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| 01A01-9511-CH-00501
01A01-9511-CH-00501
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/11/96 | |
| 02A01-9504-CH-00080
02A01-9504-CH-00080
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/11/96 | |
| 01A01-9601-CV-00038
01A01-9601-CV-00038
|
Court of Appeals | 09/11/96 | ||
| Anthony S. Hopson v. Protein Technologies
02S01-9603-CV-00027
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends only that the award of permanent partial disability benefits on the basis of fifty percent to the arm is excessive. The panels finds the award should be reduced to one based on thirty-five percent to the arm. The employee or claimant, Hopson, is forty-three with a high school education, one year of college and three years of military service as an aviation ordinance mechanic. On April 14, 1994, while working for Protein Technologies, he injured his left arm lifting a product weighing forty-four pounds. His doctor diagnosed lateral epicondylitis and acute olecranon bursitis, and prescribed injections, medication and physical therapy. The claimant reached maximum medical improvement on August 1, 1994, when the doctor assessed his permanent impairment at five percent to the left arm and released him to return to work with a weight lifting restriction of twenty pounds. The claimant first returned to light duty, then to a position earning as much as or more than before the injury. The trial judge awarded, among other things, permanent partial disability benefits based on fifty percent to the arm. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Once the causation and permanency of an injury have been established by expert testimony,the courts may consider many pertinent factors, including age, job skills, education, training, duration of disability, and job opportunities for the disabled, in addition to anatomical impairment, for the purpose of evaluating the extent of a claimant's permanent disability. Tenn. Code Ann. section 5-6-241(a)(2); McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995). From a consideration of the pertinent factors established by the proof in this case, the panel finds that the evidence preponderates against an award based on fifty percent to the arm and in favor of one based on thirty- five percent to the arm. The judgment of the trial court is modified accordingly, but otherwise affirmed. Costs on appeal are taxed to the plaintiff-appellee. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Anthony S. Hopson, |
Shelby County | Workers Compensation Panel | 09/11/96 | |
| Anthony S. Hopson v. Protein Technologies
02S01-9603-CV-00027
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends only that the award of permanent partial disability benefits on the basis of fifty percent to the arm is excessive. The panels finds the award should be reduced to one based on thirty-five percent to the arm. The employee or claimant, Hopson, is forty-three with a high school education, one year of college and three years of military service as an aviation ordinance mechanic. On April 14, 1994, while working for Protein Technologies, he injured his left arm lifting a product weighing forty-four pounds. His doctor diagnosed lateral epicondylitis and acute olecranon bursitis, and prescribed injections, medication and physical therapy. The claimant reached maximum medical improvement on August 1, 1994, when the doctor assessed his permanent impairment at five percent to the left arm and released him to return to work with a weight lifting restriction of twenty pounds. The claimant first returned to light duty, then to a position earning as much as or more than before the injury. The trial judge awarded, among other things, permanent partial disability benefits based on fifty percent to the arm. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Once the causation and permanency of an injury have been established by expert testimony,the courts may consider many pertinent factors, including age, job skills, education, training, duration of disability, and job opportunities for the disabled, in addition to anatomical impairment, for the purpose of evaluating the extent of a claimant's permanent disability. Tenn. Code Ann. section 5-6-241(a)(2); McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995). From a consideration of the pertinent factors established by the proof in this case, the panel finds that the evidence preponderates against an award based on fifty percent to the arm and in favor of one based on thirty- five percent to the arm. The judgment of the trial court is modified accordingly, but otherwise affirmed. Costs on appeal are taxed to the plaintiff-appellee. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Anthony S. Hopson, |
Shelby County | Workers Compensation Panel | 09/11/96 | |
| 01A01-9603-CH-00125
01A01-9603-CH-00125
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 09/11/96 | |
| Mark Anthony Parker v. National Surety Corporation
02S01-9601-CH-00004
