Andrew Ewing v. State of Tennessee
W2008-01605-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Paula L. Skahan

Hatcher v. Rubbermaid
03S01-9804-CV-00041
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. D. Kelly Thomas, Jr.,
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 outset we think it pardonable to observe that the briefs in this case are exceptional and worthy of emulation. The plaintiff is a 26-year-old high school graduate whose right arm was crushed in an industrial accident on September 12, 1994. The arm was surgically amputated at the elbow area. Responding to the complaint for workers' compensation benefits, the defendant admitted the occurrence and compensability of the injury, and filed a Rule 68 Offer of Judgment for 1 percent loss of her arm together with all medical expenses. The trial judge awarded 75 percent permanent, partial disability benefits to the body as a whole. The defendant appeals, insisting that recovery is limited to 2 weeks because the statutory schedule controls. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2);Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). T.C.A. _ 5-6-27 prescribes benefits for the loss of a scheduled member. The loss of an arm is worth only 2 weeks. The Code does not address the loss of an upper extremity. But the AMA Guidelines, which are contained in the Code by reference, do not assess impairment to the arm, but only to the upper extremity. The anomaly thereby posed, as the appellant observes, is frustrating. 2

State vs. Buggs
02S01-9803-CR-00020
Trial Court Judge: Arthur T. Bennett

Guliano vs. Cleo
02S01-9801-CV-00002

Marcus vs. Marcus
02S01-9804-CH-00036

Estate of Francis Logwood
03A01-9902-PB-00042

State vs. Kerry Hughes
03C01-9801-CR-00030
Trial Court Judge: Arden L. Hill

Nicholas Todd Sutton vs. State
03C01-9702-CR-00067
Trial Court Judge: Gary R. Wade

Howard vs. Howard
03A01-9811-CV-00374

State vs. Terry McGee
02C01-9801-CR-00020
Trial Court Judge: James C. Beasley, Jr.

State vs. Willie Wales
02C01-9804-CR-00100
Trial Court Judge: Bernie Weinman

02C01-9809-CC-00271
02C01-9809-CC-00271
Trial Court Judge: Whit A. Lafon

State vs. Lawrence White
02C01-9810-CC-00324
Trial Court Judge: C. Creed Mcginley

Killion vs. Killion
03A01-9807-CH-00229

Grissim vs. Powell Const.
03A01-9807-CV-00222

Kinsler vs. State
03A01-9810-BC-00362
Trial Court Judge: Inman

Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279

Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279

Eddie Dorris, et al vs. Jeffery Crisp
M2000-02170-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Don Ash
Over four months after signing a surrender of her parental rights and consent for her minor child to be adopted, Appellee filed a Petition to Set Aside Surrender on the basis of a procedural defect. The Chancellor held that Appellee had abandoned the child, that the surrender executed by Appellee on June 24, 1999 should be set aside because there was no home study performed prior to the surrender, and dismissed the petitions for adoption. The Chancellor ordered the child returned to the custody of Appellee, which order was stayed by this Court September 19, 2000. The adoptive parents appeal raising the following issues for consideration: (1) Whether the mother has standing to attack the surrender on the basis of a lack of a home study, (2) whether the surrender is valid, and (3) whether the trial court was limited to the criteria set forth in Tennessee Code Annotated section 36-1-113(h) in determining whether termination of parental rights was in the child's best interests. We reverse and find the surrender valid.

Cobb vs. Beier
03A01-9812-CV-00399

Jimmy Wayne Wilson vs. State
03C01-9806-CR-00206
Trial Court Judge: Lynn W. Brown

State vs. Donald Ray Hammonds
03C01-9709-CR-00420
Trial Court Judge: Phyllis H. Miller

State vs. James E. Lampkin
03C01-9804-CR-00160
Trial Court Judge: Ray L. Jenkins

Gillman vs. Loudon City Commission
03A01-9706-CH-00239

Englewood Citizens vs. Town of Englewood
03A01-9803-CH-00098