Kathy Mae Perry v. Tennessee Distribution, Inc.
03S01-9904-CH-00042
Authoring Judge: H. David Cate, Special Judge
Trial Court Judge: Hon. G. 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 only issue for resolution is whether the preponderance of the evidence supports the trial court's award to the plaintiff, Kathy Mae Perry, of 5 percent permanent partial disability to the right leg. We think it does and affirm. The plaintiff was 4 years old on December 15, 1998. She dropped out of school in the eleventh grade but later received a general equivalency diploma. She had training in cosmetology and worked as a beautician for 8 months. She also had experience as a cashier. In July 1992 she was employed by the defendant, Tennessee Distribution, Inc. On August 23, 1996, she bumped her right knee while working for the defendant. At that time her job was a standup forklift driver. Subsequently the plaintiff went to see the defendant's nurse who referred her to Dr. Goulding, who then referred her to Dr. Mark Aiken, an orthopedic surgeon. Dr. Aiken first saw the plaintiff on September 24, 1996 and again on November 4, 1996. At the latter visit he released her to return on an as needed basis. His diagnosis of the plaintiff's injury was a mild prepatellar bursitis. The plaintiff sought additional medical treatment and was sent by the defendant to see Dr. Alan Williams, II, who treated the plaintiff from December 17, 1996 through May 12, 1998. On April 15, 1997 he performed a diagnostic arthroscopy. His diagnosis of the plaintiff's injury was chondromalacia of the patella and the femoral condyle of the right knee. The plaintiff missed work from April 4, to June 12, 1997 when she took a voluntary layoff and had the arthroscopy. Since mid June, 1997 she has worked for the defendant as a standup forklift driver, the job she was doing at the time of the accidental injury. It was Dr. Williams' opinion that the plaintiff had sustained a 5 percent impairment to her lower right extremity. He restricted her to a 4 hour work week. 2

American Justice Ins. Reciprocal vs. Hutchison, et al
M1999-00672-SC-R23-CQ
Authoring Judge: Justice Frank F. Drowota, III

E1999-01965-C0A-R3-CV
E1999-01965-C0A-R3-CV
Trial Court Judge: Douglas A. Meyer

State vs. John Ruff
W1999-01457-CCA-R3-CD

Darron Smith vs. Ed Mullikin
W1999-00105-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

W1999-01011-CCA-R3-PC
W1999-01011-CCA-R3-PC

State vs. Christopher Max Hall
M1998-00180-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Leon C. Burns, Jr.

Simonton vs. Huff
M1998-00493-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Thomas Goodall

Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Muriel Robinson

Suntheimer vs. Suntheimer
M1999-00248-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Jones vs. Ewell
M1999-00883-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jeffrey F. Stewart

Brown vs. Brown
M1999-02739-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Thomas W. Graham

State vs. James Higgins
W1999-01726-CCA-R3-PC

State vs. John H. Williams
W1999-01731-CCA-R3-PC

State vs. Anthony Anderson
W1999-01730-CCA-R3-PC

State vs. Lester Coble
W1998-00690-CCA-R3-CD

State vs. Eric Thomas
W1999-01255-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Joseph B. Dailey

State vs. Stanley Adams
W1999-02741-CCA-R3-PC

State vs. Hester
03C01-9704-CR-00144

E1999-01363-CCA-R3CD
E1999-01363-CCA-R3CD
Trial Court Judge: R. Jerry Beck

State vs. Hester
03C01-9704-CR-00144
Trial Court Judge: Stephen M. Bevil

Kellie Shoun v. Southeast Industries, Inc.
03S01-9902-CH-00019
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. G. 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, Southeast Industries, Inc., has appealed from the action of the trial court in awarding the employee, Kellie Shoun, 5% permanent partial disability to the body as a whole. Several issues are being raised by the appeal. The primary question is the claim by the employer that the injury was not work-related. Other issues concern whether the trial court was in error in fixing the award of disability, in awarding temporary total disability benefits and in ruling certain questions by defense counsel were leading questions. Kellie Shoun was 25 years of age at the time of the trial (which was five years after the date in question) and was a high school graduate. She had an associate's degree from Northeast State Community College in computer programming. She was employed by Southeast as a "laminator" which she said involved heavy lifting of boxes of metal parts. On August 29, 1994, while moving boxes and placing them on a shelf, she stated she felt a strain in her low back. She said she told her supervisor, Jacqueline Dugger, that she had strained her back while lifting the boxes and Ms. Dugger told her to take some aspirin. She testified the pain continued that night and she was having muscle spasms and during the next day, she mentioned the problem to supervisor Dugger again. Later on September 1st she said as she was stepping out of the bathtub, she felt a pop in her back as she lifted her leg over the tub and the pain was so bad she could hardly walk. On the same day of the bathtub incident, she went to see Dr. Lonnie Jackson, a chiropractor who had been treating her for a number of years for migraine headaches, knee injury, etc. Dr. Jackson treated her for a period of time and then referred her to an orthopedic doctor. The record indicates she first came under the care of Dr. Mark T. McQuain and then she saw Dr. Richard Duncan who performed surgery. 2

M1999-00262-CCA-R3-CD
M1999-00262-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter

State vs. Darrell Dufrene
W2000-03129-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: C. Creed Mcginley
The defendant, Darrell J. Dufrene, entered a plea of guilt to one count of theft over $1,000.00 but less than $10,000.00, a Class D felony. Pursuant to a plea agreement, the trial court set the defendant's sentence at three years and scheduled an alternative sentencing hearing. The defendant failed to appear at the hearing and the trial court ordered a term of incarceration. In this appeal of right, the defendant asserts that the trial court erred by failing to order either probation or community corrections. Because, however, the defendant remains on escape status, the appeal is dismissed.

03C01-9907-CR-00312
03C01-9907-CR-00312
Trial Court Judge: Mary Beth Leibowitz