APPELLATE COURT OPINIONS

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Thomas, et. ux. vs. Crockett, et. al.

01A01-9608-CV-00380

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 02/28/97
Thomas, et. ux. vs. Crockett, et. al.

01A01-9608-CV-00380

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 02/28/97
01C01-9604-CR-00148

01C01-9604-CR-00148
Davidson County Court of Criminal Appeals 02/28/97
01C01-9508-CC-00274

01C01-9508-CC-00274

Originating Judge:Allen W. Wallace
Dickson County Court of Criminal Appeals 02/28/97
J. Harold Shankle Co. vs. Bedford Co. Bd.

01A01-9609-CH-00387

Originating Judge:Lee Russell
Bedford County Court of Appeals 02/28/97
01C01-9510-CR-00348

01C01-9510-CR-00348
Davidson County Court of Criminal Appeals 02/28/97
Klindt vs. Klindt

01A01-9606-CH-00250

Originating Judge:C. K. Smith
Wilson County Court of Appeals 02/28/97
State vs. Quinn Hamilton

M2001-02748-CCA-R3-CD
A jury convicted the Defendant, Quinn L. Hamilton, of aggravated robbery, a Class B felony, and evading arrest, a Class D felony. The trial court sentenced the Defendant as a Range II multiple offender to consecutive terms of nineteen years and seven years, respectively, for an effective sentence of twenty-six years, to be served in the Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in declaring the victim witness unavailable and allowing his prior testimony to be admitted at trial as substantive evidence. We affirm the trial court's judgment.
Authoring Judge: Judge David H. Welles
Originating Judge:Cheryl A. Blackburn
Davidson County Court of Criminal Appeals 02/28/97
01C01-9603-CC-00089

01C01-9603-CC-00089
Maury County Court of Criminal Appeals 02/28/97
03C01-9606-CC-00244

03C01-9606-CC-00244

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 02/27/97
03C01-9512-CC-00392

03C01-9512-CC-00392

Originating Judge:E. Eugene Eblen
Roane County Court of Criminal Appeals 02/27/97
Bobby L. Marlowe v. Vulcan Materials Co.

03S01-9605-CH-00058
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 appeal has resulted from a finding by the trial court that plaintiff, Bobby L. Marlowe, was entitled to 1% disability benefits due to contracting an occupational disease while in the employment of his employer, defendant Vulcan Materials Company. Defendant Vulcan contends the Chancellor was in error (1) in ruling the statute of limitations had not expired; (2) in finding plaintiff had been exposed and injured while in its employment; and (3) in finding plaintiff was totally disabled. Plaintiff was 55 years of age and had completed the 9th grade. He has a long history of having worked under conditions exposing himself to smoke, dust, etc. He spent about 16 years working in a steel foundry; about 1 years working for various coal companies; and about 5 years with Vulcan at various quarry sites where his exposure was to rock dust. When he first reported to work with Vulcan in 1988, he had a chest x-ray which apparently was not indicative of any problems. He began having some breathing problems sometime in 1991 and was x-rayed. As a result of this examination, he received a form letter dated January 13, 1992 from a medical clinic in Birmingham, Alabama. This informed him that his x-ray showed "abnormalities consistent with pneumoconiosis" and advised he needed to see a physician. Vulcan sent him to see a specialist in Kingsport, telling him the x- ray indicated something was wrong. There is no direct evidence as to the findings by this doctor. Plaintiff continued to work, saying he did not know what was wrong. Sometime later in his employment, he told the court, his condition began to worsen. He described this as noticing a greater shortness of breath and said any exertion would result in his being completely out of breath. Mr. Howell, the safety director of Vulcan, discussed the situation with him and said they would try to work with him and keep him out of as much dust as possible. At some later 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Billy Joe White,
Knox County Workers Compensation Panel 02/27/97
03C01-9512-CC-00408

03C01-9512-CC-00408

Originating Judge:Joe B. Jones
Sullivan County Court of Criminal Appeals 02/27/97
Hubert M. Hurd v. General Shale Products Corporation, et al.

03S01-9603-CH-00026
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. Defendants, General Shale Products Corporation and CNA Insurance Compa ny, have appealed from the action of the trial court in awarding plaintiff, Hubert M. Hurd, 3% permanent partial disability benefits to the body as a whole. The only issue on appeal is whether the evidence preponderates against the award of benefits. Plaintiff Hurd was injured in the course and scope of his employment on August 2, 199, while manually rolling up a truck cover. The equipment did not work properly, and plaintiff was pushing with his right arm when he tore a biceps tendon. Plaintiff was 63 years of age at the time of the trial. He completed the 8th grade and later received a G.E.D. certificate. He had been employed by General Shale for 41 years and at the time of the accident was operating a dump truck. During his entire employment, he had worked at different positions such as a grinding machine operator, a brick machine operator, a fireman on the kiln, a forklift operator and a front-end loader operator. He continued to work after the accident at the same job as his employer installed an electric motor on the vehicle which would roll up the truck cover and eliminate the manual operation. Although he has continued to work, he told the court he does not have the strength in his arm and shoulder as prior to this injury; he testified his grip in his arm is now weak and when he carries anything, it is hard to straighten his arm back out. Dr. John Bell, an orthopaedic surgeon, treated plaintiff for his injuries. His testimony, which was by deposition, indicated plaintiff had sustained an injury to his arm and shoulder from the tear of the tendon and a neck injury where there was an aggravation of a previous condition due to degenerative changes. He 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. H. David Cate,
Knox County Workers Compensation Panel 02/27/97
03C01-9603-CR-00112

03C01-9603-CR-00112

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 02/27/97
03C01-9605-CR-00184

03C01-9605-CR-00184
Knox County Court of Criminal Appeals 02/27/97
Lumbermen's Mutual Casualty Company v. Yolanda Guerrero

01S01-9602-CH-00041
This appeal from the judgment of the trial court in a workers' compensation case has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:HON. ROBERT S. BRANDT
Davidson County Workers Compensation Panel 02/26/97
Fisher & Bell vs. Metro Gov't.

01A01-9609-CV-00402

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 02/26/97
Brooks vs. Brooks

01A01-9607-CV-00312

Originating Judge:M. Shipley
Davidson County Court of Appeals 02/26/97
State Farm & Casualty vs. Pickral, et. ux.

01A01-9609-CV-00409

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 02/26/97
Gloria C. Perkins v. Whirlpool Corp., et al.

01S01-9603-CH-00053
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Rutherford County Workers Compensation Panel 02/26/97
Lumbermen's Mutual Casualty Company, Plaintiff/Appellant, v. Yolanda Guerrero,

01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. Robert S. Brandt,
Davidson County Workers Compensation Panel 02/26/97
Davis vs. Burson

01A01-9610-CH-00498

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 02/26/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Overton County Court of Appeals 02/26/97
State vs. Robert Rayford

02C01-9702-CR-00079
Shelby County Court of Criminal Appeals 02/26/97