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| Catherine Mayo v. Lumbermens Mutual Casualty Co.
02S01-9807-CH-00076
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. On or about August 24, 1993, the plaintiff, Catherine Mayo, was engaged in her regular employment duties as manager for Pizza Hut, when she suffered total permanent disabling injuries. An armed robber inflicted a massive shotgun blast to the plaintiff's entire abdomen. On August 11, 1997, the plaintiff filed a Petition for Approval of Final and Lump Sum Settlement under the Workers' Compensation Law. The trial court entered an order approving the final and cash lump sum settlement, awarding total permanent disability benefits at the maximum rate of recovery through age 65 pursuant to Tenn. Code Ann. _ 5-6-27, and lifetime future medical expenses. However, judgment was reserved for a later determination by the trial court on the issue of the medical provision of a heated hydrotherapy pool to be installed at the plaintiff's residence. Prior to May 11, 1998, the plaintiff submitted to the trial court medical reports of two physicians in support of her request for an in-home hydrotherapy pool. On May 11, 1998, the trial court considered the merits of plaintiff's motion. On June 29, 1998, the trial court entered an order denying the request for the medical apparatus, more specifically described as the in-ground heated hydrotherapy pool. Since the plaintiff is making a most unusual request that the defendant install an in- ground hydrotherapy pool at her residence as a medical apparatus that is medically necessary, it is beneficial to set forth the underlying facts of this request. At the time of this unfortunate event, the plaintiff, age 47, was a resident of Jackson, Tennessee, but now resides in Buffalo, New York, where she has family support. The shotgun blast injured the plaintiff's chest, solar plexus, abdomen, abdominal wall, and side. Dr. Joseph Spychalski, the treating physician, found that the plaintiff sustained a complete obliteration of the anterior abdominal musculature, and that, as a consequence, she lacks the ability to efficiently sit, transfer, ambulate, bend, or lift. The plaintiff will require lifelong physical therapy to maintain her back muscles and range of motion. Due to the shotgun blast, the 2
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 05/28/99 | |
| James Alford v. Bruce Hardwood Floors
02S01-9808-CH-00083
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 05/28/99 | |
| Advanced Sales vs. Wilson Co.
01A01-9805-CH-00245
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 05/28/99 | |
| Buford vs. Cunningham
01A01-9806-CH-00325
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/28/99 | |
| State vs. Lowell Clayton Gredig, Jr.
03C01-9801-CC-00017
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/28/99 | |
| Mark S. Miller vs. State
03C01-9803-CR-00108
|
Knox County | Court of Criminal Appeals | 05/27/99 | |
| State vs. Joel Guilds
01C01-9804-CC-00182
|
Williamson County | Court of Criminal Appeals | 05/27/99 | |
| Southers vs. Southers
03A01-9802-CV-00001
|
Sullivan County | Court of Appeals | 05/27/99 | |
| State vs. Stanley Abell
02C01-9805-CR-00129
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/27/99 | |
| State vs. Charles Bledsoe
02C01-9809-CC-00269
|
Madison County | Court of Criminal Appeals | 05/27/99 | |
| Jenny C. Walker vs. James M. Walker
M2001-00087-COA-R3-CV
After the parties separated, the husband borrowed a substantial amount of money to complete the renovation of marital property and to pay household expenses. The trial court divided the marital property pursuant to divorce, classifying the husband's post-separation loans as marital debt. The wife argues on appeal that the trial court erred in its classification and division of the post-separation debts. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 05/27/99 | |
| State vs. Stanley Abell
02C01-9805-CR-00129
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/27/99 | |
| David A. Roettger v. Metro Government of Nashville & Davidson County, et al
01S01-9805-CH-00089
Authoring Judge: Per Curiam
Originating Judge:Hon. Carol L. Mccoy |
Davidson County | Workers Compensation Panel | 05/27/99 | |
| STS/BAC Joint Venture v. The City of Mt. Juliet
M2003-00171-COA-R3-CV
The developer of a planned Wilson County subdivision sought damages for a temporary taking, claiming that the City of Mt. Juliet interfered with the completion of the project by arbitrarily refusing to grant necessary permits. The trial court granted summary judgment to Mt. Juliet, in part on the ground that the statute of limitations had passed on the developer's claim for relief. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Charles K. Smith |
Wilson County | Court of Appeals | 05/26/99 | |
| James Harold Register vs. State
01C01-9605-CC-00199
|
Bedford County | Court of Criminal Appeals | 05/26/99 | |
| In the Matter of: M.C.G.
01A01-9809-JV-00461
Originating Judge:Andrew J. Shookhoff |
Davidson County | Court of Appeals | 05/26/99 | |
| Charles Bobo vs. State
03C01-9802-CR-00064
Originating Judge:R. Jerry Beck |
Washington County | Court of Criminal Appeals | 05/26/99 | |
| James E. Kenner vs. State
01C01-9709-CR-00424
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 05/26/99 | |
| Tabor vs. Eakin
03A01-9902-CV-00043
|
Knox County | Court of Appeals | 05/26/99 | |
| Amy Decker vs. Carroll Academy
02A01-9709-CV-00242
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 05/26/99 | |
| State vs. David Gribble
03C01-9810-CC-00350
|
Blount County | Court of Criminal Appeals | 05/26/99 | |
| State vs. Ronnie Garner
01C01-9806-CC-00258
|
Franklin County | Court of Criminal Appeals | 05/26/99 | |
| Lessley vs. Shope
01A01-9805-CV-00233
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 05/26/99 | |
| Hennigan vs. Hennigan
01A01-9807-CH-00380
Originating Judge:Tyrus H. Cobb |
Bedford County | Court of Appeals | 05/26/99 | |
| C&C Aluminum Builders Supply vs. Rynd
01A01-9804-CH-00225
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 05/26/99 |