Rebecca Fay Woods, Harry B. Woods, Jr. and Shirley Ann Woods, et. al. v. Harry B. Woods Plumbing Co., Inc., Harpeth Construction Co. and Travelers Insurance Co.
01S01-9606-CH-00124
We granted this workers' compensation appeal to address two issues: (1) whether the decedent's death arose out of and in the course of employment; and (2) whether the decedent was the initial aggressor; and if so, whether the aggressor doctrine precluded recovery. We find that the decedent's death arose out of and in the course of employment. As to the second issue, we hold the common law aggressor defense as it relates to workers' compensation claims under the Act is abolished in Tennessee and does not bar the decedent's recovery
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Irvin H. Gilcrease |
Supreme Court | 04/06/98 | ||
Juanita Mitchell, Personal Representative of the Estate of Billy Mitchell v. Sam Cole, Jr., Substitute Trustee, Estate of Prudence Reynolds and Gerald W. Pickens, Administrator
02S01-9703-CH-00020
This case presents for review the decision of the Court of Appeals that a debtor cannot collateraliy attack in state court an adjudication made in a Chapter 11 bankruptcy proceeding regarding the balance due on a deb owed by the debtor-bankrupt. The judgment of the Court of appeals is affirmed as modified.
Authoring Judge: Justice Lyle Reid
Originating Judge:Special Chancellor Russell Fowler |
Supreme Court | 04/06/98 | ||
Linda Lee Hollingsworth, v. James David Hollingsworth, Jr.
01A01-9706-CV-00252
In this divorce case, the defendant-counter claimant husband has appealed from the judgment of the Trial Court dismissing the husband’s counterclaim; granting the wife a divorce on grounds of inappropriate marital conduct, $750 per month alimony until her death or remarriage, and $10,000.00 attorneys fees; and dividing the marital estate.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 04/03/98 | |
Joseph Anthony Gannon and Gloria C. Gannon, et. al., v. Robert Koch and Deborah Koch, et. al.
01A01-9708-CH-00404
The defendants, Robert and Deborah Koch, have appealed from a non jury judgment that plaintiffs, Joseph and Gloria Gannon, have a private easement from their land across the land of
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Alex W. Darnell |
Montgomery County | Court of Appeals | 04/03/98 | |
Patty M. Richards v. O'Connor Management, Incorporated and Russ Hackett
01A01-9708-CV-00379
Plaintiff Patty M. Richards appeals the trial court’s order granting the motion for summary judgment filed by Defendants/Appellees O’Connor Management, Inc., and Russ Hackett.In entering summary judgment in favor of the Defendants, the trial court dismissed Richards’ claims for outrageous conduct and false imprisonment. We affirm in part, reverse in part, and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 04/03/98 | |
James B. Oliver v. Harriet C. Upton, et. al.
01A01-9705-CH-00197
Defendant Harriet C. Upton, now known as Harriet Cathey, appeals the trial court’s final judgment awarding Plaintiff/Appellee James B. Oliver the sum of $15,225.66, continuing in effect the lis pendens filed against the subject property pending Cathey’s satisfaction of the judgment, denying Cathey’s request for attorney’s fees, and assessing forty percent (40%) of the costs against Cathey. We affirm the judgment in part (with modifications), reverse in part, and remand for further proceedings.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/03/98 | |
Pamela K. Cole v. Baptist Hospital of Cocke County, Inc.
03S01-9701-CV-00015
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. _________________________________ Irvin H. Kilcrease, Jr., Special Judge CONCUR: ________________________________ John K. Byers, Senior Judge ________________________________ Adolpho A. Birch, Jr., Justice 2
Authoring Judge: Special Judge Irvin H. Kilcrease, Jr.
