APPELLATE COURT OPINIONS

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Kireyczyk, et. al. vs. MF Athletic Club

01A01-9612-CV-00549
Court of Appeals 08/13/97
Maytag v. Elliott

03S01-9611-CV-00112
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, Maytag Cooking Products, has appealed from the action of the trial court in awarding the employee permanent partial disability benefits of 4% to her left arm. The only issue on appeal is whether the expert medical testimony is sufficient to support the award of permanent disability. Carolyn D. Elliott was 5 years of age at the time of the trial and was a high school graduate. She had been employed by Maytag Cooking Products and a prior company for about 25 years. For some period of time, she was on a production line using an air gun to put screws through switches on a panel. Although she had some problems several years earlier, her left elbow began hurting so much she had to seek medical treatment during June 1993. This gradual injury resulted in her seeing several doctors and eventually in her seeing Dr. Richard B. Donaldson, the only expert medical witness to testify. At the trial below, which was about three years later, she told the court she still had pain in her arm; swelling of the arm frequently occurred and she did not feel her condition had improved very much. She had returned to work and was earning an amount equal to or greater than her previous wage. Her employer had reassigned her to lighter duty work but she did not feel she was performing her work satisfactorily. She testified she still could not iron, mow the yard, use a hair dryer or lift anything with her left arm. She is left-handed. She expressed the opinion that she had about an 8% loss of use of her left arm. Dr. Richardson, an orthopedic surgeon, testified by deposition. He said he saw her in connection with her obtaining a second opinion as to her medical condition. He testified she had a lateral and medial epicondylitis of the left elbow and this was a condition commonly known as tendinitis or tennis elbow. He recommended surgery which he felt would improve her condition but this had not 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Earle G. Murphy,.
Knox County Workers Compensation Panel 08/13/97
Tate vs. TN. Bd. of Paroles & Myers

01A01-9703-CV-00156

Originating Judge:Ben H. Cantrell
Davidson County Court of Appeals 08/13/97
02A01-9607-CH-00173

02A01-9607-CH-00173

Originating Judge:William Michael Maloan
Weakley County Court of Appeals 08/12/97
State v. Haynes

03C01-9608-CC-00321
Blount County Court of Criminal Appeals 08/12/97
Wilson v. State

03C01-9604-CC-00142

Originating Judge:William M. Dender
Court of Criminal Appeals 08/12/97
State v. Carroll

03C01-9607-CC-00254

Originating Judge:James E. Beckner
Hawkins County Court of Criminal Appeals 08/12/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Greene County Court of Appeals 08/12/97
Roulette v. Roulette

03A01-9701-GS-00010
Court of Appeals 08/12/97
State vs. James Henry Davis

M1999-02467-CCA-R3-CD
The Defendant pleaded guilty to the offense of second degree murder. Sentencing was left to the discretion of the trial court. Following a sentencing hearing, the trial judge sentenced the Defendant to twenty-four years in the Department of Correction. On appeal, the Defendant challenges the length of his sentence. We modify the sentence to twenty-two years.

Originating Judge:Leon C. Burns, Jr.
White County Court of Criminal Appeals 08/11/97
Brian David McCray, v. Irene Carol Klanseck McCray

01A01-9612-CH-00553

The husband sued for absolute divorce, claiming cruel and inhuman treatment and irreconcilable differences. The wife denied that her husband was entitled to a divorce, and she counterclaimed for a divorce from bed and board. After a hearing, the trial court dismissed the husband’s complaint and awarded the wife a divorce from bed and board and custody of the four minor children. The husband was ordered to pay alimony in futuro, child support and attorney fees.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Jim T. Hamilton
Maury County Court of Appeals 08/10/97
Allen D. Curtis and wife, Carolyn June Curtis, v. William M. Rice, and Rice & Papuchis Construction Company, Inc.

01A01-9605-CH-00211

This is an appeal by plaintiffs/appellants, Allen D. Curtis and his wife, Carolyn June Curtis, from a decision of the chancery court which dissolved the partnership formed between Curtis and
defendant/appellee, William M. Rice, and which distributed the partnership's assets.1 The facts out of which this matter arose are as follows.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Tom E. Gray
Sumner County Court of Appeals 08/10/97
Ray Darris Thompson v. Stanley Dickerson, et al.

02A01-9702-CV-00034

Plaintiff, Ray Darris Thompson, appeals the order of the trial court dismissing his
complaint against the defendants, Stanley Dickerson, Betty Hammond, Vernon Brown, June Wesson, Bruce MacDonald, and Christine Bradley, for failure to prosecute.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Karen R. Williams
Shelby County Court of Appeals 08/10/97
Robert E. Evans, v. Amcash Mortgage Company, Inc.

