State vs. James Somerville
02C01-9608-CC-00289

State vs. Antonio Crenshaw
02C01-9607-CR-00217
Trial Court Judge: Bernie Weinman

State vs. Robert Gwin
02C01-9512-CR-00380

State vs. Terrance Royal/Richard Marlowe
02C01-9609-CR-00299

S tate vs. Stephanie Dowagiac
02C01-9610-CR-00353
Trial Court Judge: Chris B. Craft

State vs. Murphy
01S01-9602-CC-00035

State vs. Gary Poplar
02C01-9609-CC-00316
Trial Court Judge: Jon Kerry Blackwood

State vs. Shonda McGill
02C01-9507-CC-00194

State vs. Shonda McGill
02C01-9507-CC-00194
Trial Court Judge: C. Creed Mcginley

State vs. John Gillon
02C01-9610-CC-00363
Trial Court Judge: Joseph H. Walker, III

State vs. Steven Little
02C01-9605-CC-00168
Trial Court Judge: Whit A. Lafon

State vs. Bailey
03C01-9601-CR-00028
Trial Court Judge: R. Jerry Beck

Bernard and Bernard vs. Houston Ezell Corp. et al
01A01-9701-CH-00015
Trial Court Judge: Cornelia A. Clark

Cooner vs. Cooner
01A01-9701-CV-00021

Family Golf of Nashville, Inc. vs. Metropolitan Gov't.
01A01-9612-CH-00557
Trial Court Judge: Irvin H. Kilcrease, Jr.

Cooner vs. Cooner
01A01-9701-CV-00021
Trial Court Judge: Muriel Robinson

Tuttle vs. Tuttle
01A01-9512-CV-00546
Trial Court Judge: Gerald L. Ewell, Sr.

State vs. Bradley
03C01-9609-CR-00349

Maney vs. State
03C01-9612-CR-00470

Miller vs. State
03C01-9608-CR-00288
Trial Court Judge: Douglas A. Meyer

State of Tennessee vs. Quantreal Underwood
02C01-9604-CR-00120
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge L. Terry Lafferty

The defendant, Quantreal Underwood, was convicted of second degree murder and two counts of aggravated robbery.1 The trial court imposed a Range I, twenty-five-year sentence for second degree murder and two concurrent eight-year sentences on each count of aggravated robbery.

Horace A. LaRue, and Carla LaRue, Parents and next of kin of Randall Charles LaRue, Deceased., v. 1817 Lake Incorporated, D/B/A Bonkers, Howard Tannenbaum, Ricky Chambers, Robert Archer, and Danny G. Brewer
03A01-9702-CV-00053
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler Rosenbalm

This case arises from a motorcycle accident in which Randy LaRue, the 20-year old son of the plaintiff's, was killed. Plaintiff's sued 1817 Lake, Inc., D/B/A/ Bonkers, a Knoxville restaurant and bar, and Howard Tannenbaum, presidetn of 1817 Lake Inc., alleging that the defendant negligently and unlawfully served Randy and his companion, defendant Danny Brewer, alcoholic beverages on the evening of the accident. Plaintiffs also sued Robert Archer, the bartender who allegedly provided LaRue and Brewer with the drinks, and Ricky Chambers, the doorman on duty at Bonkers that night. The remaining defendant, Danny G. Brewer was the operator of the motor cycle at the time of the accident which resulted in Randall Charles LaRues, death.

State of Tennessee vs. Robert Lee Fleenor
03C01-9611-CR-00400
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge R. Jerry Beck

The appellant, Roger Lee Fleenor, appeals the sentence imposed by the Sullivan County Criminal Court upon his plea of guilty to the offense of attempt to commit aggravated sexual battery, a class C felony. Pursuant to a negotiated plea, the appellant received a sentence of eight years as a range II offender. The manner of service of the sentence was submitted to the trial court for determination. Following a sentencing hearing, the trial court denied any form of alternative sentence and ordered that the sentence be served in the Department of Correction.
The appellant now appeals this decision.

Wilburn v. Boyle
03S01-9611-CH-00111
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. John S. Mclellan, III,
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 below appeals the trial court's dismissal of his complaint, holding that the plaintiff had not met his burden of proving that he had sustained a permanent vocational disability as a result of his work-related accident. We affirm the trial court's judgment. The plaintiff offered the testimony of himself, his brother, Bobby W ilburn; his parents, Robert and Ruth Wilburn; and Sondra Brown, the record keeper for Med- One, where plaintiff originally received medical treatment. He also submitted the deposition of plaintiff's treating physician, Dr. Jim Brasfield, and the medical report of an examining physician, Dr. Calvin Johnson, along with other documentary exhibits. The defendant offered the testimony of Brian Looney, who had been plaintiff's supervisor at Aquamine; two co-workers of the plaintiff at Aquamine, Gerald Holmes and Paul Pyle; and Robert Rinehart, the manager of Aquamine at the time of these events, as well as documentary evidence. Parties disputed whether the date of the accident was September 25 or 29, 1993, but it was eventually stipulated that adequate notice was given. Plaintiff, Mr. Looney and Mr. Pyle were assembling a pallet rack, when the plaintiff's hand was squashed between the pallet rack and the wall. Plaintiff testified that he jerked his hand out, but Mr. Pyle and Mr. Looney both testified that Mr. Looney immediately pulled the rack back, releasing the plaintiff's hand. Plaintiff further testified that he began to feel pain in his shoulder within ten to fifteen minutes after the incident and that he complained to his co-workers about it. However, all of the defendant's witnesses testified that he did not mention any shoulder pain to them until approximately three weeks after the accident. Plaintiff continued to work very long hours until October 1, 1993, as the defendant was moving from its location in Bristol, Virginia to a new office in Bristol, Tennessee. The accident occurred during the move. 2

Richard Hitchcock v. WaUSAu Insurance Companies, et al.
01S01-9612-CH-00250
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Robert S. Brandt,
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. In this appeal, the Second Injury Fund (the fund) contends (1) the evidence preponderates against the trial court's finding that the claimant is permanently and totally disabled, and (2) that it was error to approve a settlement between the employee and employer under the circumstances. The claimant contends the objection to the settlement comes too late. As discussed below, the panel has concluded both judgments should be vacated and the case remanded for further consideration. The employee or claimant, Hitchcock, is forty-two and a high school graduate. On October 14, 1993, he suffered a compensable back injury while employed as a warehouseman for the employer, Service America. He has since had three back operations. The operating surgeon has released him to return to work with lifting, twisting and bending restrictions and assigned a permanent impairment rating of twelve percent to the whole body. On September 5, 1995, the trial court approved a settlement between the claimant and his employer, whereby the claimant received permanent partial disability benefits based on forty-five percent to the body as a whole, paid in a lump sum. The fund did not participate in the settlement. The claimant's return to work has been complicated by two pre- existing conditions, blindness in one eye and limited side vision in the other, and a prior carpal tunnel release. A vocational expert testified the claimant is capable, in his disabled condition, of performing medium or light sedentary work. At the time of the trial, the claimant was in fact employed by Opryland as a cashier. After a trial in which the Second Injury Fund was the only defendant, the trial court found the claimant to be permanently and totally disabled and found the fund liable, pursuant to Tenn. Code Ann. section 5-6- 28(a), for benefits at the claimant's compensation rate from the date the claimant reached maximum medical improvement from the injury until the claimant reaches age sixty-five. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the evidence to determine where the preponderance of the evidence lies.