William Garrett v. Board of Paroles M2000-00219-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles regarding the Board's decision to schedule his next consideration for parole in September 2003. Believing that his current sentence will expire in May 2002, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally by deferring its next consideration of his parole until after the expiration of his sentence. He also asserted that the Board had misunderstood the evidence presented at his 1998 parole hearing and that the Board improperly denied him parole because of the seriousness of his offense. After the trial court dismissed his petition, Mr. Garrett appealed to this court. We have determined that the prisoner sued the wrong party with regard to the sentence expiration date claim and that his remaining claims do not entitle him to the relief available in a certiorari proceeding. Accordingly, we affirm the trial court's dismissal of the prisoner's petition.
James Arthur Smith v. Sentry Insurance Company W1999-02148-WC-R3-CV
Authoring Judge: William Michael Maloan, Special Judge
Trial Court Judge: Dewey C. Whitenton, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant,Sentry Insurance Company (Sentry), insurer for the employer, Kolpack (Kolpack), appeals the judgment of the McNairy Chancery Court awarding the plaintiff, James Arthur Smith (Smith), forty percent (4%) permanent partial disabilityto the right arm and twenty percent (2%) permanent partial disability to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court as modified to a single award of thirty percent (3%) permanent partial disability to both arms. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed as Modified MALOAN, SP. J., in which HOLDER, J., and WEATHERFORD, SR. J., joined. David J. Deming, Nashville, Tennessee, for the appellant, Sentry Insurance Company. Lloyd R. Tatum, Henderson, Tennessee, for the appellee, James Arthur Smith. MEMORANDUM OPINION At the time of this trial, Smith was sixty (6) years old. He left school after the fifth (5th) grade to work on the family farm, but he can read and write. Before he retired in January 1997, he worked for Kolpack foreleven (11) years. Smith built refrigerator motors; welded refrigerator bases; and assembled refrigerator bases with an air-driven screwdriver or "airdriver." Smith would hold the airdriver in his right hand and put pressure on it with his left hand. In August or September 1996, Smith began to have problems with the screws twisting off causing his right arm to strike the base of the refrigerator. On one occasion in October 1996, he hit his right arm so hard he thought it was broken. Smith began to have pain, numbness, and loss of grip strength in his right hand. After the October 1996 injury, Smith was pulled off the assembly job in which he used the airdriver. He was then assigned a job where he pulled tape off metal parts with his left hand because he was unable to use his right hand. After a few days, he could not do this job due to numbness, pain, night cramps, and loss of grip strength in his left hand. Smith was transferred to an inspection job and then to a painting job which he did with his left hand. He was only able to work twenty (2) hours a week until he retired in January 1997. Smith testified he did not have any problems with either hand before October 1996. Smith suffers from a pre-existing condition known as peripheral neuropathy, a disease of the peripheral nerves. Beginning in 1991, his feet were cold and numb, and he had problems walking. He smokes cigarettes and drinks six (6) or more beers every day. Smith was treated by Dr. Karl Edward Misulis, a neurologist, who first saw him on November 19, 1996, for back and leg pain. He gave a twenty (2) year history of back and leg pain. An earlier EMG byDr. Jim King disclosed mild carpal tunnel syndrome of the right arm. Dr. Misulis felt Smith had possible spinal stenosis and moderate neuropathy possibly related to his alcohol use. Dr. Misulis explained neuropathy as a degenerative nerve disease with many causes such as diabetes, thyroid problems, vitamin B-12 deficiencies, foliate deficiencies, syphilis, and cancer; but it is "usually not an occupational induced condition." Work activities would increase pain, but would be temporary. When asked if the carpal tunnel syndrome in Smith's right arm was work related, Dr. Misulis replied, "It certainly could be." Dr. Misulis felt the carpal tunnel syndrome was superimposed on the neuropathy which can also cause pain and numbness in his arms. Dr. John Neblett, a neurosurgeon, saw Smith on December 16, 1996, on referral from Dr. Jim