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| Olympia Child Development Center, Inc. et al vs. City of Maryville
E2000-02124-COA-R3-CV
The suit filed in this tort action originally sought a judgment against the defendant, City of Maryville ("the City"), for damages allegedly sustained by four plaintiffs when a van owned by the plaintiff Olympia Child Development Center, Inc. ("Olympia"), and driven by the plaintiff Lisa K. Murphy was struck by a vehicle driven by Rodney Parton, an off-duty police officer employed by the City. The trial court granted the City summary judgment as to the claims of the remaining plaintiffs, Olympia and Murphy, finding that their claims are barred by the doctrines of collateral estoppel and modified comparative fault. Only Olympia appeals. We affirm the grant of summary judgment, but base our affirmance on a ground other than the one utilized by the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 02/13/01 | |
| Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co.
E2000-02059-COA-R3-CV
Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co. ( Concur/Dissent) View
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/13/01 | |
| Larry Wakefield vs. Kimberly Longmire
E2000-01450-COA-R3-CV
This litigation arose out of an accident involving a vehicle owned by Anderson County and being driven at the time of the accident by an employee of the County. The employee sued the driver of the other vehicle involved in the accident. Incident to his original filing, the employee secured service of process on the County's liability insurance carrier, for the purpose of invoking the uninsured motorist coverage of the County's policy. The defendant, Kimberly D. Longmire, filed an answer. She did not seek to impose liability on the employee or the County. Following a jury verdict for the employee in the amount of $641,000, the trial court ruled that the employee's recovery against the uninsured motorist carrier was not capped at $130,000, the limit of the County's liability for an individual claim under the Governmental Tort Liability Act. The carrier, whose policy provided for $1,000,000 of uninsured motorist coverage, appeals, claiming that its obligation under the policy, despite the higher contract limit, is capped at $130,000. The plaintiff contends that the carrier did not appeal from a final order and that its appeal is frivolous. We affirm but do not find the carrier's appeal to be frivolous.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/13/01 | |
| Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co.
E2000-02059-COA-R3-CV
Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co. ( Concur/Dissent) View
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/13/01 | |
| Roy Malone vs. Harleysville Mutual In. Co.
E2000-01308-COA-R3-CV
This matter involves a dispute concerning a fire and casualty insurance policy ("Policy") which covered an apartment complex, Star Chase Apartments. Harleysville Mutual Insurance Company ("Defendant") was the insurance carrier, and the named insured was John L. Oliver, LLC ("Oliver"). A fire in one of the apartment buildings caused substantial damage. Approximately six months later, Oliver sold Star Chase to Roy M. Malone, Sr. ("Plaintiff"), prior to starting any repairs to the burned building. Oliver also assigned to Plaintiff his right to the proceeds under the Policy, and Defendant acknowledged this assignment. The Trial Court found that Plaintiff, as Oliver's assignee, was entitled to recover the replacement cost of the burned building, plus prejudgment interest. The Trial Court denied Plaintiff recovery for business loss. Plaintiff appeals the amount awarded to him as the replacement cost and the Trial Court's denial of any additional recovery for business loss. Defendant argues that the assignment of the "proceeds" to Plaintiff did not entitle Plaintiff to recover any amount as replacement cost for repairs done after the assignment. Defendant also objects to the amount of the replacement cost found by the Trial Court and to the awarding of prejudgment interest. We reverse the Trial Court's award of prejudgment interest and affirm all other aspects of the judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 02/12/01 | |
| In Re: Sierra Cheyenne Satterwhite
E2000-02107-COA-R3-CV
The Maternal Grandparents of the Minor Child filed a petition to terminate the biological father's and Mother's parental rights to Minor Child and to adopt her. The Minor Child, who was born out of wedlock, had lived with her Maternal Grandparents all of her life. She viewed her grandparents as her parents. Default judgment was granted against Mother. Father never supported the child and had limited visitation with her. The Trial Court terminated both the biological Father's and Mother's parental right's. Father appealed. We affirm the decision of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/12/01 | |
| Ralph Dean Pierce, Jr., et al v. Cincinnati Casualty Insurance Company, et al
M2000-00273-WC-R3-CV