Originating Judge:Hon. Ben W. Hooper, Ii, |
Knox County | Workers Compensation Panel | 04/03/98 | |
Brian Keith Feather, v. Dolly Dekrafft Feather
01A01-9704-CH-00183
This somewhat protracted litigation began in August 1993 when Brian Keith Feather (Husband) filed for divorce from Dolly deKrafft Feather (Wife). A divorce decree was entered by the chancery court in September 1994, which, inter alia, dissolved the fifteen year marriage of the parties and determined custody of their four minor children. Separate orders pertaining to the case were entered by the trial court in August and October, 1995, respectively. Both parties appealed therefrom, but this Court in April 1996, determined that the parties’ respective appeals were from a nonfinal judgment. Litigation thereafter continued due to the parties’ filings of various petitions for contempt, to rehear and to modify custody. After additional hearings, the trial court entered its final judgment in December 1996 from which both parties have appealed.1 The primary issues before us concern the trial court’s decisions regarding child custody and classification and division of the marital estate. For the reasons hereinafter stated, we affirm as modified.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Buddy D. Perry |
Franklin County | Court of Appeals | 04/03/98 | |
Deborah Ellis v. Nat'L. Union Ins. and Sue Ann Head
03S01-9705-CH-00051
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer's insurer and the Second Injury Fund contend the evidence preponderates against the trial court's finding that the employee's asthma is compensable; and the employer's insurer contends the condition is not permanent. As discussed below, the panel concludes the judgment should be affirmed. At the time of the trial, the employee or claimant, Debra Ellis, was 44 years old. She has a high school education and some office and computer training, but has never done office work. She began working for National Union's insured, F. L. Industries, in 1971. Before that, she had worked for short periods of time as a cashier in a grocery store, as a sewing machine operator and in a beauty shop. She has worked for the employer as a packer and loader of electrical connectors and outlets. She ran a machine called an autobagger in the employer's Focus department when she became disabled to work because of asthma. The claimant was in good health when she began working for the employer at the age of 19, except for some upper respiratory problems from allergies during the spring and fall of the year. Since then, she has had pneumonia three times and two back injuries. She has received prior workers' compensation awards totaling eighty-eight and one-half percent to the body as a whole, but had returned to work following those illnesses and injuries without any respiratory restrictions. On April 11, 199, the claimant developed facial redness and swelling at work. Her symptoms disappeared and she returned to work the next day, but her symptoms returned after she began working. When her symptoms worsened to the point where one of her eyes swelled nearly shut and she felt as if she were sunburned, she was referred by the company nurse to a doctor, who hospitalized her. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Earl H. Henley, |
Knox County | Workers Compensation Panel | 04/01/98 | |
Christopher v. Sockwell
02S01-9705-CV-00047
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting of findings fact and conclusions of law. In this appeal, the employer, Witco Chemical Company and Witco Corporation ("defendant"), self insured, contends that the evidence preponderates against the trial court's award of eighty percent (8%) vocational disability to plaintiff, Alfred Edwards, computed at two and a half times the anatomical impairment rating of plaintiff's physician of thirty-two percent (32%). For the reasons set forth below, we affirm the judgment of the trial court as modified. Plaintiff, forty-nine years old at time of trial, had been an employee of defendant for 18 years. He had been performing the same job for defendant for almost 17 years. There is nothing in the record as to plaintiff's prior employment. Basically, plaintiff's job at defendant's plant entailed transferring hot oil from one processing vessel to another. As part of his normal routine, he was required to open and close several valves. Some valves operated by turning a round handle, others by pulling on sections of chain that would open and close a particular valve. In May, 1995, while in the process of transferring hot oil from one tank to another, hot oil bubbled up and splashed onto plaintiff's body. Plaintiff received severe burns on his arms, back, and abdomen, along with a small spot in front of his right ear. He required skin grafts to areas of his right arm and the right side of his stomach. The rest of his burns healed without requiring surgery. Plaintiff was treated by Dr. William Hickerson, a plastic surgeon, at the local burn center. Plaintiff was off work for approximately seven months. At the time of his deposition in November 1996, Dr. Hickerson testified that he was currently treating plaintiff for persistent healing problems and that in all likelihood plaintiff would need to undergo more
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. D'Army Bailey |
Shelby County | Workers Compensation Panel | 04/01/98 | |
Fannie B. Carter v. National Health Care Center, et al.
