Workers' Compensation Opinions

Format: 05/20/2022
Format: 05/20/2022
02S01-9407-CR-00044
Authoring Judge:
Originating Judge:
Supreme Court 10/23/95
02S01-9407-CR-00044
Authoring Judge:
Originating Judge:
Supreme Court 10/23/95
01S01-9408-CH-00076
Authoring Judge:
Originating Judge:
Supreme Court 10/16/95
State of Tennessee v. David Edward Howington
01S01-9407-CC-00073

The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted of first-degree (felony) murder; he received a life sentence.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge: Judge John A. Gasaway
Montgomery County Supreme Court 10/09/95
Charlotte v. Broyles
01S01-9501-CV-00014
Authoring Judge:
Originating Judge:
Supreme Court 09/25/95
01S01-9502-CV-00021
Authoring Judge:
Originating Judge:
Supreme Court 09/25/95
03S01-9407-CR-00069
Authoring Judge:
Originating Judge:
Union County Supreme Court 09/25/95
03S01-9409-CR-00089
Authoring Judge:
Originating Judge: Douglas A. Meyer
Supreme Court 09/25/95
Nancy M. Cronin v. John W. Howe, M.D.
03S01-9406-CV-00053

The issue in this appeal is whether the Tennessee savings statute1operates to save a medical malpractice action which was initially filed within the three-year statute of repose, but which was voluntarily dismissed and refiled beyond the three-year statute of repose.2 We hold that it does. The judgment of the Court of Appeals is reversed and the cause remanded to the trial court.

Authoring Judge: Chief Justice Riley Anderson
Originating Judge: Judge Wheeler Rosenbalm
Supreme Court 09/15/95
02S01-9406-CH-00027
Authoring Judge:
Originating Judge:
Supreme Court 09/11/95
03S01-9401-CR-00095
Authoring Judge:
Originating Judge:
Supreme Court 09/11/95
03S01-9407-CH-00067
Authoring Judge:
Originating Judge: Earl H. Henley
Supreme Court 09/11/95
03S01-9502-CR-00011
Authoring Judge:
Originating Judge:
Supreme Court 09/11/95
03S01-9401-CR-00095
Authoring Judge:
Originating Judge: Mary Beth Leibowitz
Supreme Court 09/11/95
State of Tennessee v. Jerrell C. Livingston, State of Tennessee v. Steve Bundy, State of Tennessee v. John R. Tilley, & State of Tennessee v. David Johnson
01S01-9305-CR-00077

We accepted the application for review filed pursuant to Rule 11, Tenn. R. App.P. In these four cases in order to determine whether the fresh-complaint doctrine recently modified in State v. Kendricks 1 applies in cases wherein a child is the victim of abuse. For the reasons below appearing, we hold that the fresh-complaint doctrine does not apply in such cases.

 

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge: Judge J. Randall Wyatt
Davidson County Supreme Court 09/06/95
State of Tennessee v. Anthony Darrell Dugard Hines
01S01-9303-CC-00052

This defendant was convicted of murder in the perpetration of armed robbery and sentenced to death. On direct appeal this Court affirmed defendant's conviction and remanded the case for resentencing because of erroneous jury instructions.

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge: Judge Robert E. Burch
Cheatham County Supreme Court 09/05/95
State of Tennessee v. Anthony Darrell Dugard Hines
01S01-9303-CC-00052

This defendant was convicted of murder in the perpetration of armed robbery and sentenced to death. On direct appeal this Court affirmed defendant's conviction and remanded the case for resentencing because of erroneous jury instructions.1

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge: Judge Robert E. Burch
Cheatham County Supreme Court 09/05/95
Misty Atchley v. Lifecare Center of Cleveland
03S01-9312-CH-00077

We granted review of the Special Workers' Compensation Appeals Panel decision pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(A), in order to determine, inter alia, whether the provisions contained in Tenn. Code Ann. § 50- 6-241(a)(1) [the multiplier statute], limiting an employee's permanent partial disability award to two and one-half (2½) times the medical impairment rating in cases in which the pre-injury employer returns the employee to employment at awage equal to or greater than the wage the employee was receiving at the time of the injury, apply to injuries involving scheduled members

Authoring Judge: Justice Frank W. Drowota, III
Originating Judge: Chancellor Earl H. Henley
Bradley County Supreme Court 09/05/95
01S01-9409-CV-00111
Authoring Judge:
Originating Judge: Thomas Goodall
Supreme Court 08/21/95
In Re: Estate of George C. Vincent
E2001-03035-SC-R11-CV
In this will construction case, we address the question of whether or not the doctrine of exoneration applies to a mortgage on real property passing by right of survivorship where the decedent's will directed that his personal representative pay all his "just debts." We find that the general direction to pay "just debts" is not sufficient to require that the estate pay the remaining balance on the mortgage of non-probate property. Furthermore, additional language in the will regarding the payment of installment debts is not sufficient to indicate that the testator intended to include mortgages of non-probate property where the testator's will specified only one beneficiary and did not mention either the property held by joint tenancy or the joint tenant.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge: Billy Joe White
Campbell County Supreme Court 01/22/93
Robert L. Delaney v. Brook Thompson, et al.
01S01-9808-CH-00144

This Court has been appointed by the Governor to decide the case of Delaney v. Thompson, et al., in which the plaintiff challenges the constitutionality of the uniquely statutory merit selection system for appellate judges called the Tennessee Plan. Rather than contend with the constitutional issues, the majority, deciding this case by statutory construction, utilizes a construction which reflects neither the meaning of the statute nor the positions of the parties. In doing so, the majority opinion neither clarifies issues of importance to the electorate and judiciary, nor discourages future litigation on the same issues.

Authoring Judge: Special Supreme Court Justice Robert D. Arnold
Originating Judge: Chancellor Ellen Hobbs Lyle
Supreme Court
April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.
02S01-9509-CV-00074

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
record shows, as a matter of law, that the defendant banks did not breach the duty of good faith in imposing fees for returned checks drawn on accounts with insufficient funds.
This Court concurs in the decision made by the trial court and the Court of Appeals.

Authoring Judge: Justice Lyle Reid
Originating Judge: Judge James M. Tharpe
Shelby County Supreme Court
State of Tennessee v. Gussie Willis Vann - Dissenting
03S01-9706-CR-00068

I agree with the majority’s resolution of every issue in this case but one: the effect of the trial court’s failure to instruct the jury on second-degree murder. The majority concludes that the trial court’s failure to instruct the jury on the offense of second-degree murder is not error because the evidence in the record does not support that offense. Because I find the evidence can indeed support a conviction of seconddegree murder, I respectfully dissent.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge: Judge R. Steven Bebb
McMinn County Supreme Court
Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting
03S01-9804-CV-00034

It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge: Judge Earle G. Murphy
Knox County Supreme Court
Dorothy Owens, as Conservator of Mary Francis King, et al. v. National Health Corporation, et al.
M2005-01272-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge: Robert E. Corlew, III
Rutherford County Supreme Court