Opinions

02S01-9604-CV-00044
02S01-9604-CV-00044

Perry Hart and Reba Hart v. Tommy Casey, Jo Alice Casey, et al. - Concurring
02A01-9602-CH-0036
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor Joe C. Morris

This appeal involves a “land sale - purchase agreement” between Perry Hart and wife, Reba Hart (Buyers) and Tommy Casey (Seller).¹ Buyers appeal from the judgment of the trial court finding that the “land sale - purchase agreement” between the parties had been terminated and ordering that Seller was the owner of the property.

01S01-9511-CH-00211
01S01-9511-CH-00211

Pat Simpson, v. Golden Service Realty, and Auction, Inc., and PHH Home Equity Corporation
02A01-9509-CH-00203
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor William Michael Maloan

This case involves the alleged breach of a contract for the sale of real estate. The trial court found that the seller breached the contract by selling the real estate to a third party. Damages were assessed based on an expert’s appraisal rather than the sale price to the third party. We affirm the finding of a breach and reverse on the measure of damages.

02S01-9605-CH-00049
02S01-9605-CH-00049

03A01-9607-CV-00237
03A01-9607-CV-00237

03A01-9607-CV-00232
03A01-9607-CV-00232

Amy v. Hollars
03A01-9609-CH-00307

03A01-9609-CV-00290
03A01-9609-CV-00290

01C01-9506-CC-00203
01C01-9506-CC-00203

Trial Court Judge: J. O. Bond

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City of Adamsville v. Brian K. Cass
02A01-9606-CV-00141

Trial Court Judge: Judge Joe H. Walker

Appellant Brian K. Cass (“Cass”) appeals his conviction for violation of  several city ordinances. We affirm.

01A01-9607-CH-00332
01A01-9607-CH-00332

01A01-9607-CH-00332
01A01-9607-CH-00332

01A01-9601-CV-00006
01A01-9601-CV-00006

Trial Court Judge: Samuel L. Lewis

01A01-9605-CH-00205
01A01-9605-CH-00205

Trial Court Judge: Robert E. Corlew, III

01A01-9605-CH-00209
01A01-9605-CH-00209

Trial Court Judge: Jim T. Hamilton

01A01-9605-CV-00239
01A01-9605-CV-00239

Trial Court Judge: Barbara N. Haynes

01A01-9607-CH-00332
01A01-9607-CH-00332

Trial Court Judge: Robert S. Brandt

Wesley Eddins, Sr. v. North American Rayon Corporation
03S01-9602-CH-00016
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. J. Richard Johnson,
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 employer, North American Rayon Corporation, has appealed from the trial court's award of permanent disability benefits to plaintiff, Wesley Eddins, Sr. The Chancellor fixed the award at 45% to the body as a whole. Two issues are presented on appeal. First, the employer contends the trial court was in error in allowing temporary total disability benefits. Second, it is argued plaintiff did not incur any permanent disability as a result of the alleged work-related injury. Plaintiff is 29 years of age and is a high school graduate. He has been going to college for about two years attempting to rehabilitate himself for other types of employment. His college work would classify him as a sophomore. On about October 11, 1991, he was injured while at his work station when the floor gave away causing him to fall some distance below. He said the fall injured his back and he had immediate pain up and down his spinal cord and pain in his neck and legs. He continued to work for about two weeks until his condition became worse; at one point, he testified, he could not move his legs; the company doctor took him off work duties on about November 8, 1991, and he had not returned to work as of the date of the trial on September 25, 1995; his chief complaint has been massive muscle spasms; he told the court his condition did not improve much until August-September 1994. The record indicates he has seen many doctors, some have testified extensively in this proceeding and others appear in the record by medical reports, letters, etc., identified as collective exhibit #1. The review of the case is de novo accompanied by a presumption of the correctness of the findings of fact unless we find the preponderance is otherwise. T.C.A. _ 5-6-225(e)(2). 2

Timothy Crabtree v. Apac Tennessee, Inc.
03S01-9603-CH-00035
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. H. David Cate
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 trial judge found the plaintiff had sustained an injury to his knee and back arising out of and in the course of his employment with the defendant. The trial court awarded the plaintiff 3% permanent partial disability to the leg as a result of the knee injury and 25% permanent partial disability to the body as a whole as a result of the back injury. The defendant says the trial judge erroneously found the plaintiff had given notice of an accidental injury to his back and says, also, that the awards for the injuries were erroneous. We affirm the judgment of the trial court. Injury to the Knee During March 1992, the plaintiff injured his right knee. He was treated by Dr. Paul Naylor for this injury. Dr. Naylor performed surgery on the plaintiff's knee on October 13, 1992 to repair the damage sustained by the plaintiff. Dr. Naylor testified the plaintiff had a 12% medical impairment to his knee as a result of the accident, which the defendant does not dispute. We find the evidence does not preponderate against the evidence of 3% permanent partial disability to the leg found by the trial judge, and we affirm the judgment thereon. T.C.A. _ 5-6-225(e)(2). Injury to the Back The plaintiff testified he injured his back in April 1993 when he reached back to lock the tailgate of a truck he was driving in the course of his employment. He testified he gave notice of the injury to his supervisor, James Hawkins, and the safety director, Steve Bell. Hawkins and Bell testified the plaintiff did not give them notice of an accidental injury as he testified. They testified the plaintiff related that the back pain he was having was connected to, or was a result of, the knee injury. 2

Johnny Ownby v. National American Insurance Company
03S01-9604-CV-00037
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Rex Henry Ogle,
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 trial court awarded plaintiff 48% permanent partial disability to the body as a whole at a compensation rate of $266.66 per week. Defendant challenges the amount of disability awarded, the compensation rate applied and certain discretionary costs awarded. Plaintiff, 37, graduated from high school. Most of his work experience has been in heavy construction labor. He testified that he injured his lower back on July 4, 1994, while digging up an asphalt driveway and loading the asphalt chunks onto a truck for defendant's insured. He worked on light duty until October but has not worked since October.1994. Plaintiff was treated by Alan L. Whiton, M.D., an orthopedist, who testified in this case by deposition. He opined that plaintiff had a disruption or internal cracking of L4-L5 based upon the results of a discogram. He assigned plaintiff a five percent permanent impairment rating to the body as a whole according to the AMA Guides. George B. Brooks, D.O., a family practitioner, examined the plaintiff at the request of his attorney. He diagnosed degenerative disc disease with radiculopathy at L4-5 by history. He assigned a ten percent impairment rating according to the American Orthopedic Academy guidelines. He testified that he would not disagree with Dr. Whiton's five percent impairment rating but that he also considered that plaintiff had over six months of subjective complaints of pain. He further testified that some portion of his impairment rating was attributable to degenerative changes that predated plaintiff's work-related injury, but he could not apportion it. Fred A. Killefer, M.D., neurosurgeon, examined plaintiff at the request of the defendant. He found no objective signs of a permanent injury and opined that plaintiff had a normal spine with subjective complaints of pain. He further opined 2