Jonathan Engler v. Able Moving Company, ET AL.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. See Tenn. Sup. Ct. R. 51. Employee injured his back at work and subsequently developed a serious infection that required hospitalization and treatment. He filed a petition seeking to recover temporary total disability benefits and his medical expenses. The Court of Workers’ Compensation Claims determined Employee “failed to prove by a preponderance of the evidence that he sustained a compensable injury primarily arising out of and in the course and scope of his employment.” After reviewing the record and applicable authority, we affirm the judgment. |
Workers Compensation Panel | ||
Thomas Lee v. Federal Express Corporation
Thomas Lee (“Employee”) worked for Federal Express Corporation (“Employer”). He worked in the Audio-Visual department, located in Collierville, Tennessee. He filed this claim, alleging that he sustained a compensable injury to his left shoulder on July 24, 2014. Employer denied the claim, based on conflicting descriptions of the incident to various medical personnel. A Compensation Hearing was held on August 15, 2016. The trial court found Employee had failed to sustain his burden of proof and dismissed the claim. Employee appealed to the Supreme Court pursuant to Tennessee Code Annotated section 50-6-239(c)(7). The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment. |
Workers Compensation Panel | ||
State of Tennessee v. Steven Dare Steelman, Jr.
The Defendant, Steven Dare Steelman, Jr., was convicted by a Knox County Criminal Court jury of aggravated vehicular homicide, vehicular homicide by intoxication, vehicular homicide by reckless conduct, vehicular assault, reckless endangerment with a deadly weapon, third offense driving under the influence (DUI) per se, third offense DUI, driving on a revoked license after two prior DUI convictions, and failure to provide proof of financial responsibility. See T.C.A. §§ 39-13-218 (2014) (aggravated vehicular homicide), 39-13-213 (2014) (amended 2015) (vehicular homicide by intoxication or vehicular homicide by reckless conduct), 39-13-106 (2014) (amended 2015) (vehicular assault), 39-13-103 (Supp. 2014) (amended 2015) (reckless endangerment with a deadly weapon), 55-10-401 (2012) (amended 2013, 2015) (third offense DUI per se), 55-10-401 (2012) (amended 2013, 2015) (third offense DUI), 55-50-504 (2012) (amended 2016) (driving on a revoked license after two prior DUI convictions), 55-12-139 (Supp. 2014) (amended 2015) (failure to provide proof of financial responsibility). The trial court merged the vehicular homicide by intoxication and vehicular homicide by reckless conduct convictions with the aggravated vehicular homicide conviction. The court merged the third offense DUI conviction with the third offense DUI per se conviction. The court sentenced the Defendant to an effective thirty-two years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions for aggravated vehicular homicide and vehicular assault, (2) the trial court should have merged the reckless endangerment with a deadly weapon and vehicular assault convictions, and (3) the trial court erred during sentencing. Although we affirm the Defendant’s convictions, we remand the case to the trial court for the entry of corrected judgments reflecting the merger of the third offense DUI per se conviction with the vehicular assault conviction. |
Knox | Court of Criminal Appeals | |
Cindy Phillips, Et Al. v. Rural Metro Of Tennessee, L.P., Et Al.
We granted an interlocutory appeal pursuant to Tenn. R. App. P. 9 in this case to consider whether the allegations set forth in the Complaint make this a ‘health care liability action’ as defined by Tenn. Code Ann. § 29-26-101 et seq. (“the Tennessee Health Care Liability Act”) such that the pre-suit notice and certification requirements set forth in Tenn. Code Ann. §§ 29-26-121 and – 122 are applicable. We find and hold that the allegations set forth in the Complaint filed in this case do not make this suit a health care liability action as defined by the Tennessee Health Care Liability Act. We affirm that portion of the judgment of the Circuit Court for Loudon County (“the Trial Court”) finding and holding that the allegations set forth in the Complaint filed in this case do not make this suit a health care liability action as defined by the Tennessee Health Care Liability Act.1 |
Loudon | Court of Appeals | |
State of Tennessee v. Marvis Deshun Pollard
A Tipton County jury convicted the Defendant, Marvis Deshun Pollard, of possession of 0.5 grams or more of methamphetamine with the intent to deliver; delivery of 0.5 grams or more of methamphetamine; simple possession of oxycodone; tampering with evidence; felony evading arrest posing a risk of danger to others; and driving on a canceled, suspended, or revoked driver’s license. The trial court imposed an effective sentence of sixteen years. On appeal, the Defendant contends that the evidence is insufficient to support his methamphetamine convictions. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. We remand the case to the trial court for entry of corrected judgments reflecting merger of the methamphetamine convictions. |
Tipton | Court of Criminal Appeals | |
In Re Brantley B.
