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Fred Dean vs. Donal Campbell, et al
02A01-9704-CV-00077
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 07/17/97 | |
03C01-9512-CR-00410
03C01-9512-CR-00410
Originating Judge:Russell C. Hinson |
Hamilton County | Court of Criminal Appeals | 07/16/97 | |
State vs. James Dodd
02C01-9608-CC-00273
|
Hardin County | Court of Criminal Appeals | 07/16/97 | |
State vs. Claude Todd
02C01-9609-CR-00295
|
Shelby County | Court of Criminal Appeals | 07/16/97 | |
Hudson vs. State
03C01-9605-CC-00200
|
Court of Criminal Appeals | 07/16/97 | ||
State vs. Bowling
03C01-9501-CR-00017
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 07/16/97 | |
Southeast Drilling & Blasting Services vs. BRS Construction Co.
01A01-9706-CH-00272
Originating Judge:Don R. Ash |
Court of Appeals | 07/16/97 | ||
State vs. Hawkins
03C01-9606-CC-00239
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 07/16/97 | |
Tomlin, a minor., et. al. vs. Warren,
01A01-9702-CV-00067
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/16/97 | |
02C01-9501-CC-00029
02C01-9501-CC-00029
|
Hardin County | Court of Criminal Appeals | 07/16/97 | |
State vs. Jeffey Yates
02C01-9608-CR-00276
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/16/97 | |
Jenkins vs. Jenkins
01A01-9609-CV-00399
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 07/16/97 | |
Droussoitis vs. Damrron, et. al.
01A01-9612-CV-00548
Originating Judge:J. S. Daniel |
Rutherford County | Court of Appeals | 07/16/97 | |
State vs. Wallace Butler
02C01-9511-CR-00339
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 07/16/97 | |
State vs. Courtney Price/Robertson
02C01-9606-CC-00203
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 07/16/97 | |
Reliance Insurance Co. vs. WSN Leasing, Inc.
01A01-9612-CV-00552
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 07/16/97 | |
State vs. Charles Barbee
02C01-9610-CC-00372
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 07/16/97 | |
Curtis vs. Curtis
01A01-9508-CV-00385
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/16/97 | |
Tucker v. Ercl
03S01-9603-CV-00025
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. Plaintiff, Dorothy Tucker, has appealed from the action of the trial court in dismissing her complaint and refusing to reconsider the issue of whether disputed material issues of fact exist. Defendant employer, ERCL, Inc., and defendant insurance carrier, Lumbermen's Mutual Casualty Company, have filed a motion to dismiss the appeal on the ground a notice of appeal was not timely filed within thirty days after the entry of an order sustaining a motion for summary judgment in favor of the defendants. The motion for summary judgment was filed on January 13, 1995, and was supported by a deposition from plaintiff's treating doctor stating that there was no permanent impairment as a result of plaintiff's injury. Temporary total disability benefits as well as existing authorized medical expenses had been paid. Plaintiff did not file an opposing affidavit or deposition and an order was eventually entered on March 22, 1995, sustaining the motion and dismissing the case. On April 2, 1995, plaintiff filed a motion pursuant to Rule 59, T.R.Civ.P., requesting the court to reconsider, vacate the order of dismissal and set the case for trial. The motion was styled "Motion for Reconsideration" and was supported by an affidavit from Dr. Scott L. Parson, a chiropractor, stating his examination of plaintiff indicated she had a l% impairment due to the injury of her elbow. The trial court denied the motion stating the affidavit came too late. This order was entered on January 5, 1996, and a notice of appeal was filed on January 1, 1996, reciting the appeal was being taken from the entry of the two orders of the trial court. Defendants contend it is well established a motion to reconsider will not toll the thirty day period after entry of a final judgment and cite the cases of Anthony v. Kelly Foods Inc., 74 S.W.2d 35 (Tenn. 1986) and Daugherty v. Lumbermen's Underwriting Alliance, 798 S.W.2d 754 (Tenn. 199). In the Anthony case, a 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Rex Henry Ogle |
Knox County | Workers Compensation Panel | 07/15/97 | |
Pemberton v. Campbell
03S01-9604-CH-00044
