State Farm Ins. Co. vs. Charles Schubert, et al
E2000-02054-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James B. Scott, Jr.
State Farm Insurance Company filed a declaratory judgment action seeking a determination as to its liability under the uninsured motorist ("UM") coverage of an automobile insurance policy issued to Charles Schubert. Schubert and his wife had obtained judgments against an uninsured motorist totaling $330,000. Of this amount, Schubert was awarded $260,000 for his injuries. His wife, Clara Schubert, was awarded $70,000 for loss of consortium. At the time of the automobile accident that gave rise to the underlying claims, Schubert was acting within the course and scope of his employment; as a result of his injuries, he received workers' compensation benefits of $89,518.08. We are asked to decide how much of the UM single-person coverage limit of $100,000 is payable in view of the language of the following provision of the policy as it applies to the UM coverages:

Bobby King vs. City of Gatlinburg
E2000-00734-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Telford E. Forgerty, Jr.
The Trial Court refused to entertain plaintiff's action on the grounds there was no justiciable controversy between the parties. We affirm.

The Weather Doctor Services Co., Inc., vs. Mark Stephens, et al
E2000-01427-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Daryl R. Fansler
This is a suit in quantum meriut by The Weather Doctor Services Co., Inc., a subcontractor of David T. Goldnetz, d/b/a Architectural Custom Home Builders, Inc., against Mark Stephens and his wife Cindy Stephens. The Trial Court sustained the Stephenses' motion for summary judgment, finding that the undisputed facts did not sustain a cause of action in quantum meriut. We affirm.

Darrell Smith vs. Chattanooga Medical Investors, Inc. d/b/a Life Care Center Chattanooga
E2000-01352-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiff's action for breach of contract for nursing home services was dismissed by the Trial Judge on Summary Judgment. On appeal, we hold plaintiff was third party beneficiary on contracts between the State of Tennessee and defendant.

Jesus M. Parra v. Rieth-Riley Construction Co.,
W1999-00419-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Robert L. Childers, Judge
The trial judge found the plaintiff, Jesus M. Parra, suffered an 8 percent permanent partial disability to the right foot. The defendants, Rieth-Riley Construction Company and Zurich-American Insurance Group, contend the evidence does not support the award and further say the injury was limited to two toes rather than to the foot. We affirm the judgment of the trial court.

Kitty Lou Kimbro v. Ferro Corporation
M2000-00400-WC-R3-CV
Authoring Judge: Carol Catalano, Sp. J.
Trial Court Judge: J. O. Bond, Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) (1999) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Ferro Corporation raises three issues on appeal, arguing that the trial court erred in (1) finding that the plaintiff had suffered a permanent injuryto the left upper extremity, (2) finding a 1 percent anatomical impairment to the left upper extremity, and (3) assessing awards of 45 percent permanent partial disability to the right upper extremity and 3 percent permanent partial disability to the left upper extremity. On review, the Panel concludes that the evidence does not preponderate against the trial court's finding of a permanent injury to the left upper extremity. Furthermore, though we conclude that the trial court's finding of 1 percent anatomical impairment to the left upper extremity was excessive, we nonetheless hold that the evidence does not preponderate against the trial court's awards of 45 percent permanent partial disability to the right upper extremity and 3 percent permanent partial disability to the left upper extremity. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Criminal Court Affirmed CAROL CATALANO, Sp. J., in which ADOLPHO A. BIRCH, JR., J., and JAMES L. WEATHERFORD, Sr. J., joined. Jill A. Hanson, Nashville, Tennessee, for the appellant, Ferro Corporation. Susan K. Bradley, Murfreesboro, Tennessee, for the appellee, Kitty Lou Kimbro. MEMORANDUM OPINION I. Facts and Procedural History Kitty Lou Kimbro,1 the plaintiff, began working for Ferro Corporation (Ferro),the defendant, in July 1987. Except for a two-year layoff which ended in 1993,2 she was employed by Ferro continuously. During her employment with Ferro, Kimbro occupied a variety of positions, working as a smelter operator, running machines in Ferro's milling department, and mixing, weighing, and packaging raw materials. Many of these tasks involved strenuous lifting of boxes and bags of materials. At some point while working in the milling department, Kimbro noticed that she was experiencing pain in her hands. In February 1998, Kimbro reported this pain to Ferro. Initially, Kimbro was treated conservatively for her injuries, but eventually she was referred to Joseph Weick, M.D., who performed a surgical "carpal tunnel release" on her right arm. Kimbro returned to work for Ferro on light duty the day after her surgery. Subsequently, Kimbro transferred to Ferro's "lab" department, where she worked full time and without restrictions, though she still experienced pain to her hands while writing and while operating air hoses used in the lab. During this time, Kimbro complained to Weick on numerous occasions that she was having difficulty with her grip strength and with controlling her thumb. Kimbro continued to work for Ferro for approximately nine months before she was terminated.3 At trial, Kimbro testified that she continued to have pain in the edges of her hands, through her thumbs and down the sides of her palms, and she also had symptoms of numbness and problems gripping. Kimbro also presented the deposition testimony of orthopedic surgeon Richard Fishbein, M.D., who assigned Kimbro an anatomical impairment rating of 5 percent to the left upper extremity and 12 percent to the right upper extremity. Ferro, on the other hand, presented the deposition testimony of Wieck, who assigned Kimbro an anatomical impairment rating of 5 percent to the right upper extremity, but no impairment rating to the left upper extremity. Wieck, however, conceded that he did not evaluate her left extremity in determining impairment. The trial court concluded that Kimbro had suffered a permanent vocational disability resulting from bilateral carpal tunnel syndrome, and it awarded Kimbro benefits based on findings of 45 percent permanent partial disability to the right upper extremity and 3 percent permanent partial disability to the left upper extremity. Ferro appealed, asserting that the trial court erred in (1) finding permanent injury to the left upper extremity; (2) finding a 1 percent anatomical impairment to the left upper extremity; and (3) assessing permanent partial disability awards of 45 percent to the 1At trial, Kimbro testified that she was forty years old and has obtained her GED. 2During the period in which she was laid off from Ferro, Kimbro worked in various jobs as a dock worker, waitress, and cashier. 3In her brief, Kimb ro intimates that she was wron gfully terminated because she was "fired . . . after giving her deposition in this workers' co mpensatio n action." Fe rro maintains that she was term inated for "atten dance rea sons." The allegatio n that Kimbro was fired wrongfully, however, is not part of the action before the Panel and will not be addressed. -2-