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case the first employer appeals the ruling of the trial court that the injury occurred during his term of employment with the first employer. The trial court found no second injury after April 1 and awarded benefits against the first employer. The second issue is raised by Appellant to the awarding of 4% to each arm. We affirm the findings of the trial court. The Plaintiff's carpal tunnel symptoms began in the right hand "at the beginning of the 9's." (T. at 24). The left hand became symptomatic "a year or so later." (T. P. 25). His symptoms became worse with time. (T.P. 25). "Q. . . .(t)hat you went to the doctor finally when it got so bad that you couldn't stand it. Is that correct? A. Yes, ma'am." (T. P. 39). "Q. . . .(t)hat was while you were working for the first employer? A. Yes, ma'am." (T. P. 39). The Plaintiff had a conversation with the second employer's representative a few days before the second employer became responsible and reported a work related injury while working for the first employer. (T. P. 4). The complaint here was filed alleging a February 1994 injury. The second employer took over on April 1, 1994. The employee further testified that, "Q Activities caused you to experience pain in your hands? 1
Authoring Judge: Per Curiam
Originating Judge:Mark Anthony Parker |
Madison County | Workers Compensation Panel | 09/09/96 | |
| Charles E . Carey v. Carolina Freight Carriers
02S01-9506-CH-00050
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In its appeal, the employer contends that the evidence does not support the trial court's award of seventy percent (7%) to the lower extremity and that the trial court erred in computing the employee's average weekly wage at $273. instead of $22.21 per week. The panel concludes that the evidence preponderates against the trial court's assessment of permanent disability and modifies th e award to thirty-five percen t (35%) to the lower e xtremity. Prope rly computed, the employee's average weekly wage is $22.21 per week. Charles E. Carey ("Carey") was injured on December 27, 1991, when a bank vault weighing five hundred pounds fell off a fork lift and struck the front part of his left thigh. He was initially treated by Dr. R. Michael Cobb, an orthopedic surgeon, who suspected a torn ligament in Carey's knee. Dr. Cobb later concluded, however, that the ligament was not torn and that surgery was not needed. In February, 1992, Carey began to complain of numbness in his toes, although Dr. Cobb was unable to find any indication of injury to the sciatic nerve, which provides feeling to the toes. Carey was given a note to return to work on March 1, 1992. Upon examination on March 16, 1992, Carey's range of motion was excellent and his strength appeared to be normal. He advised Dr. Cobb that he was hav ing no pro blem at w ork. A ne rve cond uction study, pe rformed as a result of the c ompla ints of to e num bness, s howe d no sig n of inju ry to the sc iatic nerv e. Carey was given no permanent physical anatomical impairment and was discharged from Dr. Cobb's care on March 16, 1992. When he returned to work in March, Carey performed the same duties that 2
Authoring Judge: Janice M. Holder, Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 09/09/96 | |
| Charles M. Cary, Jr., v. Cathy Ann Cary
02S01-9505-CV-00035
Upon consideration of the appellant’s motion to amend the judgment to delete the award of attorney fees, the Court concludes that the motion is without merit and should be denied. It is so ORDERED.
Authoring Judge: Per Curiam
|
Jackson County | Supreme Court | 09/09/96 | |
| Mark Anthony Parker v. National Surety Corporation
02S01-9601-CH-00004
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case the first employer appeals the ruling of the trial court that the injury occurred during his term of employment with the first employer. The trial court found no second injury after April 1 and awarded benefits against the first employer. The second issue is raised by Appellant to the awarding of 4% to each arm. We affirm the findings of the trial court. The Plaintiff's carpal tunnel symptoms began in the right hand "at the beginning of the 9's." (T. at 24). The left hand became symptomatic "a year or so later." (T. P. 25). His symptoms became worse with time. (T.P. 25). "Q. . . .(t)hat you went to the doctor finally when it got so bad that you couldn't stand it. Is that correct? A. Yes, ma'am." (T. P. 39). "Q. . . .(t)hat was while you were working for the first employer? A. Yes, ma'am." (T. P. 39). The Plaintiff had a conversation with the second employer's representative a few days before the second employer became responsible and reported a work related injury while working for the first employer. (T. P. 4). The complaint here was filed alleging a February 1994 injury. The second employer took over on April 1, 1994. The employee further testified that, "Q Activities caused you to experience pain in your hands? 1
Authoring Judge: Per Curiam
Originating Judge:Mark Anthony Parker |
Madison County | Workers Compensation Panel | 09/09/96 | |
| State of Tennessee v. Richard Odom, A/K/A Otis Smith
02S01-9502-CR-00014
The State has requested a rehearing in this case. The Court has considered the petition and finds it to be without merit. The petition to rehear is denied. The Members of the Court adhere to the positions stated in the original Opinions in this cause. It is so ORDERED.