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 was awarded lifetime benefits based on a finding of total, permanent vocational disability, with the employer and Second Injury Fund ordered de novo concurrent, pro rata payments for permanent disability until the plaintiff reaches age 65. Because we find that the preponderance of the evidence does not support a finding of total and permanent disability, but supports a finding of 75% permanent partial disability to her whole body, the judgment is modified to award the plaintiff weekly benefits for 3 weeks. Our review is de novo on the record, accompanied by the presumption that the trial court's findings of fact are correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). Seiber v. Greenbrier Ind., 96 S.W.2d 444, 446 (Tenn. 1995). The plaintiff injured her neck and shoulders on September 15, 1992, rupturing a cervical disc. Dr. Bernhard Kliefoth performed surgery and released the plaintiff to return to work with no restrictions on October 7, 1992. She was employed as a teacher's aide and suffered the injury while lifting a child. She was then 37 years old. On April 1, 1991, she had injured her neck but had not pursued a claim; in this connection, the orthopedic surgeon, Dr. William Kennedy, testified that about one- half of the plaintiff's impairment was attributable to the former injury. Because of ongoing shoulder pain, the plaintiff saw Dr. David Hauge, who performed surgery on July 7, 1994 for suprascapular nerve entrapment and testified that the plaintiff had a 9% impairment for the cervical injury and a 15% impairment for the nerve entrapment, for a total of 17% impairment to her whole body. Dr. Kennedy evaluated the plaintiff on May 5, 1993 and testified that she had a 2% impairment due to neck problems. As noted, he attributed one-half of the impairment to the 1991 injury. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 07/14/97 | |
Marvin & Ellyse McCarley vs. West Food Quality Service
02S01-9610-CV-00085
|
Supreme Court | 07/14/97 | ||
King v. State
03C01-9601-CR-00024
|
Knox County | Court of Criminal Appeals | 07/14/97 | |
Marvin & Ellyse McCarley vs. West Food Quality Service
02S01-9610-CV-00085
|
Supreme Court | 07/14/97 | ||
Atwell v. Colonial
03S01-9609-CV-00090
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. Plaintiff, S. Scott Atwell, has appealed from the trial court's action in modifying a portion of a judgment which provided for a structured settlement of a workers' compensation claim. Originally the parties to this action entered a judgment on September 17, 1993, finding plaintiff to be totally (1%) disabled and providing the award would be payable as follows: a. Lump sum payment of $55,235. upon the entry of judgment. b. Payment of $588. every two weeks for a one year period. c. Lump sum payment of $14,34. on August 3, 1994. d. Lump sum payment of $14,34. on February 28, 1995. e. Lump sum payment of $15,37. on February 28, 1996. Upon learning plaintiff was engaged in certain work activities, the defendant, Colonial Freight Systems, Inc., filed a motion on March 8, 1995, to modify the last two annual payments upon the ground the evidence indicated the employee was not totally disabled. This motion was filed pursuant to the provisions of T. C. A. _ 5-6- 231 and Rule 6, T. R. Civ. P. After conducting a hearing, the trial court found there had been a "change of circumstances" and entered an order relieving the employer of the responsibility of paying the last two annual payments. The order did not state whether relief was granted pursuant to the statute or Rule 6 or both. This ruling was based upon evidence the employee had been working at a construction site in South Carolina over a certain period of time. Evidence of this nature was produced at the hearing by a private investigator who had observed the employee and a video made at the construction site. On appeal the employee argues the payments which the court abated were classified as lump sum payments and were not subject to modification under the statutory language and further that the evidence did not justify relief under Rule 6. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Harold W Imberly, |
Knox County | Workers Compensation Panel | 07/14/97 | |
Gregory Eidson vs. State
M2004-02528-CCA-R3-HC
The Petitioner, Gregory Eidson, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 07/14/97 |