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| Kathy George v. Carrier Corporation, et al
M1999-02577-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The issue on appeal presented by the employer/appellant is whether the Court erroneously awarded a 25% penalty on temporary total disability benefits in the absence of a finding of bad faith. The employee also appeals and presents a separate issue, whether the employer is entitled to an offset for disability insurance benefits received by the employee for the period of disability. The panel has concluded that the judgment of the trial court should be affirmed.
Authoring Judge: Frank G. Clement, Jr., Sp. J
Originating Judge:Robert E. Corlew, III, Judge |
Cannon County | Workers Compensation Panel | 10/27/00 | |
| E2060-00255-COA-R3-CV
E2060-00255-COA-R3-CV
Originating Judge:John B. Hagler, Jr. |
McMinn County | Court of Appeals | 10/27/00 | |
| Penny Michelle Loveday v. Food Lion, Inc.
E1999-00188-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant/appellant, Food Lion, Inc., appeals the trial court's award of temporary total disability benefits, permanent partial disability benefits, and five hundred dollars in costs associated with service of process and subsequent default judgment hearings. Specifically, Food Lion contends the plaintiff, Penny Michelle Loveday, failed to adequately serve her complaint and thus it should not be punished for the ensuing costs associated with the setting aside of the default judgment. Food Lion also contends (1) Ms. Loveday failed to carry her burden of proof with respect to showing she suffered an injury during the course and scope of her employment; (2) the medical testimony failed to establish causation; (3) assuming an injury, the trial judge exceeded the 2.5 multiplier; (4) temporary total disability should have been awarded for only twelve days; and (5) the trial judge improperly excluded the plaintiff medical records and deposition testimony. We affirm.
Authoring Judge: Byers, Sr. J.
Originating Judge:James B. Scott, Jr., Judge |
Knox County | Workers Compensation Panel | 10/27/00 | |
| State vs. John Brown
W1999-00626-CCA-R3-CD
John Brown appeals from his Shelby County convictions of aggravated robbery and especially aggravated kidnapping. He alleges insufficiency of identification evidence and plain error in admission of evidence of arrests for other crimes. Because there is no error of record requiring reversal, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 10/27/00 | |
| Roy R. Ferguson v. Sherry Hoppe, Donna Pierce, and Harold L. Underwood
03A01-9902-CV-00038
In this action, the Trial Court dismissed the plaintiff’s complaint, and he has appealed.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Russell Simmons, Jr. |
Court of Appeals | 10/26/00 | ||
| Russell vs. Russell
E1999-02742-COA-R3-CV
This appeal from the Hamilton County Chancery Court concerns whether the Trial Court erred in awarding primary residential responsibility of the minor child to the Appellee, Burgess Stephen Russell. The Appellant, Linda Sharion Russell, appeals the decision of the Chancery Court. We affirm the decision of the Trial Court and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against the Appellant, Linda Sharion Russell and her surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 10/25/00 | |
| State vs. Carl Ross
W1999-01455-CCA-R3-PC
The petitioner, Carl Ross, appeals from the Shelby County Criminal Court's dismissal of his petition for post-conviction relief in which he asserted various instances of ineffective assistance of counsel. Because we conclude that the record supports the lower court's determination that the petitioner failed to establish his claims by clear and convincing evidence, we affirm the dismissal of the post-conviction petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joe Brown |
Shelby County | Court of Criminal Appeals | 10/25/00 | |
| Blumberg vs. Dept. of Human Svcs.
M2000-00237-COA-R3-CV
Frederic Blumberg ("Blumberg") filed a petition against his wife in the Sumner County Circuit Court, seeking all his wife's marital assets and an increase in his minimum monthly maintenance needs allowance. On September 16, 1998, the Sumner County Circuit Court issued an Order requiring Mrs. Blumberg to pay as support for the benefit of Mr. Blumberg, all of her monthly income. Subsequently, Blumberg applied for Medicaid benefits on behalf of Mrs. Blumberg, administered by the Tennessee Department of Human Services ("DHS"), for which he was approved. On October 26, 1998, Blumberg received notice from DHS that his request for an income allocation was denied. Thereafter, Blumberg requested an administrative hearing appealing the denial of spousal allocations. On December 8, 1998, an administrative hearing with DHS was held, and Blumberg's appeal was denied. The Chancery Court affirmed the decision of the DHS, finding that the support order was not validly adjudicated because of lack of notice to DHS. This appeal followed.