In this case, the employer, appellant, contends that (1) the trial court erred in awarding permanent disability benefits for the right arm, and (2) the trial court's award of 62% permanent partial disability for employee's left arm was excessive. The employee contends that the award to the right arm was insufficient. For reasons stated below, the trial court is affirmed.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:Larry G. Ross, Judge |
Warren County | Workers Compensation Panel | 02/12/01 | |
| FTA Enterprises, Inc. vs. Pomeroy Computer Resources, Inc. & Daniel Cole
E2000-01246-COA-R3-CV
In this action for interference with business relations, interference with contract, breach of fiduciary duty, et., a jury awarded both compensatory and punitive damages in differing amounts against the defendants. The Trial Judge approved the jury verdicts and defendants have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 02/12/01 | |
| Harold Lovelace, D/B/A The Last Chance Club, et al vs. City of Knoxville
E2000-01609-COA-R3-CV
In this Declaratory Judgment action the Trial Court held portions of a City Ordinance unconstitutional relative to notice provisions, the term "open for business" and "open display". We affirm in part, reverse in part and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 02/12/01 | |
| State of Tennessee v. Stacey Philander Baldon
W2000-00524-CCA-R3-CD
Defendant was convicted by a Lauderdale County jury of possession of 0.5 grams or more of cocaine with intent to deliver, a Class B felony, and possession of drug paraphernalia, a Class A misdemeanor. In addition, defendant entered a guilty plea to felony possession of a firearm, a Class E felony. He was sentenced as a Range II, multiple offender, and received concurrent sentences of twelve years, eleven months and twenty-nine days, and two years respectively. Defendant raises the following issues for our review: (1) whether the trial court erred by denying his motion to suppress evidence seized pursuant to the search warrant; (2) whether the trial court erred by denying his request for a severance of defendants; (3) whether the trial court erred in excluding the prior recorded testimony of his co-defendant; (4) whether the trial court improperly allowed the arresting officer to testify as to his opinion regarding the veracity of co-defendant's admission; (5) whether the jury pool was tainted by statements of a potential juror; and (6) whether the state improperly exercised its peremptory challenges. Upon our review of the record, we find defendant's allegations to be without merit; thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 02/12/01 | |
| Dottie Lou Bell Hampton v. Henry I. Seigel Co., Inc.,
W2000-01272-WC-R3-CV
The employer and its insurer contend the employee's disability was caused by an independent intervening cause, namely a gradually occurring injury while working for a subsequent employer, and that the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 02/12/01 | |
| Vesta Mosley vs. Tennessee Water Service & Sales
E2000-01713-COA-R3-CV
In this appeal from the Circuit Court of Anderson County the Defendant/Appellant, Tennessee Water Service and Sales, Inc., appeals the Circuit Court's order which denied Tennessee Water's motion for a new trial and overruled its objection to entry of a final judgment in favor of Plaintiff/ Appellee, Vesta G. Mosley. It is our finding that Tennessee Water did not receive notice of the hearing which resulted in the final judgment against it and, therefore, we vacate such judgment and reverse the Circuit Court's order overruling Tennessee Water's objection to entry of the judgment and its motion for a new trial. We remand this cause for further proceedings consistent with this opinion.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/12/01 | |
| Mary Martin v. Catholic Mutual Group
M2000-00228-WC-R3-CV
The trial court awarded to the employee a forty (4%) percent vocational disability to each arm for the work related injury of bilateral carpel tunnel syndrome. No award of vocational disability was made to the claimant for bilateral epicondylitis and the trial court found evidence was insufficient to award future medical for epicondylitis. We affirm the findings of the trial court.
Authoring Judge: Tom E. Gray, Sp. J.
Originating Judge:James Weatherford, SR. J. by designation |
Montgomery County | Workers Compensation Panel | 02/12/01 | |
| Wallace Downey James, Jr. v. Tennsco Corporation, et al
M1999-01088-WC-R3-CV
Appellant presents one issue to be determined and that is whether the trial court erred in finding that the appellant did not carry the requisite burden of proof in establishing that he sustained a compensable workers' compensation injury. In addition to the issue raised by Appellant, Appellee presents to the Court the issue of whether the employee's appeal should be dismissed for failure to comply with the Rules of Appellate Procedure. While the deficiencies are serious violations of the Rules of Appellate Procedure, the issue raised by the Appellant has been thoroughly reviewed by the panel, and the judgment of the trial court is affirmed.
