APPELLATE COURT OPINIONS

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Bickford vs. Bickford

01A01-9711-CH-00645
Rutherford County Court of Appeals 04/29/98
State vs. Harry McLemore

02C01-9711-CC-00436
Lauderdale County Court of Criminal Appeals 04/29/98
State vs. Anderson

03C01-9703-CC-00093

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 04/29/98
Jimmy H. Vaughn, v. Mary Runyon Vaughn

01A01-9707-CV-00347

The trial court found that there had been a change of circumstances and increased Jimmy Hunter Vaughn’s [husband’s] alimony obligation to Mary Runyon Vaughn [wife] from $400.00 per month to $600.00 per month. The court also found that husband should pay $350.00 as reasonable attorney fees to wife’s attorney

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Muriel Robinson
Court of Appeals 04/29/98
IN RE: Swanay

03A01-9712-PB-00542

Originating Judge:Inman
Court of Appeals 04/29/98
Northcott vs. Dept. of Correction

01A01-9707-CH-00355

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/29/98
State vs. Fowler

03C01-9709-CC-00391

Originating Judge:J. Curwood Witt
Jefferson County Court of Criminal Appeals 04/29/98
Allman vs. Allman

M1997-00251-COA-R3-CV
This appeal involves a dispute over the interpretation of a provision in the marital dissolution agreement giving the wife an automobile but requiring the husband to continue making the car payments. After the automobile was totally destroyed in a one-vehicle accident, the wife's insurance company paid the balance remaining on the car loan. After the husband refused to pay the wife an amount equal to the balance of the car loan, the wife filed a petition in the Circuit Court for Sumner County seeking to hold him in contempt. Following a bench trial, the trial judge ordered the husband to pay the wife $7,644.22 representing the balance of the loan when the automobile was destroyed, as well as $1,355 for her legal expenses. We have determined that the marital dissolution agreement allocated the risk of loss of the automobile to the wife and, therefore, reverse the $7,644.22 judgment. We have also determined that the $1,355 judgment must be vacated and that the case should be remanded for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas Goodall
Sumner County Court of Appeals 04/29/98
State vs. James Crawford

02C01-9712-CR-00471
Shelby County Court of Criminal Appeals 04/29/98
03A01-9708-CV-00377

03A01-9708-CV-00377
Court of Appeals 04/29/98
State vs. McKee

03C01-9603-CR-00092
Court of Criminal Appeals 04/28/98
Branum vs. Akins

03A01-9709-CH-00418
Hamilton County Court of Appeals 04/28/98
Pritchett vs. Pritchett

03A01-9708-CH-00362
Sullivan County Court of Appeals 04/28/98
Jarrett vs. Starkey

03A01-9706-JV-00223
Hamilton County Court of Appeals 04/28/98
Swoffard vs. Del Pino-McClarty

03A01-9707-CV-00454
Hamilton County Court of Appeals 04/28/98
State vs. Kelani Mayer

W1999-00613-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 04/27/98
State vs. Cattone

03S01-9706-CR-00075

Originating Judge:Mayo L. Mashburn
Supreme Court 04/27/98
Carroll Edward Mumpower v. City of Erwin, Tennessee

E2000-00698-WC-R3-CV
The issue raised on appeal is whether the filing of a complaint by plaintiff Mumpower within one year after discovering his current medical condition to be causally related to an earlier accident is time-barred and cause for dismissal of this suit. The trial court found equitable estoppel not implicated and the fact that in 1998 plaintiff received additional information that his 1992 injury was worse than originally believed did not serve to extend the operation of the statute of limitations. We affirm the judgment of the court.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Jean A. Stanley, Circuit Court Judge
Knox County Workers Compensation Panel 04/27/98
Barry Sawyer vs. First TN Bank, et al

02A01-9704-CV-00079

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Appeals 04/27/98
JoAnn Duckett vs. Fox Fire Apt., et al

02A01-9709-CV-00215

Originating Judge:Whit A. Lafon
Madison County Court of Appeals 04/27/98
Hon. Frank v. Williams,

03S01-9708-CH-00093
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, Benjamin K. Reed, has appealed from a ruling of the trial court dismissing his claim for benefits as a result of an accident while working for defendant, Mueller Company. The trial court found the employee had failed to establish that his back injury was caused by the accident at work on July 26, 1994. Since the case was dismissed, there was no ruling on the employer's defenses of lack of proper notice and the expiration of the one year statute of limitations. Employee Reed was 44 years of age at the time of the trial and had completed the 12th grade. He had some trade school education and was employed by defendant as an industrial maintenance technician. On the day in question, he was carrying a "hulk gun" when he stepped on a metal grate and received an electrical shock. He stated it threw him into a beam causing an injury to his back. A co-worker, Dennis Disney, was nearby and saw the accident. Plaintiff testified he notified his supervisor about the accident and also discussed it with the company nurse. He continued to work and later saw Dr. Celeste Long; he did not improve and went to see his family doctor, David C. Conner; Dr. Conner eventually referred him to Dr. Paul A. Blackstone; he remained off work from sometime in January 1995 to March 1995; Dr. Blackstone diagnosed his problem as a ruptured disc; he did not improve and ceased working during September 1995. Plaintiff has seen numerous doctors during 1994-1996. Surgery was performed on October 14, 1995 by Dr. Scott D. Hodges to remove the ruptured portion of the disc. He did not get much relief from this surgical procedure and was operated on again by Dr. Blackstone on May 3, 1996 to remove the whole disc. At the trial below, he stated he was still having a lot of pain. During his examination, he admitted he was drawing company related disability benefits while he was off from work. He admitted that he had never requested his employer to furnish him a doctor and that the first time his employer was aware he was insisting his claim was work- related was when the suit was instituted on January 24, 1996. He also stated he had 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. R. Vann Owens,
Knox County Workers Compensation Panel 04/27/98
State vs. Lavender & Hobbs

01S01-9704-CR-00088
Davidson County Supreme Court 04/27/98
State vs. Byrd

03S01-9705-CR-00057

Originating Judge:Rex Henry Ogle
Supreme Court 04/27/98
Earhart vs. City of Bristol

03S01-9709-CH-00116
Supreme Court 04/27/98
State vs. Byrd

03S01-9705-CR-00057

Originating Judge:Rex Henry Ogle
Supreme Court 04/27/98