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| State vs. Stanley Warren Mills
03C01-9810-cr-00368
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Hamilton County | Court of Criminal Appeals | 07/13/99 | |
| Day vs. GMAC
03A01-9811-CV-00372
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Court of Appeals | 07/13/99 | ||
| State vs. Russell Overby
02C01-9810-CC-00321
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Hardin County | Court of Criminal Appeals | 07/13/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Scott County | Court of Appeals | 07/13/99 | |
| Harvey vs. Ford Motor Credit
03A01-9807-CV-00235
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Court of Appeals | 07/13/99 | ||
| Derryberry vs. Derryberry
03A01-9801-CV-00023
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Court of Appeals | 07/13/99 | ||
| Bullard vs. Scott
03A01-9809-CH-00310
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Hamilton County | Court of Appeals | 07/13/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Anderson County | Court of Appeals | 07/13/99 | |
| Pertew vs. Pertew
03A01-9711-CH-00505
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Sullivan County | Court of Appeals | 07/13/99 | |
| Fair vs. Fulton
03A01-9812-CV-00422
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Court of Appeals | 07/13/99 | ||
| State vs. Merrian Logan
02C01-9808-CC-00232
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 07/13/99 | |
| State vs. Charles Smith
02C01-9805-CR-00128
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Shelby County | Court of Criminal Appeals | 07/12/99 | |
| William Hall vs. Don Shaw
02A01-9810-CH-00288
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 07/12/99 | |
| Doris Howard v. Sterling Plumbing Group, Inc.
02S01-9811-CH-00107
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This worker's compensation suit was brought by Doris Howard, widow of Paul Howard, deceased, for the use and benefit of herself and the two minor children of the plaintiff, and Paul Howard, deceased. The trial court found for the plaintiff, holding that her husband, Paul Howard, suffered a compensable heart attack arising out of and in the course of his employment for the defendant. The court held that the heart attack resulted in the death of Mr. Howard and awarded benefits accordingly. In its only issue, the defendant says that the plaintiff did not prove by a preponderance of the evidence "that the claimants heart attack was precipitated by physical activity or exertion or physical strain associated with claimant's job." After considering the record, we find that the judgment of the trial court must be affirmed. Except for the medical evidence, there is no substantial conflict in the evidence. The plaintiff, the employee's widow, testified that Mr. Howard was 6'1" tall, 42 years of age, and weighed 168 pounds on October 1, 1995, when he died at work. He had high blood pressure and cholesterol. On October 1, 1995, the deceased left home to go to work at approximately 6:1 p.m. He was a maintenance employee for the defendant. Later, he telephoned his wife, and they had a normal conversation, Mr. Howard was in a good humor and laughing. He told his wife that at that time he was cleaning. Glen Page, testified that he worked in the maintenance department of the defendant corporation with Mr. Howard. They worked together on the evening of October 1, 1995. They weren't busy in the maintenance department, so they did some cleanup work involving sweeping. Mr. Howard was using a pushbroom that measured from 14 to 18 inches wide. Mr. Page testified that sweeping with the pushbroom was not strenuous work and that he and Mr. Howard could take a break when they desired. Mr. Page was called to the telephone and was gone for about twenty minutes. When he returned, Mr. Howard was lying on the floor. He had turned blue, and the pushbroom was on the floor two or three feet from him. Dr. Robert D. Dodds, II, a cardiologist, testified by deposition. On October 1, 1995, he was called in his capacity as the medical examiner for Obion County to observe Mr. 2
Authoring Judge: Hon. William Michael Maloan, Chancellor
Originating Judge:Hon. William Michael Maloan, |
Obion County | Workers Compensation Panel | 07/12/99 | |
| Wiley Hutcherson vs. Rozell Carter
02A01-9807-CH-00216
Originating Judge:Wil V. Doran |
Lauderdale County | Court of Appeals | 07/12/99 | |
| GRE Insurance Group vs. Reed
01A01-9806-CH-00300
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 07/12/99 | |
| Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032
|
Supreme Court | 07/12/99 | ||
| State vs. Douglas Rains
02C01-9808-CC-00249
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Benton County | Court of Criminal Appeals | 07/12/99 | |
| State vs. Christopher D. Smith
03C01-9807-CR-00270
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 07/12/99 | |
| State vs. Delfro Willis
02C01-9810-CC-00336
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Madison County | Court of Criminal Appeals | 07/12/99 | |
| Graham, et al vs. Edmondson
01a01-9809-CH-00482
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Appeals | 07/12/99 | |
| Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032
|
Court of Appeals | 07/12/99 | ||
| Willette Newsom v. Murray, Inc.
02S01-9811-CH-00110
This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is a carpal tunnel syndrome case. Upon hearing the evidence, the trial court found that plaintiff suffered a 6 percent permanent partial disability to her right arm and a 35 percent permanent partial disability to her left arm. Defendant, Murray, Incorporated, appealed the judgment. The sole issue on appeal is whether the trial court's award is excessive. After careful review of the record, we find that the evidence does not preponderate against the trial court's award. Therefore, the judgment of the trial court is affirmed. At the time of trial, plaintiff, Willette Newsom, was a 5 year old mother of three with a Bachelor of Science degree in business education. However, her previous work experience did not involve the use of her degree but consisted of employment as a file clerk, a restaurant employee, in home health services, and as a nurse's assistant at a nursing home. She began working for Murray in 1993 on the assembly line. She was subsequently transferred to the parts and service department for approximately two and one half years before being put back on the assembly line. Her job duties on the assembly line included repetitious use of her hands while tightening screws into motors with a power gun. After a few months back on the assembly line, she experienced a sharp pain in her right hand, which she reported to her employer. She was sent to Dr. Bingham for treatment and eventually to Dr. Lowell F. Stonecipher when she did not improve. Plaintiff first saw Dr. Stonecipher, an orthopedic surgeon, on October 11, 1996, when Dr. Bingham's conservative treatment of plaintiff's moderately severe carpal tunnel syndrome was ineffective in relieving her symptoms. On November 13, 1996, Dr. Stonecipher performed an endoscopic carpal tunnel release on plaintiff's right hand. On November 26, plaintiff was released to light duty with restrictions on lifting more than twenty pounds. Because she was doing well in January, Dr. Stonecipher released plaintiff to regular duty on January 17, 1997, but advised her against the use of power tools. The 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 07/12/99 | |
| State vs. Douglas Rains
02C01-9808-CC-00249
|
Benton County | Court of Appeals | 07/12/99 | |
| Wanda Barker vs. James Barker
02A01-9808-CH-00222
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 07/12/99 |