APPELLATE COURT OPINIONS

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Roosevelt Smith vs. State

01C01-9604-CR-00135
Davidson County Court of Criminal Appeals 04/24/97
State vs. Callahan

03C01-9507-CC-00203
Sullivan County Court of Criminal Appeals 04/24/97
State vs. Callahan

03C01-9507-CC-00203
Sullivan County Court of Appeals 04/24/97
William Tollett vs. State

01C01-9605-CR-00180
Davidson County Court of Criminal Appeals 04/24/97
William Newton vs. James Cox

02A01-9604-CH-00086
Shelby County Court of Appeals 04/24/97
Carolyn Marie Drake v. David Carl Drake

03A01-9610-CV-00312
Petitioner and Respondent are sister and brother, and the Trial Court issued an order of protection in response2 to the petition filed, following an abbreviated trial. On appeal, respondent insists the Trial Court did not have jurisdiction pursuant to Tennessee Code Annotated _36-3-61, et seq., or that the Court refused to permit respondent to present his evidence.
Authoring Judge: HERSCHEL P. FRANKS, J.
Originating Judge:HON. ROBERT M. SUMMITT
Hamilton County Workers Compensation Panel 04/24/97
State of Tennessee v. Nathan Allen Callahan

03C01-9507-CC-00203
This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendant, Nathan Allen Callahan, was convicted by a Sullivan County jury of one count of first-degree murder and one count of second-degree murder, respectively, for the shooting deaths of his mother and younger sister. The jury set punishment for the first-degree murder conviction at life imprisonment and fined the Defendant $47,. for the count of second- degree murder. The trial court ordered twenty-two years imprisonment on the conviction for second-degree murder to be served concurrently with the life sentence.
Authoring Judge: David H. Welles, Judge
Originating Judge:Hon. R. Jerry Beck
Sullivan County Workers Compensation Panel 04/24/97
Joseph Veres vs. State

01C01-9602-CC-00070
Putnam County Court of Criminal Appeals 04/24/97
State vs. Skidmore

03C01-9502-CR-00039

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 04/24/97
01C01-9612-CC-00521

01C01-9612-CC-00521
Grundy County Court of Criminal Appeals 04/24/97
State vs. Bobby Nash

01C01-9409-CR-00330

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 04/24/97
State vs. Darnell Gentry

02C01-9604-CC-00115

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 04/23/97
Johnson v. Goodwill

03S01-9610-CV-00101
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 appeal has resulted from the action of the trial court in dismissing the employee's claim for benefits. The Circuit Judge found plaintiff had failed to establish her injury was caused by an accident which arose out of and in the course of her employment. The sole issue on appeal is whether the evidence preponderates against the conclusion of the trial court. Plaintiff, Joy G. Johnson, testified on October 2, 1993, she stepped into a drainage hole while performing her work-related duties. She reported the incident to several management representatives and signed an accident report which indicated she did not receive any treatment for an injury. She did not miss any work and did not see a doctor until July 1994. Her family doctor then referred her to Dr. Gregory M. Mathien, an orthopedic surgeon. She saw Dr. Mathien on September 15, 1994, which was almost a year after the incident at work. In giving a history, she said she fell about a year earlier and had a second fall about eight months earlier. She never indicated either fall occurred at work. Dr. Mathien's testimony was by deposition and his diagnosis was a torn meniscus with secondary tendinitis. He said the articular cartilage lesion was not work-related but was due to the degenerative process. As to the torn meniscus, he testified causation was hard to say; she only told him she had pain about two and one-half months prior to seeing him, and he could not determine which fall caused the problem or if either event was the cause. Dr. Mathien performed surgery and continued to see her saying the result was not as good as expected. He did not assess any medical impairment as he had no reason to do so. The record indicates plaintiff incurred substantial medical expenses and all bills were submitted to her husband's medical insurance carrier. No medical expenses were ever submitted to defendant employer. She also admitted she never 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. James B. Scott, Jr.
Johnson County Workers Compensation Panel 04/23/97
Darden vs. Stokes

01A01-9610-CH-00458

Originating Judge:William C. Koch
Court of Appeals 04/23/97
Michael Rasmussen, et. ux. vs. Mrot, Inc., et. al.

01A01-9611-CV-00517

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 04/23/97
John Kohl & Co., et. al. vs. Dearborn & Ewing

01A01-9609-CV-00421

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 04/23/97
Draper vs. Reaver, et. al.

01A01-9609-CV-00394
Court of Appeals 04/23/97
Darden vs. Stokes

01A01-9610-CH-00458

Originating Judge:Robert S. Brandt
Court of Appeals 04/23/97
National Loans, Inc. vs. TN. Dept. of Financial Institutions

01A01-9506-CH-00241

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 04/23/97
State vs. Julius Parker

02C01-9606-CR-00188

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 04/23/97
Stone Container Corporation v. Neil Griffith

03S01-9609-CV-00094
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, Stone Container Corporation, has perfected this appeal from a decision of the trial court to award the employee, Neil Griffith, 1% permanent partial disability benefits to the body as a whole. Temporary total disability benefits were paid until the employee returned to work during January, 1995, and the payment of medical expenses is also not an issue. The employer insists the evidence preponderates against a finding of permanent injury or disability. The short record contains the oral testimony of the employee, and the depositions of three orthopedic surgeons. Employee Griffith had worked for Stone Container Corporation for about twenty-five years when he sustained a work-related injury on November 28, 1994. On this day he was reaching down to pick up a heavy pallet when he felt pain across the top of his shoulder. The next morning he had pain in his left arm and was hospitalized a few days to determine if he was having or had a heart attack. Testing for this condition was negative and he was released. He first came under the care of Dr. Lester F. Littell III, who was one of the three designated physicians of the employer. He found he had sustained a work- related injury but was of the opinion it would eventually clear up. He found no permanent impairment and did not place any restrictions on the patient. Becoming dissatisfied with Dr. Littell, employee Griffith requested the company to furnish another physician for a second opinion. He was then seen by Dr. Neil H. Spitalny who found mild disc bulging at several levels as reported on a MRI report and said this was consistent with normal degenerative aging process of the cervical spine and discs. He was of the opinion there was no medical impairment. We do note his testimony indicates he saw him again on January 22, 1996, when he was still complaining of left shoulder pain and discomfort in the neck musculature. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. William L. Brown,
Knox County Workers Compensation Panel 04/23/97
Allstate Life Ins. vs. Barber, et. al.

01A01-9611-CH-00504

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 04/23/97
Janet Wolf & Gerald Bowker vs. Ned Ray McWherter

01A01-9505-CV-00209

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 04/23/97
Blue Cross Blue Shield vs. City of Lawrenceburg

01A01-9611-CV-00526

Originating Judge:William B. Cain
Lawrence County Court of Appeals 04/23/97
United Brake Systems vs. American Environmental Protection

01A01-9610-CH-00448

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 04/23/97