Authoring Judge: Judge Don R. Ash
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 10/25/00 | |
| Maelene Fowler vs. Jerry Wilbanks
W2000-00452-COA-R3-CV
Plaintiffs sued to enjoin Defendant from denying their right to use a private dirt and gravel road on Defendant's property in order to access their property. The trial court held that Plaintiffs established an easement by implication and/or prescription in the private road, and enjoined Defendant from preventing Plaintiffs' future access to the road. Defendant appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 10/25/00 | |
| State vs. Lisa Ann Bargo
E1999-00156-CCA-R3-CD
Defendant Lisa Ann Bargo was convicted by a jury of one count of forgery, one count of attempt to commit theft over $10,000, and one count of criminal impersonation. The trial court subsequently set aside the jury verdicts on the attempt to commit theft and the criminal impersonation charges and sentenced the defendant on her forgery conviction to ten years as a Range II multiple offender to be served in the Department of Correction. In this appeal, the defendant challenges the sufficiency of the convicting evidence and the length of the sentence. We affirm the defendant's conviction and sentence.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/25/00 | |
| Hunt vs. Claybrooks, et al
M1999-01582-COA-R3-CV
This litigation began as a pro bono case. Defendant/Appellant James Goodner ("Goodner") represented himself pro se on October 22, 1997 at the General Sessions Court and received a judgment against him. Goodner timely appealed the decision to the Circuit Court. Plaintiff/Appellee Allie Mae Hunt ("Hunt") died after the case was appealed from the General Sessions Court to the Circuit Court for Davidson County, Tennessee. Thereafter, the trial court dismissed Goodner's appeal and this case took on a different character. David E. Danner ("Danner") filed a Rule 60.02 motion to get the case reinstated, allegedly accusing Hunt's attorney, C. Bennett Harrison ("Harrison") of "fraud, misrepresentation or other misconduct." Harrison filed a response to the motion containing a motion for Rule 11 sanctions against Danner. Subsequently, Danner asked for sanctions against Harrison, which were denied. Hunt's case was reinstated, but the trial court ordered Danner to pay attorney fees of $100 to Harrison as a sanction of Rule 11. We affirm and modify the trial court's decision.
Authoring Judge: Judge Don R. Ash
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 10/25/00 | |
| Rackley vs. DeKalb Co. Fire Dept.
M2000-00885-COA-R3-CV
A purchaser of real property invited the DeKalb County Volunteer Fire Department to burn down a house on the property for training purposes. After the house was destroyed, the seller re-took possession of the property, because the buyer failed to pay the rest of the purchase price. The seller brought suit against the County for inverse condemnation and trespass. The trial court dismissed the complaint. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 10/25/00 | |
| Madu vs. Madu
M1999-02302-COA-R3-CV
This appeal involves the dissolution of a three-year marriage between a naturalized citizen and a foreign national attending school on a temporary student visa. Soon after the parties were divorced by agreement in the Circuit Court for Davidson County, the foreign national sought to set the divorce aside because of its effect on her efforts to remain in the United States. The trial court declined to set the divorce aside. The foreign national asserts on this appeal that the trial court should not have declared the parties divorced and that the trial court erred by denying her motion for a new trial based on newly discovered evidence. We have determined that the record supports the trial court's decision to declare the parties divorced and that the trial court did not err when it denied the foreign national's post-trial motion. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 10/25/00 | |
| State vs. Prince Glass
W2000-00079-CCA-R3-CD
The defendant, Prince Terrell Glass, appeals from his conviction of possession with intent to deliver .5 grams or more of cocaine. He alleges the evidence of "intent to deliver" is insufficient to support his conviction and that he is guilty of no offense greater than simple possession. Upon review of the record, the briefs of the parties, and the applicable law, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 10/25/00 | |
| State vs. John Vengrin
W1999-01512-CCA-R3-CD