Mother appeals the termination of her parental rights to her son resulting from a petition for termination and adoption filed by her son’s Father and Stepmother. The trial court terminated Mother’s rights on the grounds of abandonment by failure to support and persistence of conditions, and on a finding that termination was in the child’s best interest. Upon a thorough review of the record, we reverse the termination of Mother’s rights on the ground of persistence of conditions; we affirm the termination of her rights on the ground of abandonment by failure to support and the holding that termination is in the child’s best interest. |
DeKalb | Court of Appeals | |
Voya Retirement Insurance And Annuity Company v. Mary Beth Johnson, Et Al.
A plan administrator filed an interpleader action asking the court to determine the proper beneficiary of death benefits in a retirement plan. After the plan participant died, both his former wife and his estate demanded payment from the plan administrator. Although the former wife was listed as the designated beneficiary in the plan, the estate claimed that the beneficiary designation had been revoked in the couple’s marital dissolution agreement. The former wife filed a motion for judgment on the pleadings and a counterclaim alleging breach of the implied covenant of good faith and fair dealing in the administration of the plan. The trial court denied the former wife’s motion, awarded the disputed proceeds to the estate, and dismissed the counterclaim. The former wife appealed. Upon review, we conclude that the marital dissolution agreement did not revoke the previous beneficiary designation. We also conclude that the trial court erred in dismissing the counterclaim. Thus, we reverse in part, vacate in part, and remand this case for further proceedings consistent with this opinion. |
Davidson | Court of Appeals | |
In Re: Estate of Joe Marce Abbott
This is a Rule 10B appeal of the denial of a petition for recusal. The trial court denied Appellant’s motion to recuse, and Appellant filed this accelerated interlocutory appeal pursuant to Rule 10B of the Rules of the Tennessee Supreme Court. We affirm in part, modifying the trial court’s order to deny the motion to recuse and vacate its order regarding the validity of the will. We remand for further hearing regarding the validity of the will at issue. |
Gibson | Court of Appeals | |
State of Tennessee v. Sterling Lamar Cooper
The Petitioner, Sterling Lamar Cooper, appeals the Roane County Criminal Court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He argues that his effective twenty-four-year sentence, which included service of a nine-year community corrections sentence that was never revoked, is illegal. We affirm the trial court’s denial of the motion but remand the case for correction of clerical errors in the judgments of conviction. |
Roane | Court of Criminal Appeals | |
Joanna Marie Vlach v. Gregory Alan Vlach
The primary issue in this appeal is whether the former spouse of a military retiree is entitled to a share of his military retirement. The military retiree submits that, because of his service-connected disability rating of 100%, his former spouse is not entitled to a share of his military retirement. Based on its interpretation of the parties’ marital dissolution agreement, the trial court ruled in favor of the former spouse and awarded her a percentage of the retiree’s “total military retired pay,” including disability benefits. Upon our de novo review, we conclude that the trial court erred in awarding the former spouse a percentage of the retiree’s disability benefits. But the trial court correctly determined that the military retiree’s disability rating did not deprive his former spouse of an interest in his military retirement. |
Montgomery | Court of Appeals | |
Troy S. Alexander v. NGMCO, LLC A/K/A General Motors, LLC
The employee worked for the predecessor to the defendant employer for many years and developed carpal tunnel syndrome. The previous employer underwent bankruptcy, and the defendant became the employee’s new employer. After the employee developed more severe symptoms, he filed a claim for workers’ compensation benefits. The employer initially paid employee temporary total disability benefits but denied employee’s later claim for additional benefits, taking the position that the employee’s symptoms were caused by pre-existing medical conditions. At trial, both sides presented expert medical testimony. The trial court held in favor of the employee and awarded benefits. The employer now appeals, and the appeal has been referred to the Special Workers’ Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We affirm. |
Maury | Workers Compensation Panel | |
State of Tennessee v. Benjamin Gunn
Defendant, Benjamin Gunn, was convicted of unlawful possession of cocaine with intent to sell, unlawful possession of cocaine with intent to deliver, and third offense unlawful possession of marijuana. The trial court merged the two cocaine convictions and imposed a sentence of twelve years. Defendant was sentenced to two years for possession of marijuana to be served consecutively to the possession of cocaine conviction for an effective fourteen-year sentence. On appeal, Defendant raises the following issues: (1) whether the evidence was sufficient to support his convictions for unlawful possession of cocaine with intent to sell and unlawful possession of cocaine with intent to deliver; (2) whether the trial court erred by allowing testimony concerning prior search warrants; (3) whether Defendant was properly sentenced for third offense possession of marijuana; (4) whether the trial court erred by allowing the State’s expert witness to testify concerning the characteristics of a drug dealer; (5) whether the State committed prosecutorial misconduct; (6) whether the trial court improperly commented on the legality of the search warrant; and (7) cumulative error. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Ana Tania Gomez, Et Al. v. Sable-Imagination On Sand, Et Al.