King, for right hand pain. Smith gave a history of suffering contusions to the soft tissue of the right hand due to the forceful use of the airdriver. Dr. Neblett felt Smith's right hand problems were not permanent and clinically he did not appear to have carpal tunnel syndrome. He further expressed the opinion that Smith's work had no effect on his peripheral neuropathy. Dr. John Brophy, a neurosurgeon, saw Smith on February 18, 1997, for an evaluation of his peripheral neuropathy. Smith gave a history of right hand pain since October 1996 from using the airdriver and left hand pain since January 1997 from painting. Dr. Brophy's examination was consistent for peripheral neuropathy which, in his opinion, was neither caused by nor advanced by Smith's work. Dr. Robert Barnett, an orthopaedic surgeon, examined Smith for the purpose of an independent medical evaluation on August 11, 1997. Dr. Barnett took a history of pain and weakness in both hands. Dr. Barnett agreed the peripheral neuropathy was not work related, but felt Smith's work at Kolpack aggravated the neuropathy in both arms. Grip strength testing disclosed forty (4) pounds on grip on the left hand and ten (1) pounds on the right hand instead of the expected normal of one hundred (1) pounds from a man Smith's age. Dr. Barnett felt Smith's drinking, smoking, and other health problems could contribute to his neuropathy and assigned a ten percent (1%) permanent impairment to the right arm and a five percent (5%) permanent partial -2-
Smith
Workers Compensation Panel
State vs. Howard Lanier W1999-01146-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: J. Steven Stafford
Dyer
Court of Criminal Appeals
State vs. Tony Mabry W1999-01438-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Joseph B. Dailey
Shelby
Court of Criminal Appeals
State vs. John Melson W1999-00523-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: C. Creed Mcginley
Hardin
Court of Criminal Appeals
State vs. Larry Currie, etc. W1999-01532-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Julian P. Guinn
Henry
Court of Criminal Appeals
State vs. James Echols W1999-02394-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: John Franklin Murchison
Madison
Court of Criminal Appeals
State vs. James Conrad W1999-00650-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Joseph B. Dailey
State s. Nathaniel Allen E1999-02209-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James Edward Beckner
The appellant, Nathaniel Allen, was convicted by a jury in the Hamblen County Circuit Court of one count of delivery of more than .5 grams of cocaine, a class B felony. The trial court sentenced the appellant to twelve years incarceration in the Tennessee Department of Correction, as a Range I offender, with thirty percent release eligibility and assessed a fine of $ 7,500. The appellant presents the following issues for our review: (1) whether the evidence in this case is sufficient to sustain a verdict of guilt beyond a reasonable doubt; (2) whether the testimony, under oath, of Tonya Acuff was so contradictory as to have been subject to cancellation; (3) whether the court's decision to send items to the jury room in this case was improper to the extent that it included typed transcripts of tapes not offered as evidence; (4) whether it was improper for the court to align one of the tapes introduced into evidence by the State in this case to a particular phrase so that the jury heard that phrase immediately upon turning on the tape recorder; (5) whether sentencing in this case was excessive and whether the court properly applied statutory guidelines in delivering a sentence in this case; (6) whether if, in fact, the trial court had no alternative but to give a twelve-year sentence in this case according to the Tennessee sentencing guidelines, then are those guidelines constitutional both in terms of the United States and Tennessee constitutions. Upon review of the record and the parties' briefs, we affirm the appellant's convictions, but modify his sentence to ten years.
Hamblen
Court of Criminal Appeals
David Bailey vs. State E1999-01320-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Rex Henry Ogle
State vs. Anthony Lee Richardson E2000-00699-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Carroll L. Ross
The appellant appeals the order of the Polk County Criminal Court dismissing the appellant's appeal from the judgment of the Polk County General Sessions Court finding the appellant guilty of telephone harassment. Following a review of the limited record before this court and the parties' briefs, we affirm the judgment of the trial court.
