Tony Morris v. Malone Freight Line, Inc.
03S01-9808-CH-00097
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. R. Vann Owens,
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 filed an action under the Workers' Compensation Act to recover for injuries he allegedly suffered while employed by the defendant. The defendant filed a Motion for Summary Judgment averring and showing by proper pleadings that it was a common carrier operating under a certificate of convenience and that the plaintiff was a leased-operator or owner-operator. The trial judge found the plaintiff was a leased-operator or owner-operator and that the defendant was operating under a certificate of convenience. Tenn. Code Ann. _ 5-6-16, in those parts applicable to this case, provides: "no common carrier by motor vehicle operating pursuant to a certificate of public convenience and necessity shall be deemed the `employer' of a leased-operator or owner-operator of a motor vehicle or vehicles under a contract to such a common carrier." Based upon this record, we find the evidence does not preponderate against the judgment of the trial judge. Costs of this appeal are taxed to the plaintiff. _____________________________ John K. Byers, Senior Judge CONCUR: ________________________________ Frank F. Drowota, III, Justice ________________________________ Roger E. Thayer, Special Judge 2

Melanie v. Dillender
02S01-9902-CH-00013
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. C. Creed Mcginley,
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 & Supp. 1998); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.

In re: Brittany Swanson, a Minor, Tennessee Baptist Children's Homes, Inc., v. Harry Lee Swanson
02S01-9810-CV-00103
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Joe H. Walker

This case concerns the termination of appellant Harry Swanson’s parental rights over his biological child, Brittany Swanson, who is now nine years old and in the custody of the appellee Tennessee Baptist Children’s Homes, Inc. (Baptist Children’s Home). Although Mr. Swanson’s parental rights were originally terminated by the Tipton County Juvenile Court, the circuit court of Tipton County denied the petition to terminate parental rights on an appeal by Mr. Swanson. The Court of Appeals reversed the decision of the circuit court and found that Mr. Swanson had “abandoned” Brittany because he had “willfully failed to support” her or “willfully failed to make reasonable payments toward [her] support” within the meaning of Tennessee Code Annotated section 36-1-102(1)(D) (1996). We hold that the statutory definition of “willfully failed to support” and “willfully failed to make reasonable payments toward such child’s support” is unconstitutional because it creates an irrebuttable presumption that the failure to provide monetary support for the four months preceding the petition to terminate parental rights constitutes abandonment, irrespective of whether that failure was intentional. This presumption violated Mr. Swanson’s federal and state constitutional right to the care and custody of his daughter. Accordingly, for the reasons discussed below, the judgment of the Court of Appeals is reversed, and this case is remanded to the circuit court for entry of an order returning custody to Mr. Swanson.

Charles Gaylor vs. State
03C01-9702-CR-00066
Trial Court Judge: James W Itt

01C01-9806-CR-00265
01C01-9806-CR-00265
Trial Court Judge: Jane W. Wheatcraft

State vs. Jackie Dean Mayes, Jr.
01C01-9812-CC-00494

State vs. Glen Porter
03C01-9808-CR-00294

State vs. Harold Dufour
03C01-9902-CR-00063
Trial Court Judge: James Curwood Witt

State vs. Dennis Wade Suttles
03C01-9801-CR-00036

State vs. James Gilbert
03C01-9808-CC-00303
Trial Court Judge: Rex Henry Ogle

State vs. Teresa Everett
E1999-02647-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: E. Eugene Eblen
Following a trial on September 28, 1998, a Loudon County jury convicted Teresa Everett, the defendant and appellant, of attempt to commit second-degree murder. The trial court subsequently sentenced her to serve fifteen (15) years in the Tennessee Department of Corrections. The defendant presents the following issues on appeal (1) Whether the evidence was sufficient to convict her; (2)Whether the trial court erred by allowing improper impeachment; (3) Whether the trial court erred by allowing a lay-witness to testify to his opinion; (4) Whether the trial court erred by allowing the state to introduce character evidence; (5) Whether the state's closing arguments were improper; and (6) Whether the defendant should be granted a new trial based on newly discovered evidence. Although the evidence is sufficient to support the verdict, we find the cumulative effect of all the remaining errors deprived the defendant of a fair trial. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial.

Virginia Byrd v. Cookeville General Hospital
01S01-9805-CV-00097
Authoring Judge: Per Curiam
Trial Court Judge: Hon. John Turnbull, 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) for hearing and reporting of findings of fact and conclusions of law. The employer, Cookeville General Hospital, insists (1) the trial judge erred in awarding permanent disability benefits for the employee's right leg injury and (2) the award of seventy percent permanent partial disability to the left foot is excessive. As discussed below, the panel has concluded the judgment should be affirmed. Because the extent of an injured worker's permanent vocational

Jo Ann Forman, Inc. et al vs. Nat'l Council on Compensation
01A01-9805-CH-00260
Trial Court Judge: Thomas A. Greer, Jr.

01A01-9809-CH-00504
01A01-9809-CH-00504
Trial Court Judge: Carol L. Mccoy

Taylor vs. Campbell
01A01-9812-CH-00638
Trial Court Judge: Carol L. Mccoy

Turner vs. Campbell
01A01-9903-CH-00139
Trial Court Judge: Stella L. Hargrove

Opryland Hotel vs. Millbrook Distribution Svcs.
01A01-9810-CH-00551
Trial Court Judge: Carol L. Mccoy

Cumberland Bend Investors vs. Ambrose Printing
01A01-9810-CH-00543
Trial Court Judge: Irvin H. Kilcrease, Jr.

Wagner vs. Gaston
01A01-9804-CV-00215
Trial Court Judge: Patricia J. Cottrell

Lattimer vs. TDOC
01A01-9804-CH-00200
Trial Court Judge: Carol McCoy

In re: The Adoption of female child, E.N.R.
01A01-9806-CH-00316
Trial Court Judge: Patricia J. Cottrell

Hulshof vs. Hulshof
01A01-9806-CH-00339
Trial Court Judge: Patricia J. Cottrell

Nickelson vs. Sumner Co. Bd. of Ed.
01A01-9807-CV-00375
Trial Court Judge: Patricia J. Cottrell

Sherlock vs. Kwik Sak, et al
01A01-9807-CV-00346
Trial Court Judge: Patricia J. Cottrell

Haywood vs. Haywood
01A01-9808-CH-00442
Trial Court Judge: Patricia J. Cottrell