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| Kenneth Rudstrom, et al vs. Ronald Terry Construction
02A01-9605-PB-00098
Originating Judge:Leonard D. Pierotti |
Shelby County | Court of Appeals | 11/14/97 | |
| Holloway vs. Collier, Jr.
01A01-9704-CV-00153
Originating Judge:William B. Cain |
Maury County | Court of Appeals | 11/14/97 | |
| City of Memphis vs. Civil serv. Comm., et al
02A01-9607-CH-00158
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 11/14/97 | |
| State vs. Robbie James
01C01-9609-CR-00388
|
Davidson County | Court of Criminal Appeals | 11/14/97 | |
| American Color vs. Innovo
01A01-9703-CH-00120
Originating Judge:William C. Koch |
Court of Appeals | 11/14/97 | ||
| Thomas v. White
01A01-9610-CH-00479
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/14/97 | |
| Mississippi Farm Mutual vs. Latonia & Thomas Jones
02A01-9607-CV-00151
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/14/97 | |
| 01C01-9612-CC-00517
01C01-9612-CC-00517
|
Williamson County | Court of Criminal Appeals | 11/14/97 | |
| Christopher S. Baker v. Middle Tn. Acoustics, Inc., et al.
01S01-9702-CH-00035
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The plaintiff/appellant, Christopher Steven Baker, appeals from the trial court's decision holding that he failed to prove that he sustained an injury while working for the defendant/appellee, Middle Tennessee Acoustic, Inc. The outcome of the case hinges primarily on a determination of the plaintiff's credibility. While our review is de novo, it is accompanied by a presumption of the correctness of the trial court's findings. Moreover, when the trial court has made a decision that hinges upon the credibility of the witnesses, it will not be disturbed on appeal unless there is in the record clear, concrete, and convincing evidence to the contrary. And, too, considerable difference is to be accorded the trial court where issues of credibility and weight of oral testimony are involved. Townsend v. State, 826 S.W.2d 434, 437 (Tenn. 1992), Airline Construction, Inc. v. Barr, 87 S.W.2d 247, 264 (Tenn. App. 199). The record is filled with contradictory and conflicting evidence regarding whether the plaintiff injured himself as he claims. The plaintiff, at trial, testified that he injured himself on Friday, June 2, 1995. Yet he alleges in his complaint that the injury was on June 5, a Monday. Records from Nashville's General Hospital reflect that he once gave June 3 as the date of his injury and later gave June 5 as the date. The plaintiff told Dr. David Gaw it was June 5. Confusion over the exact date of an injury is not unusual and failure for a worker to recall the exact date or recalling an incorrect date is usually immaterial to the outcome of the case. But the plaintiff himself emphasizes the exact date. It is important for him to prove it happened on a Friday. Wallace Harris, owner of the employer corporation, testified that the plaintiff told him he, the plaintiff, hurt himself while moving. This, of course, directly contradicts the plaintiff's testimony. But it also sheds some light on why the June 2 date surfaced at trail. By proving that he hurt himself on a Friday, the plaintiff proves that he did not hurt himself over the weekend when he moved. Ronnie Stroud was working with the plaintiff when the plaintiff says he injured himself. The plaintiff testified he told Stroud he hurt his back and that the two of them finished the work day with Stroud doing the overhead work with the plaintiff handing Stroud the materials. Stroud testified at trial that the plaintiff never complained about being hurt and that he, Stroud, never observed the plaintiff being hurt. The plaintiff had a previous work-related back injury. He denies that it was bothering him before June 2 or June 5, 1995. Yet he was scheduled for a Social Security disability examination with Dr. Gaw before June 2 or June 5. If he had no manifestation of disability - 2 -
Authoring Judge: Robe R T S. Br Andt , Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Davidson County | Workers Compensation Panel | 11/14/97 | |
| William Boyle vs. Virginia Thomas
02A01-9601-CV-00022
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 11/14/97 | |
| Susie Buchanan vs. Memphis Light, etc.