01S01-9704-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 of fact and conclusions of law. In this two-sided appeal, the plaintiff contends that the trial court erred in denying the recovery of incurred medical expenses; the defendant contends the trial court erred in granting the plaintiff temporary total benefits and permanent partial disability benefits. The focus of this dispute is plaintiff's employment application wherein, the defendant contends it was not correctly filled out by the plaintiff, and was materially misleading, and therefore the plaintiff is estopped from claiming benefits. In accordance with T.C.A. _ 56-225(e), the standard of review in this case is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings. It is the plaintiff's burden to show by the preponderance of the evidence that the evidence is otherwise in relation to the trial court's denial of medical benefits; likewise, it is the burden of the defendant to show that the court erred in granting the Plaintiff both temporary total benefits and permanent partial benefits. The panel concludes that the trial court's judgment approving temporary total benefits and permanent partial benefits was correct and should be affirmed. The panel, however, reverses the trial court in the denial of the medical benefits of two of plaintiff's treating physicians. Plaintiff, age 62 at the time of the trial and a divorced mother of six children has an eighth grade education and vocational training as a nurse's aide. Her first employment was domestic work in the homes of the other people and later in commercial pressing. Subsequently, the plaintiff worked for Genesco where she built and inspected shoes. During her employment with Genesco, plaintiff injured her neck and left her employment there. As a result of this injury at Genesco, plaintiff underwent surgery by Dr. Arthur Cushman for a ruptured disc. At the trial plaintiff testified that Genesco had told her she did not qualify for workman's compensation benefits. Later, however, plaintiff acknowledged that she hired an attorney and brought suit against Genesco for workman's compensation benefits. She was successful in obtaining benefits. 2
Authoring Judge: Hamilton
Originating Judge:Hon. F. Lee Russell |
Carter County | Workers Compensation Panel | 04/01/98 | |
Steven Cobb v. Joseph Vinson, Chairman LCRCF Disciplinary Board, et al. - Separately Concurring
02A01-9707-CV-00144
I agree with the majority’s analysis in this case. However, I concur separately to emphasize
Authoring Judge: Judge Holly Kirby Lillard
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Lake County | Court of Appeals | 04/01/98 | |
State vs. Elizabeth Ortiz
01C01-9607-CC-00284
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Montgomery County | Court of Criminal Appeals | 03/31/98 | |
Kenneth Cheatham vs . State
01C01-9703-CC-00109
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Criminal Appeals | 03/31/98 | |
State vs. Christopher Cavnor
02C01-9704-CR-00155
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
Peck vs. State
03C01-9611-CR-00402
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Sullivan County | Court of Criminal Appeals | 03/31/98 | |
State vs. Richard McKee
01C01-9606-CC-00278
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Criminal Appeals | 03/31/98 | |
State vs. Dennis England
01C01-9702-CR-00064
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Court of Criminal Appeals | 03/31/98 | ||
Hubert. Scott v. Kimberly-Clark Corporation
02S01-9709-CH-00077
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. In this case, the trial court found that the plaintiff suffered an injury to his back during the course and scope of his employment with the defendant. The trial court awarded the plaintiff 25 percent permanent partial disability to the body as a whole for the injury to the lumbar spine. The trial court also determined that the plaintiff's claim for the alleged hernia injury was not compensable under Tenn. Code Ann. _ 5-6-212(a). The defendant appeals and says that the trial court erred in determining that the plaintiff sustained 25 percent permanent partial disability to the body as a whole. The plaintiff appeals and says that the trial court erred in determining that the hernia injury was not compensable. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Floyd Peete, Jr., |
Scott County | Workers Compensation Panel | 03/31/98 | |
State vs. Thomas Matthews
02C01-9704-CR-00158
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
Robert Jones v. Vick Idles
E2001-02833-SC-S09-CV
We granted this appeal to determine whether the chancellor correctly granted a new trial after finding that the jury's allocation of ninety percent of the fault to the plaintiffs and ten percent of the fault to the defendant was against the weight of the evidence and that the evidence supported "a defense verdict for both sides." A majority of the Court of Appeals concluded that the chancellor correctly granted a new trial on both the plaintiffs' claim and the defendant's counterclaim and affirmed the judgment of the trial court. After reviewing the record and applicable authority, we agree with the Court of Appeals and hold that the chancellor properly granted a new trial after finding that the jury's allocation of fault was against the weight of the evidence in his role as the thirteenth juror. Accordingly, we affirm the judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:William E. Lantrip |
Anderson County | Supreme Court | 03/31/98 | |
State vs. Derrick McClure
02C01-9705-CR-00192
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
Vernon Newsom vs. State
01C01-9706-CR-00214
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Davidson County | Court of Criminal Appeals | 03/31/98 | |
State vs. Fain
03C01-9403-CR-00124
Originating Judge:Arden L. Hill |
Sullivan County | Court of Criminal Appeals | 03/31/98 | |
State vs. Charles Loveless
02C01-9706-CC-00219
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 03/30/98 |