APPELLATE COURT OPINIONS

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Paul Farnsworth, A/K/A Ronnie Bradfield, v. Richard Kenya, et al.

02A01-9707-CV-00145

The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya,1 Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled.

Authoring Judge: Judge David R. Farmer
Lake County Court of Appeals 11/04/97
State of Tennessee vs. Woody Dozier

02C01-9610-CC-00357

The appellant, Woody J. Dozier, appeals his jury convictions for the crimes of aggravated kidnapping and aggravated rape. Following these convictions, the Circuit Court of Dyer County sentenced the appellant to concurrent sentences of eight years for the aggravated kidnapping conviction and fifteen years for the aggravated rape conviction. On appeal, the appellant raises the following issues:


I. Whether the Chancellor, sitting by interchange, had jurisdiction to try the case;
II. Whether the appellant is entitled to a new trial because ofalleged juror misconduct; and
III. Whether the evidence is sufficient to sustain his convictions foraggravated rape and aggravated kidnapping.


After reviewing the record before us, we affirm the judgment of the trial court.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. Steven Stafford
Dyer County Court of Criminal Appeals 11/04/97
First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childers

03A01-9704-CH-00134

This appeal is from a summary judgment granted to plaintiff against defendants by the Trial Judge. Essentially, defendants insist that the record contains evidence of misrepresentations of the value of the property by plaintiff’s agents, which was 1Triggs’ and Childers’ earlier affidavits apparently claim that Stooksbury showed them both Smith appraisals. Their later affidavits, however, refer only to the second Smith appraisal. 2 purchased by defendants, and that these representations are actionable under their counter-claims.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Chancellor Sharon Bell
Knox County Court of Appeals 11/03/97
Kenneth F. Taggart and wife, Toni Corwin, v. Bart Richards and Blue Cross Blue Shield of Tennessee

03A01-9707-CV-00262

This is an action for damages for personal injuries allegedly occurring on April 9, 1993 in the early evening, when the vehicle operated by the plaintiff was struck by a vehicle operated by the defendant. Upon trial, a jury returned a verdict for the plaintiff establishing damages at $8,445.00 and further determined that defendant was 51% at fault for the accident. The Trial Judge approved the verdict and plaintiffs have appealed.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Richard E. Ladd
Sullivan County Court of Appeals 11/03/97
State of Tennessee v. Roger Dale Hill, Sr.

01S01-9701-CC-00005

We accepted the State’s application for review in this cause in order to determine the validity of an indictment which charged aggravated rape.1 The Court of Criminal Appeals held the indictment void and the subsequent conviction invalid because the language of the indictment failed to allege a culpable mental state.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge James L. Weatherford
Wayne County Supreme Court 11/03/97
Cody Glasner, a minor, by next friend and parents, Deryl and Polly Glasner, and Deryl and Polly Glasner individually, v. John Howick, M.D., Humana of Tennessee Inc., John A Shull, M.D., Jane L. Rohrer, M.D. and William D. Crawley, M.D.

03A01-9612-CV-00401

This is a medical malpractice action brought by Deryl and Polly Glasner individually and as parents and next friend of Cody Glasner, who was born October 6, 1991.1 As winnowed by pleadings, the surviving claim is on behalf of Cody, who was born brain dead. The parents of Cody conceded that their individual claims were time-barred.  This condition is known as a prolapsed cord. His resuscitation is alleged to have been contrary to the prevailing standard of care in this jurisdiction, since he had no reasonable prospect for a qualitative life.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Robert M. Summitt
Hamilton County Court of Appeals 11/03/97
State of Tennessee v. Larry Wayne Stokes

01S01-9701-CC-00006

 Larry Wayne Stokes, the appellant, was convicted in the Circuit Court of Williamson County of rape of a child, in violation of Tenn. Code Ann. § 39-13-522 (Supp. 1995). He currently serves a fifteen-year sentence in the Department of Correction.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Henry Denmark Bell
Williamson County Supreme Court 11/03/97
State of Tennessee Department of Children's Services v. Yvonne Bardin - Concurring

03A01-9705-JV-00152

The parental rights of Yvonne Bardin were terminated by the Juvenile Court of Hamilton County and she appeals. Four (4) children are involved. The issue presented for review is whether the evidence is clear and convincing. We find that it is and affirm.

