At trial the evidentiary deposition testimony of Dr. Jones, Dr. Wilkinson, and Dr. Aronoff were entered into evidence. Dr. Jones never treated Franklin for the shoulder injury, and Dr. Wilkinson testified there was no relationship between the Franklin's carpal tunnel injury and her -2-
Authoring Judge: Don R. Ash, Sp. J.
Originating Judge:D.J. Alissandratos, Chancellor |
Franklin County | Workers Compensation Panel | 06/26/01 | |
| State vs. Reginald Terry
W2000-00090-CCA-R3-CD
The Defendant was convicted by a Shelby County jury of attempted aggravated burglary. The Defendant was sentenced as a Range I, standard offender to three years incarceration. The Defendant now appeals, arguing that (1) in spite of his untimely motion for a new trial, this Court should consider each issue he has presented on appeal, (2) there was insufficient evidence to support a conviction against the Defendant for attempted aggravated burglary, (3) the trial court erred in refusing to instruct the jury on the lesser-included offenses of aggravated criminal trespass and criminal trespass, (4) the trial court made an improper comment on the evidence in violation of the Tennessee Constitution, and (5) the trial court erred in allowing in rebuttal proof of other crimes committed by the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 06/26/01 | |
| State of Tennessee v. Rhonda Grills
E2000-01031-CCA-R3-CD
The defendant, Rhonda Grills, was convicted of facilitation of the felony rape of a child less than 13 years of age. The trial court imposed a Range I sentence of 10 years. The defendant was fined $25,000.00. In this appeal of right, the defendant challenges the sufficiency of the evidence. Because the evidence is adequate to support the facilitation of the rape of a child, the judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 06/26/01 | |
| Volunteer Investments, Inc. vs. Feller Brown Realty & Auction Co., et al
M2000-02644-COA-R3-CV
A developer who purchased three real estate tracts at auction filed suit to rescind the purchase on the grounds of misrepresentation or mutual mistake. The trial court dismissed his complaint. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/26/01 | |
| Jerry Brooks vs. Melissa Ibsen, et al
E2000-02870-COA-R3-CV
Jerry Brooks ("Plaintiff") contracted with Joe Ibsen d/b/a Century Wholesale Pool Supply, Inc. ("Defendant"), for the installation of a swimming pool. Plaintiff received a limited warranty. After the swimming pool developed several cracks and the parties could not reach agreement on the proper way to repair the pool, Plaintiff had the pool repaired in the manner recommended by an engineer he had retained. This lawsuit followed. The Trial Court awarded Plaintiff $61,531.28 in damages. We reduce the judgment to $51,371.28 and affirm as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Billy Joe White |
Union County | Court of Appeals | 06/25/01 | |
| Michael T. Burum v. Bnfl, Incorporated and Hartford
E2000-01383-WC-R3-CV
This workers' compensation appeal has been referred to the SpecialWorkers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 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 the plaintiff, who fell at work, permanentpartial disabilityof 5 percent to the left leg. We affirm the decision of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed JOHN K. BYERS, SR. J., in which E. RILEY ANDERSON, C. J., and ROGER E. THAYER, SP. J., joined. Robert R. Davies, Knoxville, Tennessee, for the appellants, BNFL, Inc. and Hartford Insurance Company. Roger L. Ridenour, Clinton, Tennessee, for the appellee, Michael T. Burum. MEMORANDUM OPINION Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). Plaintiff's History The plaintiff, thirty-nine years of age at the time of trial, is a high school graduate. He attended classes at Tennessee Technical Institute and the University of Tennessee where he studied computer science. The plaintiff also served for eight years in the United States Armed Forces working in communications, computers, radios and electrical repair. The plaintiff's job history consists of work as a machine operator, a service desk employee and a paper technician with a large paper manufacturer. The plaintiff worked for the defendant, who contracted with the K-25 facility for waste management, as a waste management employee. On November 2, 1998, the plaintiff was carrying out his duties for the defendant when he fell and twisted his knee. The plaintiff eventually underwent surgery on the left knee. He testified the knee still causes him problems, and he can no longer participate in activities or work as before the injury. Discussion The trial court's decision in this case appears to be based mainly on the testimony of the plaintiff. Where the trial judge has made a determination based upon the testimony of witnesses whom he has seen and heard, great deference must be given to that finding in determining