Authoring Judge: Tom E. Gray, Sp. J
Originating Judge:Leonard W. Martin, Chancellor |
Dickson County | Workers Compensation Panel | 02/12/01 | |
| Judy (Kendrick) Shoemake vs. Timothy Lee Kendrick
E2000-01318-COA-R3-CV
In this appeal from the Chancery Court for Hamilton County the Appellant, Judy (Kendrick) Shoemake questions whether the Trial Court erred in granting a petition to modify custody filed by the Appellee, Timothy Lee Kendrick, and whether the Trial Court erred in its determination of the amount due her for child support arrearage and unreimbursed medical expenses paid by her on behalf of the parties' minor children. We reverse in part, modify in part and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against Judy (Kendrick) Shoemake and Timothy Lee Kendrick equally.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William M. Dender |
Hamilton County | Court of Appeals | 02/12/01 | |
| Luke Keeling v. Florida Steel, Now Known As Ameristeel
W1999-00433-WC-R3-CV
The defendant appeals from the trial judge's finding that: the plaintiff sustained an injury within the course and scope of his employment; that he suffered a thirty-five percent vocational disability; and that he did not have a meaningful return to work. The defendant also appeals the trial court's holding that it was not entitled to a set off for funds paid to the plaintiff under a self-insurance plan. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 02/12/01 | |
| Vernon West v. State of Tennessee
W1999-01604-CCA-R3-PC
Vernon West appeals the Shelby County Criminal Court's dismissal of his petition for post-conviction relief. West collaterally attacks his conviction for second degree murder upon the grounds of ineffective assistance of counsel. Specifically, he contends that trial counsel was ineffective for failing to file a motion to sever, for failing to investigate the case and for failing to call two witnesses to testify at trial. After review of the record, we affirm the trial court's denial of post-conviction relief.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 02/12/01 | |
| Nikki F. Nelson v. Magnetic Separation Systems, Inc., and
M1999-02009-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The employee contends the Chancellor erroneously: [1] considered as substantive evidence the medical report of Dr. Miller; [2] failed to find her elbow, shoulder, neck and spine disabilities were caused by her work, and therefore [3] rendered an inadequate award. As discussed below, the panel concludes that the parties offered voluminous medical records, including those of Dr. Miller, which were, without objection or limitation, treated by the parties throughout the trial as substantive evidence. The chancellor properly treated those reports as substantive evidence. The panel further concludes the chancellor's decision limiting the award to work-related disability to the hands and wrists is supported by a preponderance of the evidence, and that the award of 2 percent disability to both arms should be affirmed in all respects. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOHN A. TURNBULL, Sp. J., in which FRANK F. DROWOTA , III, and FRANK G. CLEMENT, JR.,, Sp.J., joined. Peter D. Heil and Michael A. Friedland, Alan Wise, Stillman, Karr, & Wise, Nashville, TN, for the appellant, Nikki F. Nelson Sean Antone Hunt, Spicer, Flynn & Rudstrom, PLLC, Nashville, TN, for the appellees, Magnetic Separation Systems, Inc. and Travelers Insurance Co. MEMORANDUM OPINION Nikki Nelson worked for Magnetic Separation Systems as an electronics technician, a job which included assembling electronic devices. Her job included some highly repetitive work with screwdrivers and other hand tools. There is a significant dispute in the testimony and other evidence as to whether the tasks required hand and wrist activity which were both forceful and repetitive. Live demonstrations of the tasks required and a video tape of the assembly work were a part of the evidence at trial. Ms. Nelson was not a happy employee. Her 18 month tenure with her employer was marked with numerous inter-office memos demonstrating a deteriorating relationship with her supervisors, and dissatisfaction by the employer with the quantity and quality of Ms. Nelson's work. During her last months of work for MMS, Ms. Nelson began having hand and wrist problemsand reported: "My hands and wrists were hurting from doing coil bobbins all day. Normally I would work until my hands fell off, but being put on 3 days probation and all, my husband told me to go to the doctor." The first among many doctors who treated Ms. Nelson was Dr. David McCoy, her family doctor, who first saw her on February 5, 1995. Clinical testing and the history related by Ms. Nelson caused Dr. McCoy to form the opinion that she had work-related carpal tunnel syndrome. Ms. Nelson then selected Dr. Jack Miller, an orthopaedic surgeon, from a list of doctors furnished by MMS. Dr. Miller treated her from February 14, 1995 until September, 1996. On his initial examination, Dr. Miller, based on Ms. Nelson's complaints of rather severe pain in both wrists together with positive Phalen sign and Tinel sign, diagnosed carpel tunnel syndrome and referred her to a neurologist for EMG testing. Dr. Miller was "shocked" that Ms. Nelson's initial EMG was normal and elected not to perform carpel tunnel release surgery at that time, but instead, Dr. Miller treated Ms. Nelson conservatively with physical therapy and cortisone injections. Dr. Miller directed that she not work. When Ms. Nelson's symptoms did not improve, Dr. Miller, in March, 1995, thought "carpel tunnel release is going to be justified, being recommended even though EMG's are normal." The employer then referred Ms. Nelson to Dr. Stephen Pratt for a second opinion. Dr. Pratt was "most certain that it is not carpel tunnel syndrome" and did not recommend carpel tunnel release surgery. Upon receiving Dr. Pratt's report, Dr. Miller elected not to proceed with surgery at that time. Dr. David Gaw did an independent medical exam in October, 1995, and agreed with Dr. Miller that Ms. Nelson had carpal tunnel syndrome, and recommended that she have surgery, even without a positive EMG. Dr. Miller again examined Ms. Nelson in October of 1995, and "strongly recommended carpal tunnel release" because of her persistent, long-standing complaints and clinical symptoms. Not satisfied to authorize surgery, the worker's compensation insurer, Travelers, sought a fourth opinion from Dr. Michael Milek who examined Ms. Nelson in January, 1996. Dr. Milek found "classic" carpel tunnel compression phenomena" and opined that "in all likelihood, she does have bilateral carpel tunnel compression." He recommended a repeat electrical study, and if "the electrical study is abnormal, then I would recommend carpel tunnel release." Finally, in May, 1995, surgery was authorized by Travelers, and bilateral carpel tunnel release surgery was performed on May 8, 1996, by the company doctor, Dr. Jack Miller, who noted during surgery that "the median nerve did not appear to be significantly altered." In subsequent visits in May, June, July, September of 1996, Ms. Nelson reported serially to Dr. Miller "her pain is 95 -2-
Authoring Judge: John A. Turnbull, Sp. J.