Ronald Geddings v. Imperial Guard & Detectives W1999-00199-WC-R3-CV
Authoring Judge: William Michael Maloan, Special Judge
Trial Court Judge: D. J. Alissandratos, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, Imperial Guard & Detective Services and the Travelers Insurance Company (Imperial), appeal the judgment of the Shelby Chancery Court awarding the plaintiff, Ronald Geddings (Geddings), sixty-five percent (65%) permanent partial disability to the body as a whole as a result of a mental injury and commuting the award to a lump sum in trust to be administered byGeddings' wife. Imperial does not appeal the trial court's award of sixteen percent (16%) permanent partial disability for a low back injury. For the reasons stated in this opinion, we affirm the award of sixteen percent (16%) permanent partial disability to the body as a whole for the injury to the low back; reverse the award of sixty-five percent (65%) permanent partial disability to the body as a whole for the mental injury; and reverse the award of benefits commuted to a lump sum. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed in Part; Reversed in Part MALOAN, SP. J., in which HOLDER, J., and WEATHERFORD, SR. J., joined. Gayle B. Lakey, Memphis, Tennessee, for the appellants, Imperial Guard & Detective Services and The Travelers Company. Stephen R. Leffler, Memphis, Tennessee for the appellee, Ronald Geddings. MEMORANDUM OPINION Geddings was age forty-one (41) at the time of this trial. He graduated from high school and attended some college. Geddings first worked for Imperial as a security officer, advanced to general manager, and then to vice president of operations. On December 9, 1996, Geddings and other Imperial employees attended a sexual harassment seminar. After the seminar, Geddings was hit by an automobile while crossing Poplar Avenue in Memphis, Tennessee. Geddings testified the vehicle struck his buttocks and he fell on the street on his stomach. His only visible injuries were cuts and bruises to his arms, hands, buttocks, and ankle. Geddings was able to assist fellow injured workers, then crossed the street, and either sat down on the curb or collapsed unconscious. Dr. John Brophy, a neurosurgeon, treated Geddings for an injury to his lower back. On February 17, 1997, Dr. Brophy performed a decompression laminectomy at L4-5 and released Geddings to light duty in March 1997 and full duty without restrictions on May 12, 1997. Dr. Brophy assigned an eight percent (8%) permanent impairment to the body as a whole for his low back injury. When Geddings returned to his former job at Imperial he began to have forgetfulness and memory loss. He was assigned to the night shift, where he continued to work for one (1) year until he resigned in March 1998. He then worked for a smaller security company, Guardco, performing similar duties, but was terminated eight (8) or nine (9) months later for lack of organization. William Jenkins, Ed.D., a vocational rehabilitation expert, evaluated Geddings for vocational disability. As a result of numerous tests and a review of a neuropsychological evaluation by Nan Hawks, Ph.D.,1 dated January 19, 1998, Dr. Jenkins testified Geddings had a sixty percent (6%) to sixty-five percent (65%) vocational disability for his psychological problems. At trial, Geddings' attorney requested the trial court to make separate awards for the low back injury and the mental injury. Over Imperial's objection, the trial court awarded sixteen percent(16%) permanent partial disability to the body as a whole for the back injury and an additional sixty-five percent (65%) permanent partial disabilityto the body as a whole for the mental injury. Further, the trial court granted Geddings' motion to commute the award to a lump sum in trust to be administered by Geddings' wife. ANALYSIS The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tennessee Code Annotated _5-6-225(e)(2). Lollar v Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference must be accorded the trial court's factual findings. Humphrey v David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). However, where the issues involve expert medical testimony which is contained in the record by deposition, as it is in this case, then all impressions of weight and credibility must be drawn from 1Apparently, Dr. Hawks' deposition was filed with the trial court, but was never entered into evidence during the trial and is not in the record on appeal. -2-
Shelby
Workers Compensation Panel
Eslick vs. Campbell M1998-00944-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
Davidson
Court of Appeals
Equifax vs. Johnson M1999-00782-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Mccoy
