APPELLATE COURT OPINIONS

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Davis vs. TN. Dept. of Correction & Campbell

01A01-9610-CH-00487

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 02/21/97
01A01-9608-CH-00352

01A01-9608-CH-00352

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 02/21/97
James W. Smith v. Wilson County Concrete Co., et al.

01S01-9604-CR-00073
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Smith County Workers Compensation Panel 02/21/97
Waste Management vs. South Central Bell

01A01-9504-CV-00182

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 02/21/97
Davis vs. TN. Dept. of Correction & Campbell

01A01-9610-CH-00487

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 02/21/97
Ikie Briggs, v. Estate of Odessa v. Briggs

02A01-9603-PB-00052

This is a will construction case. Respondent, Ikie Briggs, appeals from the order of the probate court construing the Last Will and Testament of Odessa V. Briggs in favor of the petitioner, Frances Duncan Briggs.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Leonard D. Pierotti
Shelby County Court of Appeals 02/21/97
Brian Wolney and wife, Melissa Wolney v. Lisa M. Emmons and Wells Fargo Armored Service Corporation

02A01-9508-CV-00169

The petition for rehearing filed in behalf of the Appellants is denied.

Authoring Judge: Judge Holly Kirby Lillard
Court of Appeals 02/21/97
Darin Potts v. Beaman Bottling Co., et al.

01S01-9605-CH-00108
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 trial judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr.,
Davidson County Workers Compensation Panel 02/21/97
01C01-9603-CR-00113

01C01-9603-CR-00113

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 02/20/97
03C01-9512-CV-00394

03C01-9512-CV-00394
Hamblen County Court of Criminal Appeals 02/20/97
01C01-9604-CR-00147

01C01-9604-CR-00147

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 02/20/97
Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.

02A01-9602-CV-00029

In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joseph H. Walker, III
Tipton County Court of Appeals 02/20/97
01C01-9508-CC-00244

01C01-9508-CC-00244

Originating Judge:L. Terry Lafferty
Putnam County Court of Criminal Appeals 02/20/97
01C01-9604-CR-00129

01C01-9604-CR-00129

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 02/20/97
01C01-9602-CC-00079

01C01-9602-CC-00079

Originating Judge:John H. Gasaway, III
Robertson County Court of Criminal Appeals 02/20/97
01C01-9603-CC-00093

01C01-9603-CC-00093

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 02/20/97
01C01-9601-CR-00032

01C01-9601-CR-00032

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 02/20/97
01C01-9510-CC-00323

01C01-9510-CC-00323
Coffee County Court of Criminal Appeals 02/20/97
State vs. Curtis Newbern

02C01-9702-CR-00071
Shelby County Court of Criminal Appeals 02/20/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Cheatham County Court of Criminal Appeals 02/20/97
01C01-9512-CC-00422

01C01-9512-CC-00422

Originating Judge:L. Terry Lafferty
Maury County Court of Criminal Appeals 02/20/97
01C01-9601-CR-00027

01C01-9601-CR-00027
Davidson County Court of Criminal Appeals 02/20/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 02/19/97
03C01-9406-CR-00205

03C01-9406-CR-00205

Originating Judge:James E. Beckner
Greene County Court of Criminal Appeals 02/18/97
03C01-9602-CC-00070

03C01-9602-CC-00070
Sevier County Court of Criminal Appeals 02/18/97