The defendant, John Joseph Vengrin, appeals the maximum, 25-year sentence imposed upon him for the crime of second degree murder. He alleges that the trial court erroneously relied on testimony given in another matter in considering whether certain enhancement factors applied. We agree that the trial court erred in relying on matters outside the record; however, we hold that the defendant waived any objection by advocating that the court consider matters outside the record in assessing mitigating factors. Moreover, we hold that the sentence imposed was a proper one. The judgment of the trial court is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Robert A. Page |
Madison County | Court of Criminal Appeals | 10/25/00 | |
| Tennessee Protection and Advocacy, Inc., et al v. Janis
M1999-00884-WC-R3-CV
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. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Reversed in part and Affirmed in part; Remanded. LOSER, SP. J., in which BIRCH, J. , and KURTZ, SP. J., joined. Carson W. Beck, Nashville, Tennessee, for the appellant, Janis Greene. Richard E. Spicer, Nashville, Tennessee, for the appellees, Tennessee Protection and Advocacy, Inc., et al. MEMORANDUM OPINION By this appeal, the employee or claimant, Janis Greene, insists the evidence preponderates against the trial court's finding that her carpal tunnel syndrome did not arise out of and in the course of her employment. The employer, Tennessee Protection and Advocacy, Inc. contends the claim is barred by the employee's failure to give timely written notice. As discussed below, the panel has concluded the trial court's order dismissing the claim as not having arisen out of and in the course of employment should be reversed; and the panel has further concluded the trial court's findings with respect to notice and the extent of the claimant's permanent partial disability should be affirmed. The employer initiated this action on September 15, 1997, seeking a declaration that the employee's claimed injury did not arise out of and in the course of employment. The employee served her answer and a counterclaim. Construing the counterclaim fairly and consistently with the evidence and arguments, we have concluded the employee was and is seeking disability and medical benefits authorized by the Workers' Compensation Act. Tenn. Code Ann. _ 5-6- 11 et seq. After a trial of all the issues on February 25, 1999, the chancellor made her findings. Paraphrased, those findings were that (1) the claimant suffered "serious" carpal tunnel syndrome, cause unknown because of insufficient medical proof, (2) timely written notice of her claimed injury was given, (3) as a result of her carpal tunnel syndrome, the claimant retained a permanent partial vocational disability of twenty-five percent to the right hand and twelve and one-half percent to the left hand, (4) her claimed medical expenses were reasonable and necessary and (5) the claimant was a credible witness. Review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). This standard requires the panel to examine in depth a trial court's factual findings and conclusions. The reviewing court is not bound by a trial court's factual findings but instead conducts an independent examination to determine where the preponderance of the evidence lies.
Authoring Judge: Loser, Sp. J.
Originating Judge:Carol Mccoy, Chancellor |
Greene County | Workers Compensation Panel | 10/24/00 | |
| State vs. Nassel Brown
W1999-01558-CCA-R3-PC
The petitioner, convicted of one count of rape of a child and sentenced to fifteen years, appeals from the trial court's order dismissing his petition for post-conviction relief. He argues that his trial counsel was ineffective for failing, inter alia, to investigate his case and for failing to interview and subpoena certain witnesses. We conclude that the petitioner has not demonstrated that the trial court erred. Therefore, we affirm the order dismissing his petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 10/24/00 | |
| Janice Forbes, et al. v. Cna Insurance Company, et al.
W1999-00710-WC-R3-CV
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 defendants CNA Insurance Company and Day After Day Service, Inc. appealed the judgment of the Chancery Court of Obion County awarding plaintiff Janice Forbes, for deceased husband Jerry Forbes, death benefits for the death of Jerry Forbes from a work-related heart attack. For the reasons stated in this opinion We affirm the judgment of the trial court.
Authoring Judge: Henry D. Bell, Sp. J.