01A01-9608-CV-00386

In this defamation action, Robert Evans (“Plaintiff”) filed suit against Amcash Mortgage Company, Inc. (“Defendant”) and Franklin American Life Insurance Company1 for an alleged defamatory statement made by Defendant’s attorney to one of Defendant’s employees. In granting the Defendant’s motion for partial summary judgment, the trial court dismissed Franklin American Corporation from the suit, dismissed Plaintiff’s claims against Defendant under a theory of “slander by action,” and held that a genuine issue of material fact existed as to whether the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege. Defendant appeals the judgment of the court below arguing that the trial court erred in denying Defendant’s motion for summary judgment regarding the statement made by Defendant’s attorney to one of Defendant’s employees concerningthe reason for Plaintiff’s employment termination because the statement is subject to a qualified privilege and is not defamatory in nature. For the reasons stated hereafter, we reverse the judgment of the trial court and hold that the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege and is not defamatory.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Thomas W. Brothers
Court of Appeals 08/10/97
State of Tennessee v. Jubal Carson

03S01-9606-CR-00063

The issue presented by this appeal is whether the defendant, who assisted his co-defendants in committing an aggravated robbery, was criminally responsible under Tenn. Code Ann. § 39-11-402(2) for additional offenses committed by them.

Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge Mary Beth Leibowitz
Knox County Supreme Court 08/04/97
The Terminix International Company, L.P. v. Stephen Tapley and Denford Tapley

02A01-9701-CH-00028

This appeal arises out of an action brought by a company to enforce covenants not to compete against two former employees. Plaintiff, The Terminix International Company, L.P. (Terminix), appeals from the order of the trial court setting aside the default judgment against the defendants, Stephan Tapley and Denford Tapley (the Tapleys), dismissing the action for lack 2 of venue, and dismissing the petitions to hold the Tapleys in contempt for violating a permanent injunction.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Neal Small
Shelby County Court of Appeals 08/04/97
Hal Angus, D/B/A, Hal Angus Demolition, v. City of Jackson

02A01-9509-CV-00208

In this case, a demolition company filed a lawsuit against the City of Jackson for breaching an alleged implied contract between the two parties by failing to mail the plaintiff demolition company invitations to bid on demolition projects. The trial court granted the City’s motion for summary judgment, and the plaintiff appealed. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Whit A. Lafon
Madison County Court of Appeals 08/01/97
David Wayne Gurien, v. Allstate Insurance Company

01A01-9610-CH-00459

In this breach of contract case, David Wayne Gurien (“Plaintiff”) filed suit against Allstate Insurance Company (“Defendant”) for Defendant’s failure to compensate him for the theft of his automobile pursuant to the terms of the insurance contract that he had with the Defendant. The trial court awarded Plaintiff $18,300.00 in compensatory damages and $4,575.00 for the Defendant’s bad faith refusal to pay under the terms of the insurance contract. A motion to alter or amend resulted in an adjustment of compensatory damages to $17,300.00 to account for the deductible. The issues on appeal relate only to the award of the bad faith penalty.
 

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 08/01/97
Mall of Memphis Associates vs. Tennesse State Board of Equalization, et al., - Concurring

02A01-9609-CH-00214

This appeal involves a constitutional challenge by the Mall of Memphis  Associates (the Mall) to an increase in its property value by the Assessor of Property for Shelby County, Tennessee (the Assessor). The respondents, Tennessee State Board of Equalization (the Board) and Rita C. Clark,1 the Assessor, appeal the judgment of the chancery court voiding an increase in the property assessment for the petitioner, the Mall. The chancery court held that the Board’s reappraisal of the Mall’s property violated the Mall’s Fourteenth Amendment rights of equal protection under the United States Constitution.

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 08/01/97
In re: Estate of Maple Ione Stocks, Gwyneth J. Huges, and Linda Lyons, Co-Administratrices C.T.A., v. Anna Gayle Ironside and William A. Grisham

02A01-9612-CH-00310

This appeal arises from the probate of the Last Will and Testament of Maple Ione Stocks (Stocks) in the Chancery Court of Obion County. The co-administratrices C.T.A., Gwyneth J.
Hughes (Hughes) and Linda Lyons (Lyons), appeal the order of the chancery court vacating the 2 order admitting Stocks’s will to probate because of a lack of jurisdiction and/or venue, which was made final pursuant to Tenn. R. Civ. P. 54.02.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor W. Michael Maloan
Obion County Court of Appeals 08/01/97
Roger D. Pulley vs. State

01C01-9605-CC-00217

Originating Judge:Jim T. Hamilton
Wayne County Court of Criminal Appeals 07/31/97
State vs. Jimmy L. Reeder

01C01-9608-CR-00352

Originating Judge:John A. Turnbull
DeKalb County Court of Criminal Appeals 07/31/97
Karen Sullivan vs. Baptist Memorial Hospital, et al

02A01-9610-CV-00237

Originating Judge:Karen R. Williams
Court of Appeals 07/31/97
01CO1-9602-CC-00073

01CO1-9602-CC-00073
Putnam County Court of Criminal Appeals 07/31/97
State vs. Sarah K. Madewell

01C01-9606-CC-00247

Originating Judge:John J. Maddux
Putnam County Court of Criminal Appeals 07/31/97