whether the evidence preponderates against the trial judge's determination. See Humphrey v. David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). When the trial judge sees and hears the witnesses, it is not for this Court to determine whether a witness has so far destroyed his credibility by inconsistent statements that the trial judge is unable to give credence to any of the witness' testimony. The trial judge's finding of fact in this regard is conclusive if there is any evidence to support it. Walls v. Magnolia Truck Lines, Inc., 622 S.W.2d 526 (Tenn. 1981). In this case, the trial court made no specific finding regarding the plaintiff's credibility or lack thereof. We find nothing in the record to undermine the trial court's decision to credit the testimony of the plaintiff. Both parties in this action agreed at trial that a worker does not have to show vocational disability or loss of earning capacity to be entitled to the benefits for the loss of use of a scheduled member. Duncan v. Boeing Tenn., Inc., 825 S.W.2d 416 (Tenn. 1992). However, the plaintiff may provide such proof to the court as a factor for the court to consider when determining loss of use. In this case, the plaintiff testified as to the loss of use of his leg. He stated he did not believe he could do jobs he had previously done; he also testified he could no longer participated in sports_baseball, basketball, softball_as he had previously done. The plaintiff testified he could neither sit nor walk for long periods of time without pain and told the trial court that the injury bothered him "pretty much all the time." The plaintiff's testimony is unrefuted; the defendants offered no rebuttal proof at trial regarding the plaintiff's testimony about his vocational prospects -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:James B. Scott, Judge |
Knox County | Workers Compensation Panel | 06/25/01 | |
| Tonya Sexton vs. Hartco Flooring Co.
E2000-02489-COA-R3-CV
The Trial Court granted defendant summary judgment on plaintiff's claims of sexual harassment and retaliatory discharge from employment. On appeal, we affirm judgment on the sexual harassment claim, but vacate and remand on claim of retaliatory discharge.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 06/25/01 | |
| Johnson City, TN vs. Steven Taylor & Elease Taylor
E2000-02491-COA-R3-CV
In this condemnation action, defendants attempted to appeal during pendency of the action in the Trial Court. This Court determined there was no basis to treat the issue as either an interlocutory appeal or extraordinary appeal, and dismissed appeal.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 06/25/01 | |
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Supreme Court | 06/25/01 | ||
| State of Tennessee v. Takeita M. Locke
E2000-00923-CCA-R3-CD
The defendant was convicted in the Knox County Criminal Court of especially aggravated robbery and felony murder. She timely appealed, arguing that the State had failed to show that statements she gave while a juvenile were admissible, that the trial court erred in not instructing as to lesser-included offenses or that the jury must find whether felony murder was a "natural and probable consequence" of especially aggravated robbery, and that the evidence was insufficient to sustain the convictions. Based upon our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 06/25/01 | |
| Franklin Parton v. State of Tennessee
E2000-01511-CCA-R3-CD
The petitioner/appellant, Franklin Parton, filed a pro se "Petition for Writ of Habeas Corpus" in the Knox County Criminal Court, which was dismissed by the trial court without an evidentiary hearing. Petitioner filed a motion for reconsideration and for treatment of the petition as a petition for writ of error coram nobis. This motion was also summarily denied by the trial court. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 06/25/01 | |
| State of Tennessee v. Kenneth S. Griffin
E2000-02471-CCA-R3-CD
Defendant, Kenneth Griffin, was found guilty of burglary (Class D) and theft (Class D) following a bench trial. He was sentenced as a career offender on each conviction to twelve (12) years incarceration, and the sentences were ordered to be served consecutively. The Defendant, with counsel, appealed the conviction raising the sole issue of the sufficiency of the evidence. This court affirmed. State v. Kenneth S. Griffin, C.C.A. No. 03C01-9811-CR-00406, 1999 Tenn. Crim. App. LEXIS 1316, Knox County (Tenn. Crim. App., Knoxville, Dec. 27, 1999). Subsequently, Defendant timely filed a petition for post-conviction relief alleging, apparently among other issues, that he received ineffective assistance of counsel on appeal because appellate counsel did not raise as an issue the consecutive sentencing ordered by the trial court. The post-conviction court, in a written order, granted Defendant a "delayed appeal" as "authorized under TENNESSEE CODE ANNOTATED SECTION. 40-30-213." The post-conviction court's order limited the delayed appeal to the sole issue "of the correctness of [defendant's] sentence." However, the post-conviction court, while impliedly finding ineffective assistance of counsel for not raising the sentencing issue on direct appeal, made no finding that the Petitioner was prejudiced by the deficient representation. In any event, we find that the granting of a delayed appeal from the original conviction is not authorized by statute, and accordingly, this appeal from the sentence imposed in the original convictions is dismissed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 06/25/01 | |
