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| Terry E. McLeese, Jr., v. Tammy Lynn McLeese - Concurring
02A01-9605-CH-00130
Custody of the five-year-old son of these parties was awarded to the appellee-mother in a post-divorce hearing. The parties initially agreed upon joint custody. The father appeals, complaining essentially that the Chancellor relied too heavily on the tender years doctrine. We cannot substitute our judgment for that of the Chancellor, but are bound by the limitations imposed by TENN. R. APP. P., RULE 13(d). Unless the evidence preponderates against the judgment, we must affirm.
Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Walton West |
Henry County | Court of Appeals | 12/16/97 | |
| Bailey vs. State
03C01-9701-CR-00026
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 12/16/97 | |
| 03C01-9605-CR-00197
03C01-9605-CR-00197
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 12/16/97 | |
| State vs. Strickland
03C01-9611-CC-00427
|
Cocke County | Court of Criminal Appeals | 12/16/97 | |
| Jackson Bradley v. Loretto Casket Company, et al.
01S01-9701-CH-00016
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Bradley County | Workers Compensation Panel | 12/16/97 | |
| State vs. Brown
03C01-9505-CR-00139
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 12/16/97 | |
| State vs. Brown
03C01-9608-CR-00313
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 12/16/97 | |
| Mary Bain vs. Terrance Simpson
M2001-00088-COA-R3-CV
- This appeal involves a trial court's granting of a motion for remittitur following a jury's verdict of $19,790.00 in favor of the plaintiff. The suit arose from an automobile accident caused by defendant in which plaintiff's back was injured. The evidence at trial indicated that the injury was an aggravation of a preexisting condition that caused the plaintiff additional pain and suffering for a period of approximately six months. Based on our review of the evidence, we reverse the trial court's reduction of damages and reinstate the jury's verdict.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 12/16/97 | |
| Corso vs. Jones
03C01-9703-CR-00099
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 12/16/97 | |
| Craig Ring v. Ckr Industries, Inc., et al.
01S01-9702-CV-00031
This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, CKR Industries, Inc. and The Yasuda Fire & Marine Insurance Company of America, appeal the judgment of the trial court in finding the plaintiff, Craig Ring, sustained a compensable work-related injury and awarding permanent partial disability of twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court. The plaintiff, Craig Ring, was 26 years of age at the time of this trial. He has a GED, no specialized job training, and a prior history of factory production work. Plaintiff worked for defendant, CKR Industries for 4 years prior to Au gust 3, 1994 , when he reported an injury to his left index finger and arm. He operated a press or machine at that time which required repetitive movement of both arms. Dr. Mary Ellen Clinton, a board certified neurologist, examined and treated plaintiff after he had been seen and referred by numerous doctors. She gave various possible causes of plaintiff's problem, but stated his condition was not work-related. Plaintiff was seen by Dr. Richard Fishbein, a board certified orthopedic surgeon, for the purpose of an ind ependent me dical evaluation. Dr. Fishbein was of the opinion the plaintiff's condition was ulnar neuropathy caused by his repetitive work. He assessed a permanent partial impairment of fifteen percent (15%) to the left upper extremity and assigned work restrictions of no lifting of more than 2 pounds on a regular basis and n o more than 5 pounds on a very infrequent basis. Plaintiff testified he really did not know how or when he hurt his finger and arm, but they first became painful at wo rk on Augus t 3, 1994. At trial, he comp lained of constant pain in his left elbow and numbness in the tip of his left index finger. Because of his work restrictions, he has been transferred to a lighter job at less pay. Plaintiff has taken up go lf, built a deck on his house, and raced four wheelers since August, 1994. At trial, the parties stipulated the date of the injury, notice, all medical bills and temporary total disability payments had been paid, and the appropriate weekly compensation 2
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. J. Curtis Smith, |
Smith County | Workers Compensation Panel | 12/16/97 | |
| State vs. James Bingham, Jessie Baker, and Donald Patterson
01C01-9604-CC-00159
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 12/15/97 | |
| State vs. Dixon
03S01-9704-CR-00043
|
Supreme Court | 12/15/97 | ||
| State vs. Hall
03S01-9701-CR-00010
|
Hamilton County | Supreme Court | 12/15/97 | |
| State vs. Dixon
03S01-9704-CR-00043
|
Supreme Court | 12/15/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 12/15/97 | |
| State vs. Carl Saine
02C01-9710-CC-00399
|
Lauderdale County | Court of Criminal Appeals | 12/15/97 | |
| Smith v. Zurich
03S01-9701-CV-00004
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 alleged he had sustained permanent impairment as a result of an accident on November 8, 1994, while employed by the defendant. The trial judge dismissed the petition. We affirm the judgment. There is no dispute concerning the occurrence of an on-the-job accident which was a fall by the plaintiff. The only medical evidence in the case was the deposition of Dr. John H. Bell, an orthopedic surgeon. Dr. Bell found the plaintiff had suffered contusions and a sprain of his lower spine as a result of the fall. This was superimposed upon a pre- existing lumbosacral disc disease. Dr. Bell testified there was no anatomic evidence the disc disease was aggravated by the injury, and that the fall caused the pre-existing condition to become painful. Further, the plaintiff had told Dr. Bell he had a previous back pain episode, as well as intermittent back pain prior to the fall. Dr. Bell testified the plaintiff complained of pain but there was no anatomical change associated with the pain. Dr. Bell was of the opinion the back strain had healed. He further testified it is not uncommon for a person with an arthritic or a degenerative condition to be free of symptoms but that these conditions may become symptomatic as a result of an injury. Dr. Bell found the plaintiff had a 5 percent permanent medical impairment because of the condition of his back. Dr. Bell fixed restrictions upon the plaintiff. Dr. Bell testified, however, that he placed these restrictions upon the plaintiff because of the plaintiff's complaint of pain, which Dr. Bell associated with the pre- existing condition rather than the fall. The plaintiff presented lay testimony to support his contention that he was disabled. However, in all but the most obvious cases, there must be medical evidence to show an impairment exists, and its connection to the work injury. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Ben K. Wexler, |
Smith County | Workers Compensation Panel | 12/15/97 | |
| State vs. Hall
03S01-9701-CR-00010
|
Supreme Court | 12/15/97 | ||
| Henley vs. State
01S01-9703-CC-00056
Originating Judge:J. O. Bond |
Supreme Court | 12/15/97 | ||
| Henley vs. State
01S01-9703-CC-00056
|
Supreme Court | 12/15/97 | ||
| State vs. James Dantes
02C01-9705-CC-00184
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 12/15/97 | |
| Carter vs. State
03S01-9612-CR-00119
|
Greene County | Supreme Court | 12/15/97 | |
| Gregg vs. State
03C01-9705-CC-00188
|
Hamblen County | Court of Criminal Appeals | 12/12/97 | |
| Mulle vs. Yount
01A01-9704-CV-00161
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/12/97 | |
| Demontbreun vs. Demontbreun
01A01-9703-GS-00129
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 12/12/97 |