State vs. Charjoray P. Weir M2000-0459-CCA-R3-PC
Trial Court Judge: J. O. Bond
The Defendant appeals as of right from the trial court's order dismissing his petition for post-conviction relief upon its finding that the petition was barred by the statute of limitations. We reverse the judgment of the trial court and remand the case for further proceedings.
Wilson
Court of Criminal Appeals
State vs. Calvin Scott W2002-01324-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: J. C. Mclin
The Appellant, Calvin Scott, was found guilty by a Shelby County jury of aggravated robbery, two counts of especially aggravated robbery, and two counts of first degree murder. The trial court sentenced Scott to an effective sentence of life plus twenty-two years. In this appeal as of right, Scott raises the following issues for our review: (1) whether the State asserted sufficient race-neutral explanations to support its exercise of peremptory challenges against four African-American jurors; and (2) whether the trial court, after concluding that the State's exercise of a peremptory challenge was improper, should have dismissed the entire panel rather than reseating the juror. We conclude that the State's use of its peremptory challenges was proper, and the trial court did not err by reseating the challenged juror. Accordingly, the judgment of the trial court is affirmed.
Ruth/Raymond Wells vs. J.C Penny W2002-00102-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown
This is a premises liability case. The plaintiff customer was shopping in a retail store. After a dispute with an unidentified customer over which customer would purchase certain merchandise, the unidentified customer grabbed the plaintiff's wrist. The plaintiff customer sued the retail store, asserting that the store had a duty to protect her from the customer's assault. The store moved for summary judgment, which the trial court granted. We affirm, finding that the assault was unforeseeable, and therefore the retailer did not have a duty of care to protect the customer from it.
Shelby
Court of Appeals
Indiana Lumbermen's v. Meade 03S01-9712-CV-00146
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Richard Ladd,
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. The employer insists the award of permanent partial disability benefits is excessive and the employee insists he is permanently and totally disabled. Additionally, the employee contends "the trial court erred in rejecting the testimony of the vocational specialist in its totality." As discussed below, the panel has concluded the judgment should be affirmed. The trial court awarded permanent partial disability benefits based on sixty percent to the body as a whole. 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). The extent of an injured worker's disability is an issue of fact. Jaske v. Murray Ohio Mfg. Co., 75 S.W.2d 15 (Tenn. 1988). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Jones v. Sterling Last Corp., 962 S.W.2d 469 (Tenn. 1998). The employee or claimant, Meade, is 58 years old with a third grade education, an intelligence quotient of 74 and experience as a laborer. He suffered a compensable soft tissue injury to his back, which is the subject of this case. The undisputed medical proof is that he has a permanent impairment of five percent to the body as a whole and is permanently restricted from any repeated bending, stooping or squatting, heavy lifting, working over heavy terrain, excessive ladder or stair climbing, strenuous pushing or pulling, or working with his hands above the level of his shoulders. One doctor restricted him from lifting even twenty pounds occasionally. The claimant attempted to return to work but, because of his restrictions, could not perform his duties, and was not working at the time of the trial. He has no other educational, vocational or job training. A vocational expert testified that he had no reasonably transferable job skills from former employment and opined his vocational disability was one hundred percent. The expert qualified his opinion by saying that although the claimant 2
Knox
Workers Compensation Panel
Braden v. Modine Mfg. 03S01-9702-CV-00019
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. James B. Scott,
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. At the time of the trial below, three claims for benefits were at issue. They were: (1) a claim for a back injury in 1994, (2) a claim for an ankle injury in 1995, and (3) a claim under T.C.A. _ 5-6-241 to reconsider the back injury award of 1994. The trial court made the following awards: (1) 12 _% permanent partial disability to the body as a whole for the 1994 back injury, (2) 1% permanent disability to the left leg, and (3) increased the 12 _% back injury award to 55% to the body as a whole. The employer, Modine Manufacturing Company, Inc., and the insurance carrier, Sentry Insurance Company, have appealed from the rulings of the trial court with respect to the 1% award to the left leg and the 55% award to the body as a whole. Our review of these cases is de novo on the record of the trial court accompanied by a presumption of the correctness of the findings of fact unless we find the preponderance of the evidence is otherwise. T.C.A. _ 5-6-225(e)(2). The employee, Inez Braden, was 55 years of age at the time of the first trial and had completed the eighth grade. She began working for Modine in 1979 and worked for about 16 _ years before being terminated by her employer as a result of a general lay-off of employees during January 1996. 1994 Injury Plaintiff testified that during March 1994 she sustained an injury to her back when she was leaning over to obtain a piece of equipment. She was off work for awhile; received therapy treatment; and returned to light duty work. She testified she eventually returned to regular "rotation work" which was prohibited by her medical restrictions and this made her back hurt more. Dr. Robert C. Jackson, testified by deposition and stated she suffered from a strain and gave a 5% medical impairment. He also noted there were degenerative disc changes and said this made it easier to sustain a straining type injury. He opined she should only do light duty work on a 2
