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| State vs. Lewis L. Bell a/k/a Lewis Coleman a/k/a Lewis Ingram
01C01-9807-CR-00279
|
Davidson County | Court of Criminal Appeals | 05/26/99 | |
| Cox v. Hartford Accident
03S01-9706-CH-00063
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. After conducting two separate hearings on this case, the trial court found that the plaintiff was totally and permanently disabled. The trial court further held that the insurance carrier would be liable for 75 percent of the plaintiff's disability and the Second Injury Fund would be liable for 25 percent of the plaintiff's disability. The Second Injury Fund presents the following issues for our review: I. Whether obesity is a compensable preexisting permanent physical disability to warrant recovery from the Second Injury Fund under Tenn. Code Ann. _ 5-6-28(a). II. Whether the trial [court] erred in holding the Fund liable for 25% of the award. We reverse the judgment of the trial court holding the Second Injury Fund liable and dismiss the Second Injury Fund from this case. BACKGROUND ON THE FIRST HEARING At the time of the first hearing on June 14, 1994, the plaintiff was 33 years of age, stood over six feet tall, and weighed close to 4 pounds. He testified that most of his family is overweight and that he has always been a large person. The plaintiff's wife testified that her husband has lost some weight in the past but that he has always been heavy. After graduating from high school, the plaintiff's employment history included working as a small engine repairman, heavy equipment operator, carpenter, factory worker, meat processor, sewing machine operator, and tire builder. The plaintiff eventually returned to school and obtained an associate's degree in accounting from Draughon's College. Draughon's College placed the plaintiff with Monday Realty, where he worked over four years as a bookkeeper three days a week and as a maintenance worker two days a week. When the plaintiff was hired by Monday Realty, he weighed approximately 31 pounds. He testified that he had some normal limitations due to his weight and that his employer made accommodations for him in that respect. For example, the plaintiff did not have to do any roofing work or crawl under houses. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 05/26/99 | |
| James Harold Register vs. State
01C01-9605-CC-00199
|
Bedford County | Court of Criminal Appeals | 05/26/99 | |
| Davis vs. Inman, et al
01A01-9706-CH-00254
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 05/25/99 | |
| Mason et al vs. Metro Development
01A01-9806-CH-00283
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/25/99 | |
| Forklift Systems vs. Werner Enterprises
01A01-9804-CH-00220
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/25/99 | |
| State vs. Freddie Pollard
02C01-9802-CR-00042
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 05/25/99 | |
| Willie J. Odom vs. State
03C01-9803-CR-00107
|
Knox County | Court of Criminal Appeals | 05/25/99 | |
| State vs. Eugene Kerrent
02C01-9809-CC-00288
|
Madison County | Court of Criminal Appeals | 05/25/99 | |
| State vs. Holly Ralston
03C01-9803-CR-00099
|
Anderson County | Court of Criminal Appeals | 05/25/99 | |
| Damron vs. Media General et al
01A01-9805-CV-00251
Originating Judge:Lee Russell |
Lincoln County | Court of Appeals | 05/25/99 | |
| State vs. Gary Sanders
02C01-9902-CC-00045
|
Lauderdale County | Court of Criminal Appeals | 05/25/99 | |
| 03C01-9801-CR-0043
03C01-9801-CR-0043
|
Court of Criminal Appeals | 05/25/99 | ||
| Lautenbach vs. Lautenbach
01A01-9710-CH-00595
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Appeals | 05/25/99 | |
| State vs. Rogers
02S01-9804-CR-00035
|
Supreme Court | 05/24/99 | ||
| Estate of Bonnie Spalding
02A01-9807-PB-00183
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 05/24/99 | |
| Brooks vs. Carter
02S01-9903-CV-00023
|
Shelby County | Supreme Court | 05/24/99 | |
| Marcus vs. Marcus
02S01-9804-CH-00036
|
Shelby County | Supreme Court | 05/24/99 | |
| Marcus vs. Marcus
02S01-9804-CH-00036
|
Shelby County | Court of Appeals | 05/24/99 | |
| Sanjurjo et al vs. Woods
03S01-9901-CH-00001
|
Supreme Court | 05/24/99 | ||
| State vs. Walter Wilson
W2001-01463-CCA-R3-CD
Walter Wilson, the defendant, was convicted of second-degree murder, felony murder, and attempted especially aggravated robbery by a Shelby County jury. The jury sentenced the defendant to life without the possibility of parole for the felony-murder conviction, and the trial court imposed a consecutive, ten-year sentence in the Department of Correction for the attempted especially aggravated robbery. On appeal, the defendant contends that the evidence was insufficient to support his convictions, that applicable lesser-included offenses were not charged to the jury, and that consecutive sentencing is inappropriate because he is not a dangerous offender. We affirm the attempted especially aggravated robbery conviction, but we reverse and remand for a new trial on the homicide counts based on the failure to instruct on lesser-included offenses.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/22/99 | |
| Farrar vs. Segroves
01A01-9808-CH-00443
Originating Judge:Tyrus H. Cobb |
Bedford County | Court of Appeals | 05/21/99 | |
| Stanley Powell vs. State
01C01-9804-CC-00169
Originating Judge:William B. Cain |
Giles County | Court of Criminal Appeals | 05/21/99 | |
| State vs. Richard M. & Edith L. Parrott
03C01-9709-CR-00408
Originating Judge:Edgar P. Calhoun |
Sullivan County | Court of Criminal Appeals | 05/21/99 | |
| State vs. Mason Thomas Wilbanks and Steve A. Williams
01C01-9804-CR-00184
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 05/21/99 |