Authoring Judge: Judge William H. Inman
Originating Judge:Judge Suzanne Bailey
Hamilton County Court of Appeals 11/03/97
State of Tennessee v. Bobby Ed Begley

01S01-9607-CR-00134

We granted the defendant’s application for permission to appeal in order to determine whether the trial court abused its discretion1 in admitting testimony concerning the results of a certain method of DNA analysis. While we have previously considered the admission of the results of DNA analysis using the “restriction fragment length polymorphism” (RFLP) method, we address for the first time the admission of testimony regarding DNA analysis using the “polymerase chain reaction” (PCR) method. PCR is to be distinguished from RFLP, the method more statistically precise and firmly established in both the scientific and legal community. After a jury-out hearing, the trial court admitted expert testimony about the results of the PCR analysis performed on the defendant’s clothing, and the Court of Criminal Appeals upheld the trial court’s determination.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge J. Wyatt Randall, Jr.
Davidson County Supreme Court 11/03/97
State vs. Ball

03C01-9512-CC-00387

Originating Judge:Rex Henry Ogle
Cocke County Court of Criminal Appeals 10/31/97
Courtner vs. State

03C01-9701-CR-00005
Johnson County Court of Criminal Appeals 10/31/97
McBee/Dunlap vs. State

03C01-9509-CR-00276
Knox County Court of Criminal Appeals 10/31/97
Cook vs. Brookside

03A01-9706-CV-00212
Court of Appeals 10/31/97
Christopher v. Sockwell

01S01-9703-CV-00047
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. At the trial, the only issue was the extent of the claimant's permanent partial disability. In this appeal, the employer's insurer, Argonaut, contends the trial judge (1) erred in accepting the opinion testimony of an examining physician over that of the treating physician and (2) erred in using a multiplier of 4.9 times the medical impairment to determine the claimant's permanent partial disability. As discussed below, the panel has found no reversible error but concluded the award of permanent partial disability benefits should be modified. The employee or claimant, Atkins, is forty-four years old with a college degree in social science work. He has worked as an instructor and hearing officer with the state of Tennessee, as a supervisor with the United States Department of Commerce, as a machine operator and as a forklift operator. On April 18, 1994, Atkins stepped off a forklift and fell, injuring his back and bruising his right side from his shoulder to his foot. He was referred to Dr. David McCord, who performed disc surgery at L4-5 on May 23, 1994. When the claimant's condition did not improve, the doctor performed fusion surgery. At the time of the trial on August 31, 1996, the fusion had not healed and the claimant had not been released by Dr. McCord to return to work. The doctor assessed the claimant's permanent impairment at fifteen percent to the whole body. At the claimant's request, Dr. David W. Gaw conducted a physical examination of the claimant and assessed his permanent impairment at eighteen percent to the whole body. At the insurer's request, Dr. Michael James McNamara conducted a physical examination and assessed his permanent impairment at ten percent to the whole body. From the testimony of the claimant, which the trial judge found to be credible, and the other evidence, the trial judge found the opinion testimony of Dr. Gaw to be "the most convincing." He then multiplied the eighteen percent impairment by 4.9, after stating, "I agree with counsel that the multipliers 5 and 6 are out," and awarded permanent partial disability benefits based on 88.2% to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. James E. Walton,
Montgomery County Workers Compensation Panel 10/31/97
Engenius Entertainment vs. W. W. Herenton, et al

02A01-9704-CH-00078

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 10/31/97
Dan Lomax vs. JMCGH

02A01-9706-CH-00116

Originating Judge:Joe C. Morris
Madison County Court of Appeals 10/31/97
State vs. Harris

03C01-9611-CR-00428
Anderson County Court of Criminal Appeals 10/31/97
Gates vs. State

03C01-9510-CC-00313

Originating Judge:Mayo L. Mashburn
Bradley County Court of Criminal Appeals 10/31/97
03C01-9405-CR-00161

03C01-9405-CR-00161

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 10/31/97
State vs. Greene

03C01-9608-CC-00316
Blount County Court of Criminal Appeals 10/31/97
Donald D'Amico vs. James Davenport, et al

02A01-9705-CH-00097

Originating Judge:Joe C. Morris
Court of Appeals 10/31/97
John Tigrett vs. Union Planters Bank

02A01-9703-CV-00057

Originating Judge:Robert L. Childers
Shelby County Court of Appeals 10/31/97
Volunteer Beer, Inc. vs. Johnson, Jr.

01A01-9703-CH-00126

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 10/31/97
Miller vs. State

03C01-9608-CC-00323

Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 10/31/97
Shofner vs. Red Food Stores (TN)

01A01-9609-CV-00437

Originating Judge:Lee Russell
Bedford County Court of Appeals 10/31/97