This is an appeal from a bench trial. Due to the deficiencies in the appellants’ brief on appeal, we find that they waived consideration of any issues on appeal and hereby dismiss the appeal. |
Sevier | Court of Appeals | |
Regina Edwards v. Allenbrooke Nursing and Rehabilitation Center, LLC
This appeal involves an arbitration agreement executed in connection with a nursing home admission. The trial court found no evidence that the individual who signed the arbitration agreement on behalf of the resident had authority to do so, and that, in any event, the form itself was not properly completed. Accordingly, the trial court denied the nursing home’s motion to compel arbitration. The nursing home appeals and argues that the trial court erred in deciding these issues because they should have been resolved by an arbitrator. We affirm and remand for further proceedings. |
Shelby | Court of Appeals | |
Antoine Cardet Smith v. State of Tennessee
The Petitioner, Antoine Cardet Smith, appeals from the denial of post-conviction relief by the Montgomery County Circuit Court. In this appeal, he argues that he received ineffective assistance of counsel. Upon our review, we affirm the judgment of the |
Montgomery | Court of Criminal Appeals | |
Robert Weidlich v. Lisa Rung
This appeal concerns a defamation claim. Lisa Rung (“Rung”) put up a Facebook post featuring a photograph of the back of Robert Weidlich (“Weidlich”)’s vehicle. Weidlich’s vehicle had a number of bumper stickers on it, some of which incorporated |
Franklin | Court of Appeals | |
Commercial Bank & Trust Company, Et. Al. v. Children's Anesthesiologists, P.C., Et Al.
Commercial Bank & Trust Company, Legal Guardian of the Estate of Albert P. Mjekiqi, a Disabled Minor; Omer Mjekiqi and Gabriela Mjekiqi, Individually and as Legal Guardians of the Person of Albert P. Mjekiqi; and Volunteer State Health Plan, Inc. (collectively “Plaintiffs”) sued Children’s Anesthesiologists, P.C.; Heather D. Phillips, D.O.; Kari L. Clinton; Neurosurgical Associates, P.C.; Lewis W. Harris, M.D.; and East Tennessee Children’s Hospital Association, Inc. d/b/a East Tennessee Children’s Hospital alleging health care liability in connection with surgery performed on Albert P. Mjekiqi (“Albert”) in May of 2011. After a trial, the Circuit Court for Knox County (“the Trial Court”) entered judgment on the jury’s verdict finding no liability on the part of the defendants. Plaintiffs appeal to this Court raising issues with regard to admission of evidence and jury instructions. We discern no error, and we affirm |
Knox | Court of Appeals | |
In Re: Eric G.
