Opinions

State of Tennessee vs. Dmitri Johnson
01C01-9510-CC-00334
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Dmitri Johnson, appeals as of right from the twenty-year sentence imposed by the Circuit Court of Montgomery County for his conviction upon a guilty plea for second degree murder, a Class A felony. The defendant contends that the trial court improperly relied upon facts not in evidence in its sentencing decision. He also contends that the trial court improperly applied three enhancement factors and refused to apply two additional mitigating factors. We believe that the case should be remanded for a new sentencing hearing.

AMC-Tennessee, Inc. v. Hillcrest Healthcare
M2003-00882-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this appeal arising from a breach of contract claim, the appellant, Hillcrest Healthcare, LLC challenges the trial court's award of damages in the amount of $337,363.59 including $219,937 in lost profits. We affirm.

State vs. Pike
03C01-9611-CR-00408

State vs. Belcher
03C01-9608-CC-00299
Trial Court Judge: D. Kelly Thomas, Jr.

03C01-9403-CR-00110
03C01-9403-CR-00110
Trial Court Judge: John A. Turnbull

Adams v. Peterbilt
03S01-9603-CV-00031
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Wheeler Rosenbalm,
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 plaintiff brought this suit in which he alleged he was totally and permanently disabled and that he was entitled to medical benefits from his employer and the Second Injury Fund. The trial judge found the plaintiff had sustained a 6 percent impairment as a result of an on-the-job injury on May 27, 1994. The trial judge dismissed the suit as to the Second Injury Fund because the amount of the disability of the plaintiff from the current injury when combined with previous workers' compensation injuries did not exceed 1 percent permanent total disability. The plaintiff, in this appeal, says the trial court erred in not finding he was permanently and totally disabled as a result of the May 27, 1994 injury and in not awarding him benefits from the Second Injury Fund. The judgment of the trial court is affirmed. The treating physician, Dr. Robert E. Finelli, an orthopedic surgeon, testified the plaintiff had a ruptured disc at the L4-L5 vertebrae. Dr. Finelli did surgery on the plaintiff and treated him until September 2, 1994. Dr. Finelli returned the patient to work and found he had sustained a 1 - 12 percent permanent medical impairment as a result of the injury. The plaintiff had undergone two previous back surgeries and Dr. Finelli considered these in determining the medical impairment from the last injury. Dr. Finelli was of the opinion that if the plaintiff returned to heavy work he would be at risk for a possible ruptured disc. It was his further opinion that if he did medium work the risk of further back injury was low. Dr. Gilbert Hyde, an orthopedic surgeon, saw the plaintiff on July 28, 1995 for the purpose of evaluating his disability. Dr. Hyde found the plaintiff to be suffering a 22 percent medical impairment as a result of the injury of May 27, 1994. Dr. Hyde 2

Roddy v. Spring
03S01-9704-CH-00041
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Jeffrey F. Stewart,
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 employee alleged injury to her back when she lifted a bolt of cloth at work. The trial court found that her back condition was caused by a work related accident and awarded 45 percent permanent partial vocational disability and medical expenses, including those of the treating surgeon, which were unauthorized. We affirm the judgment of the trial court. On Saturday, August 8, 1992, the employee, Robbin Roddy, was inspecting rolls of fabric at work when a co-worker brought her an unusually heavy roll to work with. When she threw the roll up in a bin, her back "just popped." She reported the injury to her supervisor, James Hood, who went with her to the office where they completed an injury report. Hood then sent her home. She was aware that the company posted at the work site a list of three doctors from whom she could choose. On the following Monday she went to the Family Medical Center, to the office of one of those doctors, Dr. Richard R. Jost, where she and her family had been seen in the past for routine medical care. It is uncontested that the employee never saw Dr. Jost for examination, evaluation, treatment or assessment of disability for this injury. For all of her treatment she saw Mr. Robert Wayne Harrison, a certified physician's assistant employed and supervised by Dr. Jost. The record indicates that apparently the employee was accustomed to referring to the physician's assistant as "Dr. Rob." In fact, the record shows that counsel for the defendant occasionally referred to him as "Dr. Harrison." When asked about his role in the treatment of the employee, Mr. Harrison testified that he is "permitted to do all aspects of medical care with the exception of write prescriptions. That's actually been changed by statute at the present, but at the time in question, I guess we're dealing with a record of 1992, so at that time the statute did not allow prescription writing." 2

Luther Haggard vs. State
M2003-02554-CCA-R3-HC
Authoring Judge: Judge Jerry Smith
Trial Court Judge: J. Randall Wyatt, Jr.
The petitioner, Luther Haggard, filed a petition for the writ of habeas corpus in the Davidson County Criminal Court. In the petition he alleges that various Bradley County, Tennessee, convictions he received pursuant to guilty pleas entered in 1997 are illegal and void. The Davidson County Criminal Court summarily dismissed the petition. We affirm.

Ella Pruett vs. Wal-Mart Stores
02A01-9610-CH-00266
Trial Court Judge: Joe C. Morris

State vs. Richard Nelson
02C01-9612-CR-00472
Trial Court Judge: Chris B. Craft

State vs. Ronnie Lauderdale
02C01-9706-CR-00207
Trial Court Judge: Bernie Weinman

Tennessee Municipal League vs. Brook Thompson
01S01-9711-CH-00242
The ruling listed above is the Order regarding the "Tiny Towns" legislation. The full opinion will be published at a later date.

State vs. Randy Joy
02C01-9705-CC-00183

State vs. Ishaan Mubarak
02C01-9706-CR-00211
Trial Court Judge: W. Fred Axley

State vs. Tommie Hill
02C01-9511-CC-00335

Jones vs. Culpepper
03A01-9706-CH-00202
Trial Court Judge: Billy Joe White

Bryan vs. Tent, Inc., d/b/a: University Medical Ctr.
01A01-9703-CH-00132
Trial Court Judge: C. K. Smith

Cheatham vs. Cheatham
01A01-9508-CH-00380
Trial Court Judge: Jim T. Hamilton

01A01-9705-JV-00234
01A01-9705-JV-00234
Trial Court Judge: David Loughry

Ferrell vs. Blue Bird of Tennessee
01A01-9707-CH-00339
Trial Court Judge: Robert E. Corlew, III

Bryan vs. Tent, Inc., d/b/a: University Medical Ctr.
01A01-9703-CH-00132
Trial Court Judge: C. K. Smith

01C01-9606-CR-00241
01C01-9606-CR-00241
Trial Court Judge: Seth W. Norman

State vs. Cecil C. Johnson, Jr.
01C01-9610-CR-00442
Trial Court Judge: J. Randall Wyatt, Jr.

Millsaps vs. Robertson-Vaughn Construction
01A01-9704-CH-00160
Trial Court Judge: Jeffrey F. Stewart

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