Tyrone V. Turner v. State of Tennessee
M2000-01949-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge J. S. Daniel

The petitioner, Tyrone V. Turner, appeals the trial court's denial of post-conviction relief. The issue presented for review is whether the petitioner was denied the effective assistance of counsel on direct appeal. The judgment is affirmed.

Mathis T. Vaughn v. State of Tennessee
M2000-00755-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert W. Wedemeyer

Petitioner, Mathis T. Vaughn, filed a Petition for Post-Conviction Relief in the Montgomery County Circuit Court, which the post-conviction court subsequently denied. Petitioner challenges the denial of his petition, raising the following issue: whether the trial court erred in dismissing his Petition for Post-Conviction Relief, based upon a ruling that Petitioner’s allegations of ineffective assistance of counsel were without merit. After a thorough review of the record, we affirm the trial court's denial of the Petitioner's Petition for Post-Conviction Relief.

Audie Lowe, et al vs. Bill Goad, et al
E2000-02056-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Billy Joe White
Audie Lowe, Hilda Lowe, and Sheilda Mills ("Plaintiffs") brought this boundary line suit against members of their family, Bill Goad, Mattie Goad, Eugene Olmstead, and Mae Olmstead ("Defendants"). Plaintiffs allege their predecessor-in-title, Arlie Overton, had an agreement with Defendants' predecessor-in-title, Sherman Overton, that a fence ("Fence") would serve as the boundary line. Plaintiffs' deed does not include the disputed area up to the fence. After a trial, the Trial Court dismissed Plaintiffs' complaint, holding that the Fence was not the boundary line by agreement or acquiescence. Plaintiffs appeal. We affirm.

Loreta MCCollum, et al vs. James Connatser
E2000-02561-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Dale Young
On May 9, 1997, Alleen C. McCroskey ("the decedent") passed away, leaving two children, Loretta C. McCollum and James W. Connatser, Jr. McCollum, individually and as administratrix of the decedent's estate, filed suit against her brother, claiming that Connatser, as a result of undue influence on the decedent and/or conversion, wrongfully obtained monies that now rightfully belong to the decedent's estate. The trial court granted Connatser summary judgment, and McCollum appealed. We vacate the grant of summary judgment and remand for further proceedings.

