APPELLATE COURT OPINIONS

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State vs. Harold Shaw

01C01-9707-CR-00259

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 10/21/98
Ronald Thomas vs. State

01C01-9709-CR-00407

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 10/21/98
Rita Trull v. Kentucky Lake Oil Co.

02S01-9707-CV-00062
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. C. Creed
Henry County Workers Compensation Panel 10/21/98
Frederick B. Ingram v. William F. Earthman

01A01-9510-CH-00439

This appeal involves a dispute between two former friends and business associates over a sizeable personal debt. After one of the friends failed to repay a $1,700,000 loan, the friend who had loaned the money filed suit in the Chancery Court for Davidson County seeking to recover the loan and interest. The borrower asserted that the lender had delayed too long in filing suit and counterclaimed for allegedly unpaid compensation and retirement benefits. A jury awarded the lender $5,667,122.84 on the debt, and the trial court, with the parties’ consent, awarded the lender an additional $400,000 for his legal expenses. On this appeal, the borrower raises numerous issues relating to the denial of his motions for directed verdict, the adequacy of the jury instructions, the instructions limiting the use of the evidence of the lender’s prior criminal conviction, and the excessiveness of the verdict. We have determined that the judgment should be affirmed.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 10/21/98
Young vs. Young

01A01-9801-CH-00047

Originating Judge:John W. Rollins
Coffee County Court of Appeals 10/21/98
Ford vs. Ford

01A01-9611-CV-00536

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 10/21/98
State vs. Timothy Henderson

01C01-9801-CC-00001
Marshall County Court of Criminal Appeals 10/21/98
Holifield vs. Campbell

01A01-9806-CH-00291

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/21/98
Beal vs. Sloan

01A01-9801-CV-00024

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 10/21/98
Elizabeth A. Wilson v. Worthco, Inc., et al

02S01-9712-CH-00113
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 trial judge found the plaintiff had suffered a compensable injury and entered a judgment in her favor of 5 percent vocational impairment to the body as a whole. The defendant raises the following issues: I. Whether the trial court erred in rejecting Defendant's Motion to Dismiss on grounds that the statute of limitations had expired prior to the filing of Plaintiff's claim. II. Whether the trial court erred in finding that Plaintiff's alleged injury was compensable and not a non-compensable aggravation of a pre-existing condition. III. Whether the trial court erred in finding that the Plaintiff sustained a fifty percent (5%) permanent partial disability to the body as a whole. We affirm the judgment of the trial court. 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).
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. William Michael Maloan,
Wilson County Workers Compensation Panel 10/21/98
Robbie Bickers v. Cigna Insurance Company

02S01-9710-CH-00097
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 complaint filed by the plaintiff, Robbie Bickers, alleges that on February 24, 1996 he was injured while employed for Parsec, Inc. at its Memphis, Tennessee rail yard. The complaint further charges that, as a result of the accident, he sustained injuries to his arms, chest, neck, and back. After considering the evidence, the chancellor found that the plaintiff failed to carry the burden of proof and rendered judgment in favor of the defendant, CIGNA Insurance Company, which is the workers' compensation carrier for the plaintiff's employer. In his only issue, the plaintiff states: Whether the proof supports a finding that the plaintiff suffered a compensable injury to his right wrist for which he retains permanent impairment. Since the issue presented to us questions only the action of the trial judge in failing to compensate plaintiff for permanent impairment to the right wrist, we will not elaborate in this opinion on the evidence concerning the other alleged injuries of the plaintiff. On February 24, 1996, plaintiff was operating a "yard mule," which is a half- truck. While removing heavy loads from a railcar, a container box separated from the frame, lifting plaintiff's truck-tractor rig off the ground and then slamming it back on the ground, allegedly injuring the plaintiff. The plaintiff was taken to the St. Joseph Hospital emergency room in Memphis and was treated briefly by Drs. Vernon Miller and Thomas Fowlkes. These doctors later referred the plaintiff to Dr. Mark Harriman, an orthopedic surgeon, who continued to treat the plaintiff. He was later examined by Dr. Joseph C. Boals, on two occasions. The plaintiff testified that because of his wrist injury, he had a lack of grip and "catching." He stated that due to this he could not use a hammer or turn wrenches. He also complained of difficulty with his back and shoulder. 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. D. J. Alissandratos, Chancellor
Shelby County Workers Compensation Panel 10/21/98
State vs. Mickey White

02C01-9804-CC-00103

Originating Judge:Jon Kerry Blackwood
McNairy County Court of Criminal Appeals 10/20/98
State vs. Wanda Harris

02C01-9803-CC-00087

Originating Judge:William B. Acree
Obion County Court of Criminal Appeals 10/20/98
Mierzejewski vs. BS

03A01-9802-CH-00044
Hamilton County Court of Appeals 10/20/98
State vs. Paul Epps

02C01-9712-CC-00487

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 10/20/98
State vs. Troy Noles

01C01-9710-CR-00470
Macon County Court of Criminal Appeals 10/19/98
State vs. Quintero and Hall

01S01-9703-CC-00068
Humphreys County Supreme Court 10/19/98
State vs. Shirley Double

01C01-9704-CR-00156
Overton County Court of Criminal Appeals 10/19/98
01S01-9711-CH-00248

01S01-9711-CH-00248
Williamson County Supreme Court 10/19/98
State vs. Roberts

03C01-9707-CR-00259
Sullivan County Court of Criminal Appeals 10/19/98
State vs. Williams

03S01-9706-CR-00060
Hamilton County Supreme Court 10/19/98
State vs. Anthony Cole

02C01-9711-CC-00445

Originating Judge:Lee Moore
Dyer County Court of Criminal Appeals 10/19/98
State vs.Frank Hill

01C01-9708-CC-00344
Montgomery County Court of Criminal Appeals 10/19/98
01S01-9705-CH-00110

01S01-9705-CH-00110

Originating Judge:Robert S. Brandt
Supreme Court 10/19/98
03S01-9706-CR-00068

03S01-9706-CR-00068
Supreme Court 10/19/98