APPELLATE COURT OPINIONS

Please enter some keywords to search.
Dorothy Lewis vs. Julie Donoho

02A01-9708-CV-00201

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Appeals 09/23/98
State., ex. rel. Peggy Richardson vs. Richardson

01A01-9706-CV-00274

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 09/23/98
Johnson vs. Dept. of Corrections

01A01-9710-CH-00586

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 09/23/98
Baumgardner & wife vs. ACD Tridon North America

01A01-9806-CV-00307

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 09/23/98
Dyer vs. State

03C01-9712-CR-00515

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 09/23/98
03C01-9803-CR-00089

03C01-9803-CR-00089

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 09/23/98
Seffernick vs. St. Thomas Hospital

01A01-9606-CV-00282
Court of Appeals 09/23/98
Inr re: Banks Dewey Thompson

01A01-9801-CH-00044

Originating Judge:Jeffrey F. Stewart
Grundy County Court of Appeals 09/23/98
Hall vs. Pippin & Delaney

01A01-9609-CH-00439

Originating Judge:Vernon Neal
Putnam County Court of Appeals 09/23/98
Wilson vs. Mcwherter

01A01-9706-CV-00266
Court of Appeals 09/23/98
Scott M. Shultsz v. Baneberry Golf Course

03S01-9707-CV-00133
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 employer, Baneberry Golf Course, and insurance carrier, U.S.F.&G. Company, have appealed from a judgment entered by the trial court awarding the employee, Scott M. Shultz, 5% permanent partial disability benefits to the body as a whole. The appeal presents issues concerning whether the court was in error in (1) awarding 5% disability, (2) exceeding the 2 _ multiplier provisions set forth in T.C.A. _ 5-6-241, (3) awarding certain unauthorized medical expenses and (4) awarding certain discretionary costs. Plaintiff was 32 years of age and left school before completing the 12th grade. He does not have a G.E.D. certificate and his work experience has been in the construction industry where he has been a general laborer. He was employed by the defendant golf course as a maintenance worker which required him to operate a large mower and a weedeater about the golf course. On August 23, 1995 while mowing, he noticed the mower deck had jumped its track. He stopped the tractor and squatted down to lift the deck up. As he lifted, he felt a sharp pain in his back and fell to the ground. A co-worker saw him and helped get him back to the shop and on to the hospital emergency room. He testified he worked some period of time after the accident although it was painful; that he was laid off in October or November due to the seasonable nature of his work; that he was furnished a list of physicians and went to see Dr. Kevin Bailey during October, 1995. The record indicates Dr. Bailey ordered an M.R.I. examination and the report showed a large central and right ruptured disc at the lowest disc level and a smaller herniation at the level above that. Dr. Bailey, a physical medicine specialist, did not believe surgery was necessary but referred him to Dr. Bishop, an orthopedic surgeon practicing in the same group, for a second opinion. Dr. Bailey gave a 7% medical impairment for his condition. Dr. Bishop recommended surgery and this was performed during March 1996. Plaintiff was eventually released to return to work on 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Kendall Lawson,
Knox County Workers Compensation Panel 09/23/98
Crye-Leike Realtors vs. WDM

02A01-9711-CH-00287

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 09/23/98
State vs. John Lewis

01C01-9707-CC-00289

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 09/23/98
03A01-9708-CH-00431

03A01-9708-CH-00431
Court of Appeals 09/23/98
Hall vs. Pippin & Delaney

01A01-9609-CH-00439
Court of Appeals 09/23/98
In the matter of: Laura Ann Campbell

01A01-9802-JV-00086

Originating Judge:Clovis G. Parnell
Perry County Court of Appeals 09/23/98
State vs. Corey Powell

02C01-9707-CC-00265
Fayette County Court of Criminal Appeals 09/22/98
State vs. Michael Walls

01C01-9708-CC-00381
Franklin County Court of Criminal Appeals 09/22/98
State vs. Mark Cash

01C01-9712-CR-00579

Originating Judge:Leon C. Burns, Jr.
Putnam County Court of Criminal Appeals 09/22/98
01C01-9707-CR-00248

01C01-9707-CR-00248
Davidson County Court of Criminal Appeals 09/22/98
State vs. Don Allen Rodgers

W2000-00714-CCA-R3-CD
The defendant appeals the trial court's revocation of his community corrections sentence and the imposition of incarceration in the Department of Correction. Finding no abuse of the trial court's discretion in making either determination, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 09/22/98
Brewer vs. State

03C01-9709-CC-00397

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 09/22/98
State vs. Andrew Cole

02C01-9712-CC-00461

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 09/22/98
State vs. Smith, a.k.a Maxwell

03C01-9708-CR-00366

Originating Judge:Mary Beth Leibowitz
Knox County Court of Criminal Appeals 09/22/98
James Carroll vs. Carolyn Whitney

02A01-9707-CV-00162

Originating Judge:Janice M. Holder
Shelby County Court of Appeals 09/22/98