Originating Judge:Hon. Irvin Kilcrease, Jr., Judge |
Davidson County | Workers Compensation Panel | 02/12/01 | |
| John Edward Whitaker v. Lear Corporation
E2000-00060-WC-R3-CV
The appellant-employer appealed the trial court's ruling awarding appellee-employee 6 percent permanent partial disability to each arm. Appellant argues the award of disability is excessive and should be reduced. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Kindall T. Lawson, Circuit Judge |
Knox County | Workers Compensation Panel | 02/12/01 | |
| Felipe Aguirre v. James and Patsy Chambers, d/b/a Big C
E2000-00980-WC-R3-CV
Plaintiff Felipe Aguirre suffered the loss and amputation of his arm as a result of a traffic accident allegedly occurring in the course of his employment with defendant. The circuit court found the accident to be unconnected to his employment and dismissed his suit. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:O. Duane Sloan, Circuit Judge |
Knox County | Workers Compensation Panel | 02/12/01 | |
| Tommy C. Smith v. Continental Casualty Ins. Company and Leggett and Platt, Inc., et al
M2000-00574-WC-R3-CV
The plaintiff, Tommy C. Smith, appeals the judgment of the Chancery Court of Rutherford County where the trial court found that the plaintiff failed to carry his burden of proof that he sustained a compensible injury as defined by Tennessee Code Annotated _ 5-6-12(12). For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:Don R. Ash, Chancellor |
Smith County | Workers Compensation Panel | 02/12/01 | |
| Gerald Atkins v. Wozniak Industries, Inc.,
W2000-00665-WC-R3-CV
Employee suffered a brown recluse spider bite while at work. The incident resulted in infectious eczematoid dermatitis that affected his ability to work by causing swelling, interfering with sweating, severe itching and required employee to be cautious of overheating from direct rays of sunlight, justifying an award of forty percent to the body as a whole.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:George R. Ellis, Chancellor |
Gibson County | Workers Compensation Panel | 02/12/01 | |
| State of Tennessee v. Kevin Wayne Brim
M1999-01925-CCA-R3-CD
The defendant appeals from the revocation of his probation, contending that the trial court erred in ordering consecutive sentences. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 02/09/01 | |
| Barbara Jo Heck, et al v. City of Sevierville
E2000-00464-COA-R3-CV
In this suit the Plaintiffs seek damages for injuries received by Barbara Jo Heck when she slipped on a patch of ice and fell on property owned by the City of Sevierville. The Trial Court found that the City had no actual or constructive notice of the presence of the ice causing Mrs. Heck to fall and, accordingly, dismissed the complaint. We affirm under Rule 10(a) of the Court of Appeals.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Rex Henry Ogle |
Sevier County | Court of Appeals | 02/08/01 | |
| State of Tennessee v. Tiffany R. Weatherspoon
W2000-00971-CCA-R3-CD
The defendant, Tiffany R. Weatherspoon, pled guilty in the Hardin County Circuit Court to the Class B felony of unlawful possession of over .5 grams of a Schedule II controlled substance, to wit: cocaine, with the intent to manufacture, deliver, or sell. She received the agreed-upon sentence of eight years, as a Range I offender, and a $2,000 fine. The trial court denied alternative sentencing and ordered that the defendant be incarcerated. She appealed, arguing that the court erred in denying alternative sentencing. Based upon our review, we affirm the order of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 02/07/01 |