Opinions

Bellsouth Telecommunications, Inc. D/B/A South Central Bell Telephone Co., v. Tennessee Regulatory Authority, et al.
01A01-9601-BC-00008
Authoring Judge: Judge William C. Koch, Jr.

This consolidated appeal of three separate proceedings involves the efforts of BellSouth Telecommunications, Inc. to take advantage of the 1995 legislation easing the traditional regulatory burdens on telecommunications service providers. After making significant adjustments in BellSouth’s reported operating results, the Tennessee Public Service Commission determined that BellSouth’s current earned rate of return exceeded its authorized rate of return and that BellSouth was receiving $56.285 million in excess revenues. The Commission directed BellSouth to reduce its rates by $56.285 million and set the initial rates in the company’s price regulation plan accordingly. On this appeal, BellSouth and another intervening party take issue with the procedures employed by the Commission to consider and act upon BellSouth’s application for a price regulation plan. We have determined that these proceedings were not preempted by the federal Telecommunications Act of 1996. We have also determined that the General Assembly did not give the Commission authority to adjust BellSouth’s reported operating results and that the Commission should have convened a contested case hearing when BellSouth took issue with the Commission’s decision to adjust its reported operating results. Accordingly, we vacate the Commission’s January 23, 1996 order and all earlier related orders.

Lions Head Homeowners' Association, et. al. v. Metropolitan Board of Zoning Appeals, Metropolitan Government of Nashville, Davidson County, TN and the Martin Companies, Inc.
01A01-9611-CH-00505
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal stems from a decision of the Metropolitan Board of Zoning Appeals to grant a conditional use permit for a medical office building and parking garage adjacent to St. Thomas Hospital. The homeowners’ association of a neighboring condominium development and other parties who opposed the project filed a petition for a writ of certiorari in the Chancery Court for Davidson County. The trial court heard the case without a jury and upheld the Board’s decision to grant the conditional use permit. On this appeal, the project’s opponents take issue with the procedures followed by the Board in granting the conditional use permit and also assert that the project does not comply with the Zoning Ordinances for the Metropolitan Government of Nashville and Davidson County. We affirm.

Ralph Moore Creswell v. Billie Creswell Duff
01A01-9702-CH-00059
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Henry D. Bell

This complaint was filed July 17, 1978, by a Conservator seeking an accounting from a Trustee - Executrix.
 

John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.
01A01-9704-CH-00155
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiff, a prisoner in custody of the Department of Correction awaiting execution has appealed from a decision of the Board of Paroles denying his request for parole. His death sentence has been stayed by a federal court which ordered a retrial of the issue of punishment. This retrial has not yet taken place.

Mark Edward Kinsler, v. Carl Baker, et ux., Edith Baker
03A01-9703-CH-00080
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson, II

In this suit, the Plaintiff seeks a determination that he owns a right-of-way from his property located in the Fourth District of Hancock Counter over the adjoining property of the Defendants.
 

James Slyman, v. National Knife Collectors Association
03A01-9703-CV-00094
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Samuel H. Payne

In this jury case, National Knife Collectors Association appeals a $5000 judgment rendered against it in favor of James Slyman, raising the following two issues on appeal, neither of which questions the amount of the award.

Cherokee HIlls Utility District, v. Jeff Stanley, Individually and Jess Stanley, D/B/A Wahoo's
03A01-9704-CV-00128
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John B. Hagler

Jeff Stanley, Individually, and D/B/A Wahoo's, appeals a judgment of the Circuit Court for Polk County which mandatorily enjoined him to remove a cabin he ws constructing and a concrete pad from an easement for a waterline which the Trial Judge found was owned by Cherokee HIlls Utility District and was an encumbrance on property conveyed to Mr. Stanley.