Originating Judge:W. Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 10/24/00 | |
| State vs. Benjamin Brown
W1999-00327-CCA-R3-CD
Benjamin Brown appeals from his convictions of one count of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. An effective sentence of life imprisonment was imposed. On direct appeal, he contends (1) the evidence is insufficient to support his convictions; (2) the lesser offense of criminally negligent homicide should have been instructed; (3) testimony regarding prior bad acts was erroneously admitted; and (4) his convictions violate the constitutional protections against double jeopardy. Following review, the appellant's conviction for aggravated child abuse is vacated and dismissed as violative of the protections against double jeopardy. We affirm the appellant's conviction for felony murder finding the evidence sufficient to support his conviction. Because the appellant's motion for new trial as to felony murder was untimely filed, the remaining issues related to this conviction are waived.
Authoring Judge: Judge David G. Hayes
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/24/00 | |
| State vs. Benjamin Brown
W1999-00327-CCA-R3-CD
Benjamin Brown appeals from his convictions of one count of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. An effective sentence of life imprisonment was imposed. On direct appeal, he contends (1) the evidence is insufficient to support his convictions; (2) the lesser offense of criminally negligent homicide should have been instructed; (3) testimony regarding prior bad acts was erroneously admitted; and (4) his convictions violate the constitutional protections against double jeopardy. Following review, the appellant's conviction for aggravated child abuse is vacated and dismissed as violative of the protections against double jeopardy. We affirm the appellant's conviction for felony murder finding the evidence sufficient to support his conviction. Because the appellant's motion for new trial as to felony murder was untimely filed, the remaining issues related to this conviction are waived.
Authoring Judge: Judge David G. Hayes
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/24/00 | |
| State vs. Michael Spadafina
W1999-00268-CCA-R3-PC
The Benton County Circuit Court dismissed Michael Joseph Spadafina's petition for post-conviction relief in which Spadafina raised a number of issues of trial error and ineffective assistance of trial counsel in his conviction of first degree murder. On appeal, the petitioner limited his issues to the ineffective assistance of counsel in not seeking an individual, sequestered voir dire of the jury and in not challenging the use of damaging character evidence. Because we conclude that the petitioner failed to carry his post-conviction burden to prove his claims by clear and convincing evidence, we affirm the dismissal of the post-conviction petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Julian P. Guinn |
Benton County | Court of Criminal Appeals | 10/23/00 | |
| State of Tennessee v. Rockie Smith
W1999-00814-CCA-R3-CD
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 10/23/00 | |
| State vs. Brian Sullivan
W1999-00941-CCA-R3-CD
The appellant, Brian Sullivan, entered a plea of nolo contendere in the Shelby County Criminal Court to one count of attempted aggravated sexual battery, a Class C felony. The trial court sentenced the appellant to a term of three (3) years, suspended. On appeal, the appellant argues that the trial court erred in denying his petition for judicial diversion. After a review of the record before this Court, we conclude that because the appellant was convicted of a sexual offense, he is statutorily ineligible for judicial diversion. Therefore, the judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 10/23/00 | |
| Rick Roelke vs. William Hickerson
W2000-00455-COA-R3-CV
This is a medical malpractice case. The trial court dismissed the plaintiff's complaint because it was not filed within the applicable statute of limitations. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 10/23/00 | |
| State vs. Jerry Michael Green
E1999-01815-CCA-R9-RL
The appellant, Jerry Michael Green, proceeded to trial in the Monroe County Criminal Court for possession of more than .5 grams of cocaine with intent to deliver. Due to the State's improper cross-examination of defense witnesses, the trial court granted the appellant a mistrial. The appellant made a motion in limine to preclude the State, on double jeopardy grounds, from retrying the appellant on possession of cocaine with intent to deliver. The trial court denied the appellant's motion, but granted the appellant permission to appeal its decision. This court granted an interlocutory appeal. In this interlocutory appeal, the appellant claims that double jeopardy bars a retrial because the prosecutor goaded the appellant into requesting a mistrial. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 10/23/00 |