Randall B. Coward vs. Blount County
E2000-02378-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Dale Young
Randall B. Coward ("Plaintiff") was incarcerated in the Blount County jail after being charged with DUI. Plaintiff claims he was sitting on the bed in his cell when the mattress shifted causing him to fall to the floor, landing on his head. Plaintiff says there was a full size mattress on a twin size frame with the mattress extending over the frame by six to eight inches. Plaintiff sued alleging negligence and/or gross negligence on the part of Blount County ("Defendant"). Defendant filed a summary judgment motion and attached the affidavits of the Sheriff of Blount County and a deputy sheriff. Both of these individuals swear that there were two styles of mattresses in the jail, and both styles fit the bed frames. In response to the summary judgment motion, Plaintiff filed his own affidavit which stated that the mattress extended over the frame by six to eight inches and was a full size mattress on a twin size frame. The Trial Court granted Defendant's summary judgment motion. We conclude there is a genuine issue of material fact, and, therefore, vacate the judgment.

Steven Hull vs. Susan Hull and Garth Eddy
E2000-02696-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: O. Duane Slone
In this action to recover proceeds on life insurance policies required by a divorce decree for the children, the Trial Judge held the children were entitled to the proceeds, rather than the beneficiary named in the policies. We affirm.

Allied Sound, Inc. vs Eddie Neely & Johnny Davis
E2000-01095-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: O. Duane Slone
In this action alleging misrepresentation, concealment and fraud, the Trial Court granted defendants summary judgment on the grounds that it was unreasonable for plaintiff to rely on any representations made by defendants. On appeal, we affirm.

E2000-01095-R3-CV
E2000-01095-R3-CV
Trial Court Judge: O. Duane Slone

Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.

Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.

Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.

Jack Hutter, vs. Robert Cohen & John Hutter vs. Allen Bray
E1999-01859-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.

Blanche Bunch vs. Robert Sharp
E1999-02524-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Conrad E. Troutman, Jr.
In this boundary line dispute, the Trial Judge established the boundary between the parties' lands and Plaintiff has appealed. We affirm.

Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Trial Court Judge: W. Dale Young

Dexter L. Williams vs. State
E1999-00871-SC-R11-PC
Authoring Judge: Justice William M. Barker
Trial Court Judge: D. Kelly Thomas, Jr.

Sandra G. Jackson v. Goodyear Tire & Rubber Company
W1999-01691-WC-R3-CV
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: William Michael Maloan, Chancellor
The trial court determined that the plaintiff had suffered a 2% permanent partial disability to her right arm and a 3% permanent partial disability to her left arm as the result of bilateral carpal tunnel syndrome. The defendant submits that the awards are excessive and that the testimony of the independent medical evaluator should be disallowed due to his failure to utilize the AMA Guidelines in determining grip strength loss. For the following reasons, we disallow that portion of the independent medical evaluator's testimony dealing with grip strength loss but affirm the trial court's award of vocational disability.

Carolyn Sue Moore v. Wal-Mart Stores, Inc.
W2000-00719-WC-R3-CV
Authoring Judge: C. Creed Mcginley, Sp. J.
Trial Court Judge: Robert L. Childers, Judge By Interchange
The employer contends this claim is time barred by the statute of limitations and notice provisions and that the award to the workers' scheduled member was excessive. As discussed below, the panel concludes that the judgment of the trial court should be affirmed in all respects.

Doretha Currie v. Kaiser Aluminum & Chemical
W1999-00821-WC-R3-CV
Authoring Judge: Wil V. Doran, Sp. J.
Trial Court Judge: Joe C. Morris, Chancellor
The appellant presents the following issues for review: (1) Whether the trial court erred in finding that plaintiff sustained permanent partial disability as a result of a work-related injury on August 16, 1997; and (2) Whether the trial court's award of 35 percent permanent partial disability to the left arm was supported by a preponderance of the evidence. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

James Crawford vs. Ray Thomason, et al
M1998-00926-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert E. Corlew, III
This appeal stems from a hostile work environment claim involving the Department of Streets and Signs of the City of Murfreesboro. After enduring approximately three years of racial harassment by his immediate supervisors, an employee of the Department of Streets and Signs filed suit in the Chancery Court for Rutherford County against the City of Murfreesboro, the city manager, and his two supervisors seeking damages and injunctive relief under the Tennessee Human Rights Act. The City moved for summary judgment, pointing out that the offending supervisors had been terminated less than one month after the employee brought their conduct to the attention of the public works director. The trial court granted the summary judgment and dismissed the complaint. The employee has appealed. After reviewing the record in light of the principles announced in Parker v. Warren County Util. Dist., 2 S.W.3d 170 (Tenn. 1999), we have determined that the City is entitled to a judgment as a matter of law. Accordingly, we affirm the summary judgment.