| State of Tennessee v. Ricky Eugene Cofer
E2000-01499-CCA-R3-CD
The defendant, Ricky Eugene Cofer, was convicted of aggravated robbery. The trial court imposed a Range II sentence of 15 years. In this appeal of right, the defendant contends that his indictment for aggravated robbery was legally insufficient; that the evidence was insufficient to convict; and that his trial counsel was ineffective. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/25/01 | |
| Hopewell Baptist Church vs. Southeast Window Mfg. Co., et al
E2000-02699-COA-R3-CV
Hopewell Baptist Church brought suit against defendant Southeast Window Mfg. LLC., alleging that it was a successor corporation and liable under a contractual warranty given by its predecessor. The Trial Court ruled that the defendant was a successor corporation and had expressly or impliedly assumed the obligations under its predecessor's warranty through the acts of its agent. We reverse.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/25/01 | |
| Danny Middleton v. Porcelain Products Company
E2000-01464-WC-R3-CV
The employee appeals and contends the trial court erred (1) in finding his medical impairment to be eleven percent instead of eighteen percent to the body, (2) in concluding that he has employment opportunities available locally, and (3) in failing to consider economic feasibility in determining local employment opportunities. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Daryl Fansler, Chancellor |
Knox County | Workers Compensation Panel | 06/25/01 | |
| Shirley Breeding vs. Robert Edwards, et al
E2000-01900-COA-R3-CV
We are asked to decide whether the Supreme Court's decision in the case of Brown v. Wal-Mart Discount Cities, 12 S.W.3d 785 (Tenn. 2000), is applicable to a case in which a plaintiff seeks to recover under the uninsured motorist provisions of its policy based upon the alleged negligence of an unknown motorist, the existence of whom is first asserted by a named defendant. In the instant case, a vehicle driven by the plaintiff Shirley Irene Breeding was struck by a vehicle driven by the defendant Robert Lewis Edwards and owned by the defendant Johnston Coca Cola Bottling Group, Inc. ("Johnston"). She filed a complaint against these defendants within the period of the statute of limitations and secured the service of process upon her uninsured motorist ("UM") carrier, the appellee Farmers Insurance Exchange ("Farmers"). Outside the period of the statute of limitations, the defendants amended their answer to allege that an unknown motorist caused or contributed to the accident. Within 90 days, Breeding amended her complaint to add John Doe, i.e., the unknown driver, as a party defendant. Farmers moved to dismiss the claim against it. It relied on Brown, a slip and fall case. The trial court agreed with Farmers and dismissed Breeding's claim. Breeding appeals, asserting, inter alia, that Brown does not apply to the instant case. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 06/22/01 | |
| Harry M. Pack vs. Tina Lewin Ponak
M2000-02285-COA-R3-CV
The Lincoln County Circuit Court granted the appellee's motion for summary judgment allowing the sale of real property held as joint tenants with the right of survivorship. We find, however, that whether there is an agreement not to partition the property is a disputed question of fact. We reverse the trial court and remand for further proceedings in accordance with this opinion.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Lee Russell |
Lincoln County | Court of Appeals | 06/22/01 | |
| Brenda Hinton vs. Carey Stephens
W2000-02727-COA-R3-CV
This appeal arises from a dispute between relatives over a parcel of real property. Although the parties executed a contract which stated that the purchase price was due in one year, the parties disregarded the contract language for eleven years. The trial court ruled that the parties had acquiesced in the extension of the contract and that they were now estopped to deny the contract's validity. As a result, the trial court ordered that the home be sold as per the terms in the contract. For the following reasons, we affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
McNairy County | Court of Appeals | 06/21/01 |