Logan vs. Logan
01A01-9711-CH-00660
Trial Court Judge: William C. Koch

Logan vs. Logan
01A01-9711-CH-00660
Trial Court Judge: John W. Rollins

Lucy L. Bond v. Belle Meade Fund Partners v. Belle Meade Fund Partners, Branch Property L.P., Branch Property, Ltd. Partnership
01A01-9802-CV-00059
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas W. Brothers

The plaintiff sued for injury suffered when she stepped into a hole in the asphalt surface of a parking lot provided for customers of Kroger Company. Kroger was dismissed by nonsuit, and the remaining defendants were dismissed by summary judgment. Plaintiff appealed and presented the following issue: I. Whether a genuine issue of material fact has been raised by the plaintiff/appellant, so as to warrant this cause to be tried on its merits.

Garrard vs. Metropolitan Gov't.
01A01-9803-CV-00117
Trial Court Judge: Walter C. Kurtz

State vs. Taurys Walls
02C01-9601-CR-00019

Joel Summers vs. Lisa Summers
02A01-9709-CH-00230
Trial Court Judge: John Walton West

State vs. Griffis
03C01-9708-CR-00358
Trial Court Judge: E. Eugene Eblen

Evid., And Mcdaniel v. Csx Transportation, Inc., 955 S.W.2D 257 (Tenn. 1997). The
03C01-9707-CC-00270
Trial Court Judge: Donald P. Harris

State vs. Bidwell
03C01-9710-CC-00470
Trial Court Judge: J. Curtis Smith

Collier vs. State
03C01-9709-CR-00388

State vs. George Kelly
01C01-9610-CC-00448
Trial Court Judge: Charles D. Haston, Sr.

State vs. Johnny Davidson
01C01-9707-CC-00290

State vs. Eddie Coley
01C01-9707-CC-00270

State vs. Eddie Coley
01C01-9707-CC-00270

State vs. Larry Dixon
01C01-9802-CC-00085
Trial Court Judge: John H. Gasaway, III

State vs. Danny King
01C01-9710-CR-00487
Trial Court Judge: Thomas H. Shriver

The City of White House vs. Whitley
01S01-9711-CH-00259

The City of White House vs. Whitley
01S01-9711-CH-00259

State vs. Martin
03C01-9711-CR-00508
Trial Court Judge: James E. Beckner

State vs. Bivens
03C01-9711-CR-00497

State vs. Callahan
03S01-9711-CC-00136
Trial Court Judge: R. Jerry Beck

State vs. Sweat
03C01-9708-CC-00348
Trial Court Judge: D. Kelly Thomas, Jr.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Earle G. Murphy

Bonnie Doss Knutson v. Dollar General Corporation
01S01-9709-CV-00207
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon.

Willie Gooch v. Mckinnon Bridge Company
01S01-9708-CH-00169
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Ellen Hobbs Lyle,
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) for hearing and reporting of findings of fact and conclusions of law. The issue on appeal is whether the denial of the employee's motion to set aside the workers' compensation settlement was an abuse of discretion. As discussed below, the panel has concluded the trial court did not err and that the trial court's action should be affirmed. The employee, Mr. Willie Gooch, a manual laborer, injured both hands on March 14, 1995 during the course and within the scope of his employment for McKinnon Bridge Company. Dr. Fred Torstrick had assigned the following impairment ratings: eight percent to the left index finger, twenty-nine percent to the left long finger, twenty-nine percent to the left ring finger, twelve percent to the left small finger, fifteen percent to the right index finger, fifteen percent to the right long finger, and twelve percent to the right ring finger. Mr. Todd Smith, a representative for the insurance adjusting agency, advised Mr. Gooch of the treating physician's disability ratings and offered him a settlement based on those ratings. However, the settlement eliminated any future medical benefits for the injury. Mr. Smith, admittedly, did not read the documents to Mr. Gooch, who cannot read and can barely write his name. The settlement proposed a lump sum payment in the sum of $11,962.19, in addition to medical expenses already paid totaling $2,766.1. Mr. James Tucker, attorney for McKinnon Bridge Company, testified that he personally called Mr. Gooch and explained the settlement, including the omission of any future medical expenses and the settlement's finality. Mr. Tucker and Mr. Gooch met and went over the prepared documents, which Mr. Gooch then signed. Mr. Tucker testified that he did not read the documents to Mr. Gooch verbatim but that he did cover the substance of the material portions in question. On October 31, 1996, McKinnon Bridge Company and the injured employee filed a Petition for Approval of Final Settlement in the Chancery Court of Davidson County. Mr. Gooch was not represented by counsel. A hearing was held that same day. The chancellor repeatedly told Mr. Gooch he would likely receive more money if he took his case to trial. The chancellor further informed Mr. Gooch that he certainly would be awarded future medical benefits if taken to trial. Moreover, the chancellor advised Mr. Gooch that he was entitled to hire an attorney. Despite the information provided by the insurance adjuster, the defendant's attorney, as well as the chancellor, Mr. Gooch still expressed a desire to settle the matter. Thus, the chancellor entered an Order Approving the Settlement, after finding the settlement to be in the employee's best interest. On his drive home from the courthouse, Mr. Gooch concluded he had made a mistake. He hired an attorney, who, on November 8, 1996, filed a timely Motion to Set Aside The Order Approving the Workers' Compensation Settlement, grounded on his lack of sophistication and illiteracy, and that he had changed his mind after considering what he had been told by the judge and 2