APPELLATE COURT OPINIONS

Please enter some keywords to search.
Mildred Johnson and Gary Johnson, v. Charles T. Cantrell and Patricia Cantrell

01A01-9712-CV-00690

Plaintiffs Mildred and Gary Johnson appeal an order of the trial court granting summary judgment in favor of Defendants Charles T. and Patricia Cantrell. For the reasons set forth below, we affirm the trial court’s ruling.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 01/07/99
Florence Howard v. Jimmie Howard

02A01-9608-CV-00175

Defendant Jimmie Howard (Husband) appeals the trial court’s order denying his motion to set aside the final divorce decree previously entered by the court. We affirm the trial court’s judgment based on our conclusion that the record contains insufficient evidence to support the Husband’s motion to set aside.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge James E. Swearengen
Shelby County Court of Appeals 01/05/99
Hale v. Athens Stove Works

03S01-9708-CH-00104
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. The employee, Gregory Hale, has perfected an appeal from a decision of the trial court which declined to modify and increase an award of 25% permanent partial disability to the body as a whole. Plaintiff began working for defendant, Athens Stove Works, in 1987 and sustained an on-the-job injury during 1988 which resulted in surgery on his back for a disc problem. His doctor gave him a 15% medical impairment and the court awarded 25% disability to the body as a whole, etc. After being off from work for about eleven months, he returned to work performing the same duties. On about April 17, 199, while working as a welder, he sustained another injury to his back. A trial was conducted on June 4, 1993 which resulted in an additional award of 25% permanent partial disability to the body as a whole. A judgment for this award was entered on August 13, 1993. Before the judgment became final, plaintiff filed a motion for a new trial and/or to alter the judgment seeking to increase the award based on newly discovered medical evidence. The record indicates there were no further hearings until July 1997 when the court reconsidered the case by reviewing additional medical records of the treating physician and plaintiff's testimony and determined it was not appropriate to adjust or alter the award of disability. At the trial for the second and last injury, plaintiff testified he was 34 years of age and was a high school graduate. He said he also had some vocational- technical school training and possessed a drafting license. He stated that after the 199 injury, he continued to do light work (mostly sweeping) until about June 22, 199, when he was terminated because his employer stated there was no work available which he could do in his condition. The record indicates he has not worked since leaving employment with defendant. He told the court he was in a great deal of pain and could not sit or stand for any prolonged period of time and that he had to take medication regularly to mask the pain. His complaints of pain were to his low back and leg. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Earl H. Henley,
Knox County Workers Compensation Panel 01/04/99
Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr., Director of the Division of Workers Compensation, Tennessee Dept of Labor - Concurring

03S01-9608-CH-00086

I concur in the majority's holding that this case falls within the purview of Tenn. Code Ann. § 50-6-208(a). I, however, continue to adhere to my dissent in Bomely v. Mid-America Corp., 970 S.W.2d 929 (Tenn. 1998), in which I concluded that Tenn. Code Ann. § 50-6-208(a) is applicable when there is a subsequent injury and the employee is rendered permanently and totally disabled. Subsection (b), however, should apply only when the employee is still able to earn a wage or be gainfully employed but has received compensable vocational disabilities that exceed 100 percent or 400 weeks of compensation

Authoring Judge: Justice Janice M. Holder
Supreme Court 01/04/99
Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr. Director Chancellor of the Division of Worker's Compensation Fund, Tennessee Department of Labor

03S01-9608-CH-00086

In this workers’ compensation action, the trial court determined that Wayne Eldred Hill, the employee, was permanently and totally disabled. Pursuant to Tenn. Code Ann. § 50-6-208(a), the court apportioned 10 percent of the award to the employer and 90 percent of the award to the Second Injury Fund. The case was referred to the Special Workers’ Compensation Appeals Panel for findings of fact and conclusions of law pursuant to Tenn. Code Ann. § 50-6-225(e). The Appeals Panel modified the award by apportioning 65 percent to the employer and 35 percent to the Second Injury Fund pursuant to Tenn. Code Ann. § 50-6-208(b).

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Chancellor Frederick K. McDonald
Knox County Supreme Court 01/04/99
01C01-9607-CC-00139

01C01-9607-CC-00139

Originating Judge:Jim T. Hamilton
Lawrence County Court of Criminal Appeals 12/31/98
James Thomas Jefferson vs. State

01C01-9711-CR-00538

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 12/31/98
Bruce Little vs. State

01C01-9710-CR-00461
Davidson County Court of Criminal Appeals 12/31/98
William Winchester vs. Christy Little

02A01-9806-CV-00158

Originating Judge:Julian P. Guinn
Madison County Court of Appeals 12/31/98
James Thomas Jefferson vs. State

01C01-9711-CR-00538

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 12/31/98
Annaco Inc. vs. John Corbin

02A01-9804-CH-00111

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 12/31/98
William Winchester vs. Christy Little

02A01-9806-CV-00158

Originating Judge:John Franklin Murchison
Madison County Court of Appeals 12/31/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 12/31/98
Jean Dotson vs. Amanda Blake

02A01-9804-CV-00117

Originating Judge:William B. Acree
Weakley County Court of Appeals 12/31/98
Kenneth Culbert v. Carter County, Tennessee

03A01-9801-CV-00018

The appellant, Mr. Kenneth Culbert, appeals from an order of the Circuit Court of Carter County granting Carter County’s motion to dismiss or for summary judgment of Mr. Culbert’s appeal of a decision of the Carter County Planning Commission by a writ of certiorari.
 

Authoring Judge: Presiding Judge Houston M. Goddard
Carter County Court of Appeals 12/31/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Hamilton County Court of Appeals 12/31/98
State vs. Terry Smith

01C01-9609-CC-00404

Originating Judge:Allen W. Wallace
Cheatham County Court of Criminal Appeals 12/31/98
Bobby Rushing vs. Robert Daniel

02A01-9711-CH-00278

Originating Judge:R. Lee Moore Jr.
Dyer County Court of Appeals 12/31/98
State vs. Alberta Beard, et al

02A01-9806-JV-00159

Originating Judge:J. Weber Mccraw
Fayette County Court of Appeals 12/31/98
State vs. Isaiah Higgs

02C01-9801-CR-00021

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 12/31/98
State vs. Tony Young

02C01-9801-CR-00010
Shelby County Court of Criminal Appeals 12/31/98
01C01-9607-CC-00139

01C01-9607-CC-00139

Originating Judge:Jim T. Hamilton
Lawrence County Court of Criminal Appeals 12/31/98
Bruce Little vs. State

01C01-9710-CR-00461

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 12/31/98
State vs. Vickie Herron/Wanda Griffin

02C01-9702-CR-00067
Shelby County Court of Criminal Appeals 12/31/98
State vs. Kevin Abston

02C01-9807-CR-00212
Shelby County Court of Criminal Appeals 12/30/98