APPELLATE COURT OPINIONS

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Barry W. Brasfield vs. Anesthesia Services, P.C.

03A01-9811-CH-00392
Sullivan County Court of Appeals 10/13/99
Jefferson County vs. The City of Morristown, et al

03A01-9810-CH-00331
Jefferson County Court of Appeals 10/13/99
Dora L. Selvy v. Christopher L. Vinsant, M.D., et al

03A01-9903-CV-00081
Authoring Judge: Herschel P. Franks, Judge
Originating Judge:Hon. Harold Wimberly,
Knox County Workers Compensation Panel 10/13/99
State vs. Donald K. Moore, Jr.

01C01-9809-CR-00362

Originating Judge:Thomas T. Woodall
Davidson County Court of Criminal Appeals 10/13/99
Michael J. Stegman vs. Rod Mills D/B/A Rods Towing

03A01-9902-CH-00076
Sevier County Court of Appeals 10/13/99
Dora L. Selvy vs. Christopher L. Vinsant, M.D., et al

03A01-9903-CV-00081
Court of Appeals 10/13/99
State vs. Kenneth Johnson

01C01-9809-CR-00372

Originating Judge:Thomas T. Woodall
Davidson County Court of Criminal Appeals 10/13/99
J. Craig Reed & Kristi L. Reed vs. Wally Conrad Construction

03A01-9807-CH-00210
Knox County Court of Appeals 10/13/99
William H. Horton vs. State

01C01-9704-CR-00132

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 10/13/99
Ronald Stephen Satterfield, Sr. vs. Gary Long & Richard Smith

03A01-9805-CV-00162
Knox County Court of Appeals 10/13/99
State vs. Delbert G. Mosher

01C01-9807-CC-00320

Originating Judge:Buddy D. Perry
Franklin County Court of Criminal Appeals 10/13/99
Ronald Stephen Satterfield, Sr. vs. Gary Long & Richard Smith

03A01-9805-CV-00162
Court of Appeals 10/13/99
Teresa D. Gillenwaters vs. James E. W. Gillenwaters III

03A01-9812-GS-00409
Court of Appeals 10/13/99
Tommy Lee Kelley vs. State

01C01-9811-CR-00452
Davidson County Court of Criminal Appeals 10/13/99
Kim Nuchols (Walker) vs. Benny Nuchols

03A01-9901-GS-00007
Court of Appeals 10/13/99
State vs. Guy William Rush

03C01-9805-CR-00193

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 10/13/99
Sinclair vs. State of TN

01A01-9901-BC-00018
Court of Appeals 10/12/99
01C01-9808-CR-00322

01C01-9808-CR-00322

Originating Judge:Steve R. Dozier
Davidson County Court of Criminal Appeals 10/12/99
Daniel L. Sanders vs. State

01C01-9712-CC-00586
Robertson County Court of Criminal Appeals 10/12/99
State vs. David E. Hancock

03C01-9808-CR-00278

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 10/12/99
Waddell Gray v. United Parcel Services, Inc., et al

02S01-9808-CV-00081
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. 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 court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found that the plaintiff sustained compensable injuries in July 1996 and was entitled to vocational disability awards of 2 percent to the body as a whole and 1 percent to each arm. The defendants present the following issue on appeal: "Did the trial court err in awarding the Plaintiff 2% impairment to the body as a whole and a 1% impairment to the right arm and 1% impairment to the left arm?" We modify the case and fix the permanent vocational disability based on the total injuries to the body as a whole in accordance with Tenn. Code Ann. _ 5- 6- 27(3)(C) at 3%. BACKGROUND At the time of trial, the plaintiff was 53 years of age and had been employed by UPS as a feeder driver for the past 29 years. Prior to that, he worked at Owens Illinois, a corrugated box company. He attended college for three years and served in the U.S. Marine Corps for six years. Prior to the injury in this case, he was in good health and had no pain that prevented him from performing any activities. As a feeder driver, the plaintiff was required to drive and deliver packages to various destinations. His job specifically involved coupling and uncoupling trailers. He explained that he would connect or disconnect trailers by using a dolly that weighed between 15-17 pounds. Mr. Carl McVay, the plaintiff's manager, 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Kay S. Robilio,
Shelby County Workers Compensation Panel 10/12/99
Marie Hawks v. Michael Greene, Comm. Dept of Safety

M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/12/99
State vs. Jason Kennedy Frazier

01C01-9812-CC-00484
Bedford County Court of Criminal Appeals 10/12/99
Marie Hawks v. Michael Greene, Comm. Dept of Safety

M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/12/99
State v. Erica Hartwell

W2001-03116-CCA-R3-CO
In this appeal the appellant, Erica J. Hartwell, contends that the Circuit Court of Tipton County, Tennessee, erred in denying her a writ of certiorari to review and vacate the orders of the Tipton County General Sessions Court revoking the appellant's probation. She maintains that the general sessions court conducted the probation revocation hearing without proper notice and without informing her of her right to an attorney at the hearing and her right to appeal. We hold that under the circumstances the writ of certiorari is not available. The judgment of the circuit court is therefore affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Joseph H. Walker, III
Tipton County Court of Criminal Appeals 10/12/99