Sandra Kay Cornelison v. Northwest Tn Economic Dev. Council
02S01-9704-CH-00035
Authoring Judge: Robert L. Childers, Special Judge
Trial Court Judge: Hon. Joe C. Morris
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 plaintiff sustained an injury to her back during the course of employment on March 1, 1994. Based on her age, education, lack of transferable job skills, the nature and extent of her injury, job opportunities for similarly injured workers and all other relevant vocational factors, the trial judge awarded her permanent partial disability benefits of 5% to the body as a whole. We find that the evidence preponderates against an award of 5% and in favor of an award of 25% permanent partial disability to the body as a whole and affirm the judgment of the trial court as modified. The plaintiff is a 42-year-old (39 at the time of the accident) female with a Child Development Associate's Certificate to work with young children. The plaintiff also has a cosmetology license. For some ten years prior to trial, the plaintiff was employed by the Madison County School System working with visually impaired students and CDC students at the local high school. At the time of the accident, and since, the plaintiff has sustained employment as an art teacher for four and five-year-old children in the Northwest Tennessee Head Start Program. This job entails lifting and squatting to manipulate and communicate with the children, as well as extended periods during which she must remain on her feet. On March 1, 1994 while attempting to move an art table in her classroom, the plaintiff experienced pain in her lower back which was initially diagnosed as a lower lumbar muscle strain. From March 23, 1994 through September 24, 1994 the plaintiff was seen by Dr. James Warmbrod who diagnosed the plaintiff as having a resolving lumbosacral sprain. The plaintiff was subsequently treated on October 21, 1994 by Dr. Jerry Engelberg, who found no significant abnormalities. Dr. Glen Barnett, a neurosurgeon, examined and treated the plaintiff from November 4, 1994, through August 12, 1996. Dr. Glen Barnett stated during the course of that treatment that he did not believe that surgery would decrease her pain. On April 1, 1996, Dr. Glen Barnett opined that the plaintiff had reached maximum medical

Marvin McCarley and Ellyse McCarley v. West Food Quality Service d/b/a Kentucky Fried Chicken
02S01-9610-CV-00085
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Jon Kerry Blackwood

The plaintiffs, Marvin and Ellyse McCarley, appeal the summary dismissal of their complaint alleging that Mr. McCarley received food poisoning after ingesting food improperly prepared by the defendant, Kentucky Fried Chicken. The trial court granted the defendant's motion for summary judgment. The Court of Appeals affirmed and held that the plaintiffs' proof was insufficient to establish the element of causation. We granted appeal to address: (1) the Court of Appeals' analysis in summary judgment dispositions; and (2) the quantum and type of proof plaintiffs must proffer to survive summary dismissal in negligent food poisoning cases. Upon review, we reverse and remand for further proceedings consistent with this opinion.1
 

Stateof Tennessee v. Michael Joe Boyd
02S01-9611-CR-00102
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge Joseph B. McCartie

I dissent from the majority's holding that the jury's consideration of the invalid aggravating circumstance was harmless error.  Thos not every imperfection in the deliberative process is sufficient, even in a capital case, to set aside a ... judgement, the severity of the sentence mandates careful scrutiny in the review of any colorable claim of error.

Josephine Brown, Whitfield Brown, and Earline Culp, v. Dr. Kenneth Kudsk and UT Medical Group, Inc.
02A01-9611-CV-00291
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Robert L. Childers

This is an appeal from a summary judgment in a medical malpractice case. The trial 2 court entered an order of summary judgment on behalf of Defendant, Dr. Kenneth Kudsk (“Dr. Kudsk”). Plaintiffs, Josephine Brown ( “Brown”), Whitfield Brown, and Earline Culp, appeal the judgment citing, inter alia, errors in the trial court’s granting of summary judgment when the Plaintiffs’ expert affidavits and deposition testimony were proper responsive proof to the Defendant’s motion for summary judgment. For reasons stated herein, we affirm the trial court’s judgment.

Hawks vs. City of Westmoreland
01S01-9704-CV-00083

State vs. Keith Henderson
02C01-9707-CR-00263
Trial Court Judge: Carolyn Wade Blackett

Patricia A. Anderson v. Hartsville Convalescent Center, et al.
01S01-9703-CH-00070
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon.

Timothy P. Mullinax v. Wabash Alloys & Cigna Ins. Co.
01S01-9702-CV-00034
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Allen Wallace,
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)(3) for hearing and reporting of findings of fact and conclusions of law. The employer and its insurer contend the evidence preponderates against the trial court's finding that the employee has a ten percent permanent medical impairment and in favor of a finding that the employee has a five percent medical impairment rating. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Mullinax, suffered a compensable low back injury on August 3, 1995, when he was hit in the head by a steel beam and knocked ten or fifteen feet onto his back. He was referred by the employer to a chiropractor, who referred him to Dr. Verne Allen for treatment of pain in his left shoulder and arm, low back pain and problems with his hips and legs. The doctor ordered an MRI and myelogram, restricted him from lifting more than forty pounds occasionally or twenty pounds repetitively, and assessed his permanent medical impairment at five percent to the whole body, without performing any range of motion tests. He told the claimant there was nothing anybody could do for him. The claimant was referred, apparently by his attorney, to Dr. Robert Barnett, for examination and evaluation. After considering the claimant's history, results of scientific tests and range of motion tests, Dr. Barnett restricted the claimant from any heavy lifting, repetitive lifting, bending, stooping, bending or squatting, and assessed his permanent impairment at ten percent to the whole body. Both doctors based their opinions on appropriate guidelines and both are eminently qualified experts in their fields of specialty. Dr. Allen is board certified in neurological surgery, Dr. Barnett in orthopedic surgery. The trial judge accepted the opinion of Dr. Barnett and rejected that of Dr. Allen. Appellate review of a finding of fact in a workers' compensation case is de novo upon the record of the trial court, accompanied by a presumption of correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Accordingly, we have conducted an independent examination of the record to determine where the preponderance of the evidence lies.

Wigginton vs. Wigginton
01A01-9704-CH-00163

State, ex. rel. Rion vs. Rion
01A01-9704-CV-00194
Trial Court Judge: Muriel Robinson

State vs. Reginald Thompson
02C01-9611-CR-00380

State vs. Clyde Edgeston
02C01-9611-CC-00413

State vs. Richard Patterson , et al
02C01-9702-CC-00074

State vs. Ray Anthony Bridges
02S01-9606-CC-00053

Boatman's Bank vs. Steven Dunlap
02A01-9607-CH-00166
Trial Court Judge: Floyd Peete, Jr.

State vs. Mark Tyre
02C01-9702-CC-00057
Trial Court Judge: J. Steven Stafford

State vs. Boston
03C01-9611-CR-00401

Turnbo vs. Turnbo
01A01-9307-CH-00314

Estis, et. al. vs. Kelley, et. al.
01A01-9709-CV-00513
Trial Court Judge: Robert L. Jones

Bragg vs. Metro Gov't.
01A01-9703-CV-00111
Trial Court Judge: Hamilton V. Gayden, Jr.

Barnett vs. Barnett
01A01-9704-CV-00187
Trial Court Judge: Muriel Robinson

Steiner vs. The Parman Corp.
01A01-9705-CV-00233

Hammock vs. Sumner Co.
01A01-9710-CV-00600
Trial Court Judge: Henry F. Todd

Stewart vs. HCA Health Services
01A01-9603-CV-00111
Trial Court Judge: Thomas W. Brothers

Farmer vs. Dept. of Children Svcs.
01A01-9610-JV-00485
Trial Court Judge: William B. Cain