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| 03S01-9704-PB-00042
03S01-9704-PB-00042
|
Supreme Court | 03/30/98 | ||
| State vs. James Hayes
02C01-9610-CC-00326
|
Lake County | Court of Criminal Appeals | 03/30/98 | |
| TN. Consumer Advocate vs. TN. Regulatory Authority
01S01-9706-BC-00141
|
Supreme Court | 03/30/98 | ||
| Pamela D. Smith v. Health Tech Affiliates, Inc.
02S01-9611-CV-00099
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 plaintiff filed suit on February 1, 1995 and alleged she had sustained an injury to her foot when a portion of a wall fell upon her as she was working for the defendant. On December 13, 1995, the plaintiff amended her complaint to allege she had suffered psychological injury as a result of the accident. On August 13, 1996, the trial judge entered a judgment dismissing the complaint. The pertinent portion of the judgment is as follows: After duly considering the testimony and the evidence and considering the credibility of the persons who testified, the court finds that the plaintiff failed to carry her burden of proof; that the alleged psychiatric or psychological injuries were not caused by the plaintiff's work accident; that the plaintiff is not entitled to any workers' compensation benefits for her alleged psychiatric or psychological injuries; that with regard to the injury to her foot or toe caused by the accident, the defendant paid all the plaintiff's medical expenses to which the plaintiff was entitled; that the plaintiff lost time from work from January 13, 1995 to March 13, 1995 as the result of the injury to her foot and she was paid temporary total disability benefits at the rate of $198.4 per week for this period of time; that the plaintiff was paid all the temporary total disability benefits to which she was entitled; and that the plaintiff is not entitled to any additional temporary total disability or other workers' compensation benefits as the result of the accident on January 12, 1995. The determination of the credibility of the witnesses who testified before the trial judge was solely within the judge's discretion. The finding of the credibility of the witnesses is not reweighed on appeal. State, ex rel. Balsinger v. Town of Madisonville, 435 S.W.2d 83 (Tenn. 1968). We note, however, that there were many inconsistencies in the record, both in oral testimony, in deposition testimony, and in other documents filed, showing the plaintiff had made different statements at different times concerning the accident. For example, she stated at one time a wall fell upon her and a patient leaving them covered in debris. At another time, she said a portion of the wall fell upon her. The evidence shows a piece of wood which was approximately 2 feet long and 6 inches wide fell and struck her toe. During the time the plaintiff was drawing temporary total disability, she took a job with another company. The plaintiff's deposition was taken on September 7, 1995, and she testified then that she had not worked anywhere since her accident. At trial, the plaintiff admitted working while she drew disability. The plaintiff testified she knew she could not work but that she needed the money. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Kay S. Robilio, |
Smith County | Workers Compensation Panel | 03/30/98 | |
| 02C01-9708-CR-00328
02C01-9708-CR-00328
Originating Judge:Julian P. Guinn |
Decatur County | Court of Criminal Appeals | 03/30/98 | |
| Coleman Enterprises, Inc. vs. Huddleston
01S01-9706-CH-00143
|
Supreme Court | 03/30/98 | ||
| State vs. Charles Loveless
02C01-9706-CC-00219
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 03/30/98 | |
| Evans vs. Steelman
01S01-9701-JV-00019
Originating Judge:Shookhoff |
Davidson County | Supreme Court | 03/30/98 | |
| Danny Mitchell v. Aetna Life & Casualty Ins. Co., et al
02S01-9706-CV-00053
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 03/30/98 | |
| State vs. Jimmy High
02C01-9702-CR-00069
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/30/98 | |
| State vs. Johnny Tillery
01C01-9506-CC-00182
Originating Judge:James L. Weatherford |
Giles County | Court of Criminal Appeals | 03/30/98 | |
| Hazel Coln and Carl Coln vs. City of Savannah, TN
02S01-9702-CV-00008
Originating Judge:Julian P. Guinn |
Supreme Court | 03/30/98 | ||
| State vs. Alvin Walker
02C01-9705-CR-00189
|
Shelby County | Court of Criminal Appeals | 03/30/98 | |
| Walter Austein v. Riverwood Int. USA, Inc.
02S01-9704-CH-00037
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The sole issue on appeal is whether the one-year statute of limitations under T.C.A. _50-6-203 ran prior to the filing of the lawsuit. This marks the second appearance of this case before this panel. In Austein v. Riverwood International USA, Inc., No. 02S01-9507-CH-00059 (Tenn. Work. Comp. App., February 23, 1996), this panel found that the trial court erred in granting summary judgment on the statute of limitations issue because issues of material fact existed concerning both the date the statute of limitations began to run and the estoppel issue. The case was remanded to the trial court for trial on the merits. Plaintiff again appeals the trial court's finding that the statute of limitations ran before he filed this action.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. D. J. Alissandratos |
Shelby County | Workers Compensation Panel | 03/30/98 | |
| Moody vs.Dist. Public Defenders Conference
01A01-9707-CH-00311
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/27/98 | |
| Robert Utley v. Robert Orr-Sysco
M2000-02904-COA-R3-CV
This is a premises liability case. The plaintiff was shopping in a store owned by the defendant when the plaintiff slipped and fell on a clear liquid substance and sustained personal injuries. The plaintiff shopper sued the defendant store owner on a theory of premises liability. The trial court granted summary judgment in favor of the defendant. The plaintiff now appeals. We affirm, finding that the plaintiff submitted insufficient evidence to create a genuine issue of material fact regarding whether the store had actual or constructive notice of the dangerous condition prior to the plaintiff's fall.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 03/27/98 | |
| State vs. Huff
03C01-9605-CR-00201
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 03/27/98 | |
| Casa vs. Musick
03A01-9708-JV-00368
|
Court of Appeals | 03/27/98 | ||
| State vs. Green
03C01-9610-CR-00379
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/27/98 | |
| Waters vs. Layne
01A01-9708-CV-00402
Originating Judge:Buddy D. Perry |
Marion County | Court of Appeals | 03/27/98 | |
| 02C01-9612-CR-00457Cecil
02C01-9612-CR-00457Cecil
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 03/27/98 | |
| 03A01-9708-CH-00376
03A01-9708-CH-00376
|
Court of Appeals | 03/27/98 | ||
| Lucas vs. Lucas
03A01-9707-CV-00298
|
Court of Appeals | 03/27/98 | ||
| 02C01-9606-CR-00199
02C01-9606-CR-00199
Originating Judge:C. Creed Mcginley |
Henry County | Court of Criminal Appeals | 03/27/98 | |
| Betty A. Primm v. Kantus Corp., et al.
01S01-9705-CV-00120
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 to the Supreme Court of findings of fact and conclusions of law. Appellate review requires that we presume that the judgment of the trial court is correct. RULE 13(d), T. R. A. P. We indulge no other presumptions, but look to see where the preponderance of the evidence lies.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell |
Marshall County | Workers Compensation Panel | 03/27/98 |