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| State vs. Ronnie Turner
01C01-9602-CR-00077
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 06/26/97 | |
| State vs. Dale Nolan
01C01-9511-CC-00387
Originating Judge:Buddy D. Perry |
Sequatchie County | Court of Criminal Appeals | 06/26/97 | |
| State vs. James Lemacks
01C01-9605-CC-00227
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Humphreys County | Court of Criminal Appeals | 06/26/97 | |
| State vs. Jimmy Mathis
02C01-9605-CC-00177
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Hardin County | Court of Criminal Appeals | 06/26/97 | |
| 01CO1-9606-CC-00280
01CO1-9606-CC-00280
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Giles County | Court of Criminal Appeals | 06/26/97 | |
| State vs. Sepulveda
03C01-9402-CR-00069
Originating Judge:Rex Henry Ogle |
Jefferson County | Court of Criminal Appeals | 06/26/97 | |
| State vs. Steven A. Bush
01C01-9605-CC-00220
Originating Judge:J. Curwood Witt |
Dickson County | Court of Criminal Appeals | 06/26/97 | |
| State vs. Robert Vaughn
01C01-9605-CR-00219
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Sumner County | Court of Criminal Appeals | 06/26/97 | |
| Jessie James House vs. State
01C01-9607-CR-00309
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 06/26/97 | |
| State vs. Philip Kevin Cook
01C01-9604-CR-00146
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Davidson County | Court of Criminal Appeals | 06/26/97 | |
| State vs. Hayles
03C01-9603-CR-00113
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 06/25/97 | |
| State vs. Houston
03C01-9608-CR-00297
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 06/25/97 | |
| State vs. Weaver
03C01-9607-CC-00263
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/25/97 | |
| State vs. Roy Gibson
02C01-9604-CC-00117
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 06/25/97 | |
| State vs. Wesemann
03C01-9404-CR-00144
Originating Judge:Edgar P. Calhoun |
Sullivan County | Court of Criminal Appeals | 06/25/97 | |
| Empire Berol , U.S.A. v. Nancy Lee Estes
01S01-9610-CH-00205
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 posture of this case is somewhat unusual. The plaintiff is Empire Berol U.S.A., the employer of the defendant Nancy Lee Estes. It sought a declaratory judgment on March 11, 1993 of the respective rights of the parties under the workers' compensation law, alleging that Estes was asserting a job-related accident resulting in physical injury. Estes filed her answer, admitting that she was injured, but that her condition was one that progressively occurred and was not diagnosed as carpal tunnel syndrome until December 28, 1992. About four months later, Estes filed another answer, coupled with a counter-claim, through different counsel, in which she alleged that she sustained an injury by accident on or about November 17, 1992 during the course of her employment by the plaintiff. All this was followed by the filing of another complaint, by the plaintiff, on May 2, 1994, against Estes and Golden Corral, alleging as a result of discovery, that the injury to Estes arose out of her employment at the Golden Corral, which was designated as a third-party defendant. Golden Corral filed a motion to dismiss, alleging, in effect, procedural errors. The plaintiff thereupon amended its complaint, alleging that Golden Corral was a necessary party under RULE 19, but the procedural problem was unaddressed. Before the motion to dismiss was heard, the parties agreed that it was well- taken, and Estes averred her intention to file a complaint against Golden Corral, which soon followed, in which she alleged that a "gradual injury did occur and that [she] was employed by Golden Corral during a time frame in which the injury may have begun" and that she "sustained an injury by accident arising out of and in the course of her employment while performing work at the place of business of Golden Corral in Shelbyville, Tennessee." Golden Corral denied that Estes was injured as alleged, but if so, her suit was time-barred under TENN. CODE ANN. _ 5-6-21. Upon the trial of the case, the central issue was causation, since Ms. Estes' carpal tunnel syndrome was evident and not disputed. She testified that she began 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Tyrus H. Cobb |
Bedford County | Workers Compensation Panel | 06/24/97 | |
| 02C01-9605-CC-00183
02C01-9605-CC-00183
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 06/24/97 | |
| State vs. Moates
03C01-9610-CR-00383
Originating Judge:Mayo L. Mashburn |
Monroe County | Court of Criminal Appeals | 06/24/97 | |
| Darla Gail Farmiloe v. Saturn Corporation
01S01-9610-CV-00199
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. This complaint was filed June 23, 1994. The plaintiff alleged that she sustained various job-related injuries arising from her employment, the first being November 21, 1991 involving upper back and shoulder pain which developed gradually. The defendant admitted the report of these injuries. Trial of the case in February 1996 resulted in a finding that the plaintiff's job duties advanced the severity of her pre-existing conditions and that she had sustained a 75 percent occupational disability with benefits payable in a lump sum. The employer appeals, and presents for review the issues of (1) whether the plaintiff sustained a compensable injury to her neck, back and left upper extremity, (2) whether the award is excessive, and (3) whether the award should be paid in a lump sum. W e will consider these issues jointly. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). Where testimony is presented by deposition, this Court is able to make its own independent assessment of the proof to determine where the preponderance of the evidence lies.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Maury County | Workers Compensation Panel | 06/24/97 | |
| State vs. Robinson
03C01-9510-CC-00303
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 06/24/97 | |
| State vs. Booker
03C01-9607-CC-00273
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Anderson County | Court of Criminal Appeals | 06/24/97 | |
| Will v. Doran, Judge
02C01-9505-CR-00136
Originating Judge:Wil V. Doran |
Shelby County | Court of Criminal Appeals | 06/24/97 | |
| Billie Doveta Smithers v. Russell Stover Candies, et al.
01S01-9609-CV-00182
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 06/24/97 | |
| Diane Watters vs. William Watters & General Mills
02A01-9511-CH-00254
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 06/24/97 | |
| Luther T. Beckett v. Gaylord Entertainment Company
01S01-9610-CV-00209
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 issue is whether the defendant should be estopped to plead the bar of the Statute of Limitations. The trial judge ruled that waiver and estoppel were not implicated and dismissed the suit. The plaintiff alleged that he was injured while working for the Opryland Hotel on May 28, 1994. The defense of the Statute of Limitations was raised by motion for summary judgment, the hearing of which was bifurcated. The trial court determined that the plaintiff was aware of a job-related injury no later than June 8, 1994,1 but conducted a separate hearing on the issue of waiver and estoppel, following which he ruled that the delay in filing suit was the fault of the plaintiff. Plaintiff was employed at the Opryland Hotel in Nashville on May 28, 1994, as a doorman. On the early afternoon of May 28, 1994, he felt a pain in his lower right abdomen, and thought he had pulled a muscle and reported this to the door captain. He then told the bell services manager that he thought he had pulled a muscle and requested permission to go home, which was granted. He returned to work on his next scheduled work day, and continued to work without complaint until he was terminated for an unrelated reason on August 13, 1994. Plaintiff went to see his personal physician, Dr. Jacokes, about this injury on June 8, 1994. After examining the plaintiff, Dr. Jacokes advised him that he had a hernia. Plaintiff knew that his injury had occurred at work, but he made no mention to Opryland of his hernia before leaving his employment. Plaintiff testified that the pain in his lower abdomen worsened in April, 1995, and he sought additional medical treatment. His physician told him that he would need surgery and, as a result, he contacted defendant to file a workers' compensation claim. He was referred to Willis Corroon, the third party administrator of Opryland's workers' compensation claims, and spoke with Ms. Ann Parker, claims adjuster, at Willis Corroon. 1The Complaint was filed July 26, 1995. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Walter C. Kurtz, |
Davidson County | Workers Compensation Panel | 06/24/97 |