Opinions

Robert Harold Bomely, Jr. v. Mid-America Corporation, D/B/A Burger King
03S01-9605-CH-00059
Authoring Judge: Justice Frank W. Drowota, III
Trial Court Judge: Chancellor Frederick D. McDonald

In this workers’ compensation action the Second Injury Fund, defendant-appellant, has appealed from a judgment of the Chancery Court of Knox County which found the employee, Robert Bomely, plaintiff-appellee, to be totally and permanently disabled. The award was apportioned 65 percent to the employer, Mid- America Corporation, d/b/a Burger King, defendant-appellee, and 35 percent to the Second Injury Fund under Tenn. Code Ann. § 50-6-208(b). The trial court assessed
the employer’s liability based on 400 weeks of benefits and held the Second Injury Fund liable for the remaining 938 weeks of benefits (until the employee reached the age of 651). Thus, the employer’s liability was limited to 65 percent of 400 weeks rather than 65 percent of the total number of weeks to age 65. We transferred this case from the Special Workers’ Compensation Appeals Panel to decide whether it was proper to have limited the employer’s liability in this fashion. After carefully examining the record before us and considering the relevant authorities, we conclude that the award should be apportioned between the employer and the Second Injury
Fund based on the total number of weeks to age 65 rather than limiting the employer’s liability to a percentage of 400 weeks. Accordingly, that portion of the trial court’s judgment is reversed. We shall also address (1) whether an award of permanent total disability is subject to the monetary cap imposed by the 400 week maximum total benefit provision of Tenn. Code Ann. § 50-6-102(a)(6) and (2) whether the apportionment of benefits between the employer and the Second Injury Fund in this case is controlled by subsection (a) or (b) of Tenn. Code Ann. § 50-6-208.

Curtis R. Thrapp vs. Mary Elizabeth Thrapp
E2006-00088-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
The parties were divorced in Oregon where the Court ordered the custodial arrangement for the only child of the marriage. The Mother then moved to Colorado, where she filed suit in Colorado in the custody dispute. She then moved to Tennessee, where the Father sued her over the ongoing dispute. The Colorado Court ultimately declined jurisdiction and the Tennessee Court ordered a change of the custody. The mother has appealed. We affirm the change of custody.

Ogilvie vs. Metro Gov't. vs. Nashille Electric Svc.
01A01-9709-CV-00466
Trial Court Judge: Thomas W. Brothers

McMahan vs. Whisman
01A01-9711-CH-00681
Trial Court Judge: Ellen Hobbs Lyle

Ramsey vs. Burkhalter & Ryan
01A01-9707-CH-00318
Trial Court Judge: Ellen Hobbs Lyle

TN. Real Estate Comm. vs. Hamilton
01A01-9707-CH-00320
Trial Court Judge: Ellen Hobbs Lyle

Coastcom, Inc. vs. Cruzen, et.ux.
01A01-9707-CH-00349
Trial Court Judge: H. Denmark Bell

Hawkins & Gossett vs. Hart, et. al.
01A01-9707-CV-00294
Trial Court Judge: Barbara N. Haynes

J.B. Hinson, et. ux. vs. Beechview Corp.
01A01-9709-CH-00498
Trial Court Judge: Robert L. Jones

Dept. of Children's Svcs. vs. Stanfill
01A01-9710-JV-00616
Trial Court Judge: Andrew J. Shookhoff

Montague vs. Dept. of Corrections
01A01-9711-CH-00667
Trial Court Judge: Ellen Hobbs Lyle

Charles Montague, v. Tennessee Department of Corrections, and Warden Howard Carlton
01A01-9711-CH-00667
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner.

National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Trial Court Judge: Irvin H. Kilcrease, Jr.

National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718

Moore, et. ux. vs. Phillips, Sr.
01A01-9605-CH-00197
Trial Court Judge: Jeffrey F. Stewart

State vs. Walter Ellison
01C01-9708-CR-00361
Trial Court Judge: L. Terry Lafferty

Charles E. Jones v. State of Tennessee
W2007-01086-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lee V. Coffee

Haren Construction v. Metro Nashville and Davidson County
M2002-01135-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a contract between the Appellant Haren Construction Company, Inc. (HCCI) and the Appellee Metropolitan Government (Metro). The construction company brought suit claiming Metro breached its contract with HCCI in "constructive suspension" of work. In addition the construction company claimed that Metro interfered with the company's contract for equipment supply from a third party. The trial court granted Metro's two motions for summary judgment, the first concerning Metro's alleged liability under the Governmental Tort Liability Act, the second concerning the action for breach of contract. HCCI appeals the grant of summary judgment. We affirm.

State vs. Pierson
03C01-9709-CR-00334
Trial Court Judge: Phyllis H. Miller

State vs. Sutton
03C01-9706-CR-00216

State vs. William Jordan
01C01-9703-CC-00100
Trial Court Judge: William B. Cain

Keith Wooten vs. State
01C01-9703-CR-00111
Trial Court Judge: J. O. Bond

Miller vs. Willbanks
03A01-9709-CV-00411
Trial Court Judge: John K. Wilson

Rubin vs. Rubin
03A01-9711-CV-00502

O1C01-9703-CC-00112
O1C01-9703-CC-00112