02A01-9610-CV-00245
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 11/14/97 | |
| 01C01-9612-CC-00519
01C01-9612-CC-00519
|
Williamson County | Court of Criminal Appeals | 11/14/97 | |
| State vs. Michael Ware
02C01-9610-CR-00354
|
Shelby County | Court of Criminal Appeals | 11/14/97 | |
| 03A01-9704-CV-00111
03A01-9704-CV-00111
|
Hamilton County | Supreme Court | 11/14/97 | |
| Fetterolf vs. Fetterolf
01A01-9704-JV-00171
Originating Judge:John P. Hudson |
Putnam County | Court of Appeals | 11/14/97 | |
| Kitsie Hendrix vs. James Cox, et al
02A01-9510-CV-00233
Originating Judge:Wyeth Chandler |
Shelby County | Court of Appeals | 11/14/97 | |
| Wolf vs. The University of TN.
01A01-9611-CH-00514
Originating Judge:William M. Dender |
Franklin County | Court of Appeals | 11/14/97 | |
| 03A01-9704-CV-00111
03A01-9704-CV-00111
|
Hamilton County | Court of Appeals | 11/14/97 | |
| State of Tennessee Department of Human Services, v. Sylvia Fetterolf Ford, and Stanley Fetterolf
01A01-9704-JV-00171
This is an appeal by respondents/appellants, Stanley Fetterolf and Sylvia Fetterolf Ford, from a decision of the Putnam County Juvenile Court terminating their parental rights. Ms. Ford argues petitioner/appellee, State of Tennessee Department of Human Services (“Department”), filed its petition for termination of parental rights in the wrong court and contends the proper venue was the Overton County Juvenile Court which had handled the initial custody proceedings.1 The pertinent facts are as follows.
Authoring Judge: Judge Walter W. Bussart
Originating Judge:Judge John Hudson |
Putnam County | Court of Appeals | 11/14/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Jefferson County | Court of Appeals | 11/13/97 | |
| State vs. Nassel Brown
02C01-9606-CR-00187
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 11/13/97 | |
| Willie M. Nutt v. Angelica Uniform Group
01S01-9609-CH-00195
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 plaintiff, Willie M. Nutt, appeals the judgment of the trial court in dismissing her complaint as being barred by the statute of limitations. For the reasons stated in this opinion, we affirm the judgment of the trial court. Willie M. Nutt worked for the defendant, Angelica Uniform Group, from 1982 to 1989 when she quit due to pain in her shoulders and back. She then worked for Tennessee River for several months, but again had to quit due to the physical inability to do her job. In November 1989, she was advised by Dr. Howard Fuchs that her shoulder problems were work- related. With the encouragement of the plant manager, and the assurance of light duty, Ms. Nutt returned to work for Angelica Uniform in July, 199. She was able to handle small parts for a few days, but her shoulder symptoms returned when she was assigned to heavier work. She was terminated because she was unable to perform her job. Plaintiff filed suit on January 28, 1991, and alleged on or about July 31, 199, she became aware she had suffered an injury to her shoulders. The defendant answered and pled the statute of limitations as a defense. After a trial on October 2, 1994, the trial court took the matter under advisement and entered judgment on December 16, 1994, dismissing plaintiff's cause of action. The trial court found: The shoulder problems suffered by Ms. Nutt, however, were long standing problems and were not caused by a work-related injury during her brief period of employment at Angelica's plant in July of 199. The Court further finds that Ms. Nutt was aware of her shoulder problems and aware that those shoulder problems were work related several years before the complaint in this action filed. The statute of limitations applicable to her claims, therefore, expired prior to the filing of this action on January 28, 1991, and Ms. Nutt's action was untimely and barred by the statute of limitations. The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tennessee Code Annotated _ 5-6-225(e)(2). Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference 2
Authoring Judge: W. Michael Maloan, Special Judge
Originating Judge:Hon. William B. Cain |
Wayne County | Workers Compensation Panel | 11/13/97 | |
| State vs. David Hassell
02C01-9611-CR-00396
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 11/13/97 | |
| Stat e vs. Michael Moore
02C01-9705-CR-00180
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 11/13/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Morgan County | Court of Appeals | 11/13/97 |