In this termination of parental rights case, a mother appeals the termination of her rights to her son on the grounds of abandonment by failure to establish a suitable home, persistence of conditions, and mental incompetence and upon the finding that termination was in the child’s best interest. Upon our review, we discern no error and affirm the judgment of the juvenile court. |
Sevier | Court of Appeals | |
Alice Marie Cherqui v. Moshe Laor
This case involves the interpretation and enforcement of an alimony termination provision in the parties’ marital dissolution agreement. Wife filed a Notice of Termination of Alimony Payments in the Chancery Court of Madison County, alleging that Husband’s non-compliance with the parties’ permanent parenting plan relieved her of any further obligation to pay alimony pursuant to the alimony provision of their marital dissolution agreement. Husband then filed a motion to enforce the marital dissolution agreement and for a temporary injunction. Wife subsequently moved for summary judgment to enforce the alimony provision of the marital dissolution agreement. Husband did not dispute that he failed to comply with the “Passport Provision” of the parties’ permanent parenting plan but argued that his violation of the agreement did not relieve Wife’s obligation to continue to pay alimony in solido. The trial court concluded that the marital dissolution agreement unambiguously provided that Wife would be immediately relieved of her total obligation to pay alimony if Husband failed to comply with his obligations under the parties’ permanent parenting plan and granted Wife’s motion for summary judgment. Husband appeals the trial court’s granting of summary judgment, while Wife seeks an award of her attorney’s fees on appeal. Finding no error, we affirm the trial court’s granting of summary judgment and award the Wife her attorneys’ fees incurred on appeal which the trial court shall calculate upon remand. |
Madison | Court of Appeals | |
Neighbors of Old Hickory, Et Al. v. Metropolitan Government Of Nashville And Davidson County, Tennessee, Et Al.
This is a declaratory judgment action in which the plaintiff property owners sought a finding that the defendant’s right to operate a rock quarry had not vested prior to the adoption of BL2015-13, which prohibits such activity on the property in question. All parties then moved for summary judgment as relevant to their respective positions. The trial court granted summary judgment in the defendant’s favor, finding that the quarry qualified as a pre-existing nonconforming use. We affirm. |
Davidson | Court of Appeals | |
Christen Nicole Pankratz v. Dion Pankratz
This case involves a post-divorce modification of a parenting plan. The trial court found that there had been a material change in circumstances since the entry of the parties’ existing parenting plan. Mother appeals the trial court’s modification of the parenting plan insofar as the trial court did not adopt, in toto, her proposed plan. Father appeals the trial court’s finding that a material change in circumstances occurred since entry of the parties’ existing parenting plan but argues, in the alternative, that the trial court should be affirmed. Discerning no error, we affirm and remand. |
Cheatham | Court of Appeals | |
United Parcel Service, Inc. et al. v. Robert Charles Millican, Jr.
An employer filed a complaint to resolve a dispute with an employee regarding workers’ compensation benefits. The employee alleged he suffered gradual hearing loss arising out of and in the course of his employment. The trial court held that the employee’s claim, filed three years after his doctor advised him that his hearing loss was work related, was barred by the statute of limitations. Further, the trial court found the statute of limitations was not tolled because the employee failed to prove that any work-related noise caused a progression of the employee’s hearing loss. The employee appealed. We affirm the trial court’s judgment. |
Hamilton | Workers Compensation Panel | |
James Estel Jeffers v. Armstrong Wood Products et al.
An employee filed a claim for workers’ compensation benefits, alleging that he injured his back in the course and scope of his employment. His employer denied the claim. The trial court ruled the employee was permanently and totally disabled and apportioned liability fifty-two percent to the employer and forty-eight percent to the Second Injury Fund. The employer appealed, arguing the trial court erred in finding the employee established a work-related injury and in apportioning the liability for the award. After careful review, we affirm the trial court’s judgment. |
Scott | Workers Compensation Panel | |
State of Tennessee v. Joshua Iceman
The Defendant, Joshua Iceman, was convicted by a jury of aggravated child abuse and first degree felony murder, for which he received concurrent terms of eighteen years and life imprisonment, respectively. The Defendant appeals, arguing (1) that his statement at the hospital resulted from custodial interrogation given without proper Miranda warnings and, therefore, that statement should have been suppressed; (2) that the State experts’ testimony on “shaken-baby syndrome and/or non-accidental trauma” was not sufficiently reliable to warrant its admission; (3) that the evidence was insufficient to support his convictions because the jury was faced with conflicting expert testimony; and (4) that the trial court erred in enhancing his sentencing term for his aggravated child abuse conviction above the minimum in the Class A felony range. Following our review of the record, we affirm the judgments of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. David Sharp
A Maury County Circuit Court Jury convicted the Appellant, David Sharp, of evading arrest, a Class E felony, and driving on a revoked license, a Class B misdemeanor. After a sentencing hearing, he received an effective eighteen-month sentence to be served as ninety days in jail and the remainder on supervised probation. On appeal, the Appellant contends that the trial court erred by allowing the State to introduce a photograph into evidence to rebut a defense witness’s testimony and that the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the photograph and that the error was not harmless. Therefore, the Appellant’s convictions are reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion. |
Maury | Court of Criminal Appeals |