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| State of Tennessee vs. Freddie King
02C01-9611-CR-00433
The appellant, Freddie King (petitioner), appeals as of right from a judgment of the trial court dismissing his action for post-conviction relief following an evidentiary hearing. In this court, the petitioner contends (a) his guilty pleas were not voluntarily, intelligently, and understandingly entered and (b) the trial court failed to advise him of his constitutional right against self-incrimination before questioning him during the submission hearing. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed.
Authoring Judge: Judge Joe B. Jones
Originating Judge:Judge Leonard T. Lafferty |
Shelby County | Court of Criminal Appeals | 01/05/98 | |
| Kathy Reynolds v. Life Care Centered of America
02S01-9703-CV-00015
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 trial court awarded the plaintiff 5% permanent partial disability to the right arm and 25% to the left arm. The trial court also awarded temporary total disability for the period between 6/3/95 and 1/16/96 (22 weeks) at the $152.24 compensation rate totaling $5,23.92 , medicals and mileage, future medical on arms only, attorney's fees in lump sum and discretionary costs. We affirm the judgment of the trial court. The plaintiff is a 55-year-old female with a tenth grade education. She has work experience in a factory and experience cleaning and working on boats. She started working for the defendant in 1993 as a certified nursing assistant. Plaintiff's duties for the defendant included making beds, feeding, shaving and bathing patients and turning them in their beds. These job activities require lifting, bending, and manipulating of the patients and the objects around them. On May 1, 1995, the plaintiff, while attempting to lift a patient into a chair with the aid of a fellow employee, fell forward striking her arm on the chair. She alleged that this accident caused damage to her neck, shoulder and right arm. The trial court did not find adequate proof to substantiate an injury to the neck. Only the questions of causation and the amount of permanent partial disability to the right and left arms are before us for review. The plaintiff testified that she complained of the injury to her right arm to her charge nurse on the date of the accident and again on the next day. The plaintiff testified on cross-examination that she first saw Dr. Portis to whom, she believes, she related the details of her accident. However, Dr. Portis' medical records do not reveal that the plaintiff informed him of the details of her accident. The plaintiff then saw Dr. Warmbroad on June 9, 1995. She admits that she did not tell him about the fall. In June of 1995, the plaintiff also saw Dr. Anthony Segal. She did not give a history of injury or trauma to her right arm to him. Dr. Segal thought that the carpel
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. C. Creed Mcginley, Judge |
Benton County | Workers Compensation Panel | 01/05/98 | |
| Josephine Brown, Whitfield Brown, and Earline Culp, v. Dr. Kenneth Kudsk and UT Medical Group, Inc.
02A01-9611-CV-00291
This is an appeal from a summary judgment in a medical malpractice case. The trial 2 court entered an order of summary judgment on behalf of Defendant, Dr. Kenneth Kudsk (“Dr. Kudsk”). Plaintiffs, Josephine Brown ( “Brown”), Whitfield Brown, and Earline Culp, appeal the judgment citing, inter alia, errors in the trial court’s granting of summary judgment when the Plaintiffs’ expert affidavits and deposition testimony were proper responsive proof to the Defendant’s motion for summary judgment. For reasons stated herein, we affirm the trial court’s judgment.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Robert L. Childers |
Shelby County | Court of Appeals | 01/02/98 | |
| State vs. Keith Henderson
02C01-9707-CR-00263
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 12/31/97 | |
| Patricia A. Anderson v. Hartsville Convalescent Center, et al.
01S01-9703-CH-00070
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Anderson County | Workers Compensation Panel | 12/31/97 | |
| State vs. Ray Anthony Bridges
02S01-9606-CC-00053
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Supreme Court | 12/31/97 | ||
| Wigginton vs. Wigginton
01A01-9704-CH-00163
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Court of Appeals | 12/31/97 | ||
| State vs. Reginald Thompson
02C01-9611-CR-00380
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Shelby County | Court of Criminal Appeals | 12/31/97 | |
| State vs. Richard Patterson , et al
02C01-9702-CC-00074
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Henry County | Court of Criminal Appeals | 12/31/97 | |
| Timothy P. Mullinax v. Wabash Alloys & Cigna Ins. Co.
01S01-9702-CV-00034
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer and its insurer contend the evidence preponderates against the trial court's finding that the employee has a ten percent permanent medical impairment and in favor of a finding that the employee has a five percent medical impairment rating. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Mullinax, suffered a compensable low back injury on August 3, 1995, when he was hit in the head by a steel beam and knocked ten or fifteen feet onto his back. He was referred by the employer to a chiropractor, who referred him to Dr. Verne Allen for treatment of pain in his left shoulder and arm, low back pain and problems with his hips and legs. The doctor ordered an MRI and myelogram, restricted him from lifting more than forty pounds occasionally or twenty pounds repetitively, and assessed his permanent medical impairment at five percent to the whole body, without performing any range of motion tests. He told the claimant there was nothing anybody could do for him. The claimant was referred, apparently by his attorney, to Dr. Robert Barnett, for examination and evaluation. After considering the claimant's history, results of scientific tests and range of motion tests, Dr. Barnett restricted the claimant from any heavy lifting, repetitive lifting, bending, stooping, bending or squatting, and assessed his permanent impairment at ten percent to the whole body. Both doctors based their opinions on appropriate guidelines and both are eminently qualified experts in their fields of specialty. Dr. Allen is board certified in neurological surgery, Dr. Barnett in orthopedic surgery. The trial judge accepted the opinion of Dr. Barnett and rejected that of Dr. Allen. Appellate review of a finding of fact in a workers' compensation case is de novo upon the record of the trial court, accompanied by a presumption of correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Accordingly, we have conducted an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Allen Wallace, |
Humphreys County | Workers Compensation Panel | 12/31/97 | |
| State, ex. rel. Rion vs. Rion
01A01-9704-CV-00194
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/31/97 | |
| Hawks vs. City of Westmoreland
01S01-9704-CV-00083
|
Supreme Court | 12/31/97 | ||
| State vs. Clyde Edgeston
02C01-9611-CC-00413
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Madison County | Court of Criminal Appeals | 12/31/97 | |
| State vs. John Justice
02C01-9612-CC-00448
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 12/30/97 | |
| Barnett vs. Barnett
01A01-9704-CV-00187
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/30/97 | |
| 01A01-9701-CH-00035
01A01-9701-CH-00035
Originating Judge:Tyrus H. Cobb |
Marshall County | Court of Appeals | 12/30/97 | |
| Haulers vs. Burke
03A01-9611-CV-00356
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Bradley County | Court of Appeals | 12/30/97 | |
| Boatman's Bank vs. Steven Dunlap
02A01-9607-CH-00166
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 12/30/97 | |
| State vs. Mark Tyre
02C01-9702-CC-00057
Originating Judge:J. Steven Stafford |
Lake County | Court of Criminal Appeals | 12/30/97 | |
| State vs. Boston
03C01-9611-CR-00401
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Sullivan County | Court of Criminal Appeals | 12/30/97 | |
| Turnbo vs. Turnbo
01A01-9307-CH-00314
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 12/30/97 | |
| Farmer vs. Dept. of Children Svcs.
01A01-9610-JV-00485
Originating Judge:William B. Cain |
Davidson County | Court of Appeals | 12/30/97 | |
| State vs. Carla Smith
01C01-9701-CC-00033
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 12/30/97 | |
| Stewart vs. HCA Health Services
01A01-9603-CV-00111
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/30/97 | |
| Williams vs. Comer
01A01-9701-CH-00008
Originating Judge:Thomas E. Gray |
Sumner County | Court of Appeals | 12/30/97 |