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| Harvey vs. Ford Motor Credit
03A01-9807-CV-00235
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Court of Appeals | 07/13/99 | ||
| Bullard vs. Scott
03A01-9809-CH-00310
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Hamilton County | Court of Appeals | 07/13/99 | |
| Pertew vs. Pertew
03A01-9711-CH-00505
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Sullivan County | Court of Appeals | 07/13/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Scott County | Court of Appeals | 07/13/99 | |
| Fair vs. Fulton
03A01-9812-CV-00422
|
Court of Appeals | 07/13/99 | ||
| Natl. Gas Dist. vs. Sevier Co. Utility
03A01-9902-CH-00077
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Sevier County | Court of Appeals | 07/13/99 | |
| Estate of J.P. Walker vs. Dpt.of Revenue
03A01-9808-PB-00250
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Sevier County | Court of Appeals | 07/13/99 | |
| State vs. Merrian Logan
02C01-9808-CC-00232
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 07/13/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Anderson County | Court of Appeals | 07/13/99 | |
| Willie Lane Shannon v. Sipco Services & Marine, Inc., et al
02S01-9902-CH-00013
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 & Supp. 1998); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. C. Creed Mcginley, |
Benton County | Workers Compensation Panel | 07/12/99 | |
| State vs. Charles Smith
02C01-9805-CR-00128
|
Shelby County | Court of Criminal Appeals | 07/12/99 | |
| William Hall vs. Don Shaw
02A01-9810-CH-00288
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 07/12/99 | |
| GRE Insurance Group vs. Reed
01A01-9806-CH-00300
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 07/12/99 | |
| State vs. Christopher D. Smith
03C01-9807-CR-00270
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 07/12/99 | |
| Graham, et al vs. Edmondson
01a01-9809-CH-00482
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Appeals | 07/12/99 | |
| Wiley Hutcherson vs. Rozell Carter
02A01-9807-CH-00216
Originating Judge:Wil V. Doran |
Lauderdale County | Court of Appeals | 07/12/99 | |
| Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032
|
Supreme Court | 07/12/99 | ||
| State vs. Douglas Rains
02C01-9808-CC-00249
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Benton County | Court of Criminal Appeals | 07/12/99 | |
| Doris Howard v. Sterling Plumbing Group, Inc.
02S01-9811-CH-00107
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This worker's compensation suit was brought by Doris Howard, widow of Paul Howard, deceased, for the use and benefit of herself and the two minor children of the plaintiff, and Paul Howard, deceased. The trial court found for the plaintiff, holding that her husband, Paul Howard, suffered a compensable heart attack arising out of and in the course of his employment for the defendant. The court held that the heart attack resulted in the death of Mr. Howard and awarded benefits accordingly. In its only issue, the defendant says that the plaintiff did not prove by a preponderance of the evidence "that the claimants heart attack was precipitated by physical activity or exertion or physical strain associated with claimant's job." After considering the record, we find that the judgment of the trial court must be affirmed. Except for the medical evidence, there is no substantial conflict in the evidence. The plaintiff, the employee's widow, testified that Mr. Howard was 6'1" tall, 42 years of age, and weighed 168 pounds on October 1, 1995, when he died at work. He had high blood pressure and cholesterol. On October 1, 1995, the deceased left home to go to work at approximately 6:1 p.m. He was a maintenance employee for the defendant. Later, he telephoned his wife, and they had a normal conversation, Mr. Howard was in a good humor and laughing. He told his wife that at that time he was cleaning. Glen Page, testified that he worked in the maintenance department of the defendant corporation with Mr. Howard. They worked together on the evening of October 1, 1995. They weren't busy in the maintenance department, so they did some cleanup work involving sweeping. Mr. Howard was using a pushbroom that measured from 14 to 18 inches wide. Mr. Page testified that sweeping with the pushbroom was not strenuous work and that he and Mr. Howard could take a break when they desired. Mr. Page was called to the telephone and was gone for about twenty minutes. When he returned, Mr. Howard was lying on the floor. He had turned blue, and the pushbroom was on the floor two or three feet from him. Dr. Robert D. Dodds, II, a cardiologist, testified by deposition. On October 1, 1995, he was called in his capacity as the medical examiner for Obion County to observe Mr. 2
Authoring Judge: Hon. William Michael Maloan, Chancellor
Originating Judge:Hon. William Michael Maloan, |
Obion County | Workers Compensation Panel | 07/12/99 | |
| Long vs. Tri-Con Industries
01S01-9708-CV-00176
|
Supreme Court | 07/12/99 | ||
| State vs. Delfro Willis
02C01-9810-CC-00336
|
Madison County | Court of Criminal Appeals | 07/12/99 | |
| Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032
|
Court of Appeals | 07/12/99 | ||
| State vs. Douglas Rains
02C01-9808-CC-00249
|
Benton County | Court of Appeals | 07/12/99 | |
| Wanda Barker vs. James Barker
02A01-9808-CH-00222
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 07/12/99 | |
| Morefield vs. O'Brien Heating/Cooling
01A01-9807-CH-00385
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/12/99 |