Christopher v. Sockwell
03S01-9701-CH-00005
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Sharon J. Bell
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. Both parties filed motions for summary judgment in this case wherein the deceased was found dead in his truck, having died, according to the Certificate of Death, of "natural causes," not otherwise defined. The appellants conceded that the cause of death of their decedent, Mr. Arons, was unknown, and it was essentially upon this basis that the claim for benefits was denied. The surviving dependents of Mr. Arons appeal and present for review the propriety of summary judgment "when a worker is found dead at his post with no proof of the cause of death." Mr. Arons was 44 years old when he died on November 19, 1993. The appellant is his second wife, to whom he was married in 1973. They had one child, Nichole, who was born in 198. Mr. Arons and his first wife had four children. The family was dysfunctional, with the father being completely estranged from these children for a variety of causes, apparently attributable to drug and alcohol abuse. His second marriage was not idyllic; he abused alcohol to the extent he required hospitalization and, on occasion, his wife sought an order of protection. He was an inveterate cigarette smoker -- forty to sixty per day for 15 years -- and his eating habits were unusual in that he ate only one meal--breakfast--each day, snacking on junk food thereafter. His daughter, Nichole, was injured in a serious traffic accident on October 1, 1993 and his request for time-off from work was granted. He returned to work on November 3, 1993 and was found dead in his truck on November 19, 1993. After he returned to work, the decedent performed his duties without incident. He was not required to load, unload, supervise or do anything except drive. He had not engaged in any strenuous activity and had no altercations. He had made no complaints about illness and had never been treated for cardiovascular disease. 2

Lambdin v. Old
03S01-9610-CH-00102
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Billy Joe White,
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 appeal has been perfected by defendants, Old Republic Insurance Company and Kopper-Glo Fuels, Inc., from an award to the plaintiff, Randy Lambdin, of 25% permanent partial disability to the body as a whole. Defendants seek to overturn the award on several grounds. They contend (1) the injury was not work-related, (2) proper notice of the injury was not rendered, (3) the claim was barred by the one year statute of limitations, and (4) the award of 25% to the whole body is excessive. Plaintiff was 4 years of age and had completed the eighth grade. He testified he was lifting a belt structure off a flat bed truck when he felt pain in his back. He said he reported the incident a day or two later to his supervisor, James Thacker. He also said he told the superintendent, Kore Chedester, about the same time. Plaintiff's brother, Ronald Lambdin, was working with plaintiff and another employee. He also testified Mr. Thacker was told about the incident causing the injury. Sometime after the event, plaintiff saw Dr. Mary Anne Woodring, a family practice physician who had seen plaintiff for prior health problems. He told the trial court he did not think the injury was serious. Dr. Woodring treated him for a muscle strain by giving medication and prescribing therapy. He continued to work and saw her several times through April, 1993. Since he did not get better, he went to see a chiropractor. Later, during October, 1993, he saw Dr. Ronald Dubin, who determined his condition was more serious and that he had a ruptured disc. Dr. Dubin's office notified defendant employer of the plaintiff's compensation claim when the office requested the identification number of the insurance company. Plaintiff testified he was repeatedly told by company representatives his medical expenses would be paid; that they stated there was a dispute between two insurance companies as to which company might be responsible; that David Burton, 2

State vs. McDonald
03C01-9611-CR-00414
Trial Court Judge: R. Steven Bebb

03C01-9611-CR-00429
03C01-9611-CR-00429
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Justes
03C01-9610-CR-00368

State vs. Thompson
03C01-9609-CR-00353
Trial Court Judge: E. Eugene Eblen

State vs. Sneed
03C01-9610-CR-00371
Trial Court Judge: Frank L. Slaughter

01CO1-9610-CR-00417
01CO1-9610-CR-00417
Trial Court Judge: Thomas H. Shriver

State vs. Breeden
03C01-9606-CR-00217
Trial Court Judge: Ray L. Jenkins

Givler vs. Givler
03A01-9702-CV-00061

Bunch vs. Cooper
03A01-9705-CV-00154

Tony Craig Woods vs. State
01C01-9606-CR-00238
Trial Court Judge: Thomas H. Shriver

State vs. John Allen Chapman
01C01-9604-CC-00137
Trial Court Judge: Thomas W. Graham

State vs. John Allen Chapman
01C01-9604-CC-00137
Trial Court Judge: Thomas W. Graham

State vs. Richard McAdams
01C01-9604-CC-00134

State vs. AAA Aaron's Action Agency
01C01-9608-CR-00348

01C01-9607-CR-00307
01C01-9607-CR-00307

Arthur L. Armstrong vs. State
01C01-9608-CR-00331