Authoring Judge: Per Curiam
|
Supreme Court | 09/09/96 | ||
| Charles E . Carey v. Carolina Freight Carriers
02S01-9506-CH-00050
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In its appeal, the employer contends that the evidence does not support the trial court's award of seventy percent (7%) to the lower extremity and that the trial court erred in computing the employee's average weekly wage at $273. instead of $22.21 per week. The panel concludes that the evidence preponderates against the trial court's assessment of permanent disability and modifies th e award to thirty-five percen t (35%) to the lower e xtremity. Prope rly computed, the employee's average weekly wage is $22.21 per week. Charles E. Carey ("Carey") was injured on December 27, 1991, when a bank vault weighing five hundred pounds fell off a fork lift and struck the front part of his left thigh. He was initially treated by Dr. R. Michael Cobb, an orthopedic surgeon, who suspected a torn ligament in Carey's knee. Dr. Cobb later concluded, however, that the ligament was not torn and that surgery was not needed. In February, 1992, Carey began to complain of numbness in his toes, although Dr. Cobb was unable to find any indication of injury to the sciatic nerve, which provides feeling to the toes. Carey was given a note to return to work on March 1, 1992. Upon examination on March 16, 1992, Carey's range of motion was excellent and his strength appeared to be normal. He advised Dr. Cobb that he was hav ing no pro blem at w ork. A ne rve cond uction study, pe rformed as a result of the c ompla ints of to e num bness, s howe d no sig n of inju ry to the sc iatic nerv e. Carey was given no permanent physical anatomical impairment and was discharged from Dr. Cobb's care on March 16, 1992. When he returned to work in March, Carey performed the same duties that 2
Authoring Judge: Janice M. Holder, Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 09/09/96 | |
| William Bland and Lena Bland, v. Allstate Insurance Company
02A01-9412-CV-00273
This is a suit brought by William Bland (Bland) against Allstate Insurance Company (Allstate) for breach of contract for failure to pay a claim under his homeowner’s insurance policy. At trial, the jury found for Bland and awarded him damages under the insurance contract for the loss of his home and its contents due to a fire. Allstate argued at trial that material misrepresentations on the application, as a matter of law, warranted Allstate’s decision to void Bland’s policy ab initio. Allstate appeals the denial of its motion for directed verdict and alleges error in a number of the jury instructions. We affirm the trial court.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Robert A. Lanier |
Shelby County | Court of Appeals | 09/09/96 | |
| Herman Davis and wife, Darnell Davis, v. Paul A. Hatcher, Sr., M.D.
03A01-9601-CV-00016
This malpractice action was dismissed on motion for summary judgment. It arose from a routine prostate resection which went awry, resulting in adverse consequences to the plaintiff. A device referred to as a resectoscope manufactured by the Circon ACMI Ohio Manufacturing Company,1 malfunctioned while being used by and under the control of the defendant, Dr. Paul Hatcher [hereafter, the “defendant”]. It is not disputed that a portion of the penis of the plaintiff, Herman Originating Judge:Senior Judge William H. Inman |
Knox County | Court of Appeals | 09/09/96 | |
| Jimmy Johnson v. WaUSAu Insurance Company
02S01-9601-CH-00008
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. Jimmy Johnson ("plaintiff") has appealed the trial court's dismissal of his suit for workers' compensation benefits on the grounds that plaintiff failed to prove that he sustained an injury arising out of and in the course and scope of his employment by preponderance of the evidence. Plaintiff was employed by Gurien Finishing Corporation ("Gurien"), who was insured by defendant, Wausau Insurance Company. For the foregoing reasons, we find no error and affirm. Plaintiff was employed at Gurien as a washer operator as part of Gurien's manufacturing process of stonewashed jeans. Plaintiff alleges that on August 1, 1993, he injured his lower back while pulling open a washer door that had been jammed with a rock. He stated that he did not report the injury at the time of the accident because it felt more like a cramp. When he woke up in pain the following morning, plaintiff testified that he reported the accident to his shift manager, Cindy Long. He stated that he advised Long that he hurt himself jerking on a washer door. Plaintiff was treated by his personal physician, Dr. Philip Sherman, on August 16, 1993. He gave Dr. Sherman a history of hurting his back while pulling machines at work. Plaintiff complained to Dr. Sherman of low back pain with some pain radiating into his legs, with the pain being worse in his left leg than his right. Dr. Sherman diagnosed pl aintiff as suffering from lumbosacral strain and prescribed pain medication. In November 1993 plaintiff returned to Dr. Sherman with compl aints of 2
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. William Michael Maloan |
Johnson County | Workers Compensation Panel | 09/09/96 | |
| John Ivory, Jr. v. Emerson Motor Company
02S01-9505-CH-00042
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn.Code Ann. _ 5-6-22 5(e)(2). The employee contends the trial court erred in: 1. Failing to assign perman ent partial disability to the right arm as opposed to the right hand; and 2. Limiting the award o f perman ent partial disab ility benefits to 55% to the right hand. We affirm the trial court in all respects. The plain tiff, John Ivo ry, Jr., ("Ivory") is 25 years o f age with an eleven th grade education. He received a G.E.D and successfully completed Job Corps training in brick masonry. His previous work experience included upholstering furniture, w orking as a construction laborer and as a produ ction line w orker at a chee se fa ctor y. On August 15, 1992, Ivory was repairing a die cast machine for Emerson Motor Company when the machine activated, injuring the fingers of his right hand. Ivory was treated by Dr. Frederick Torstrick, an orthopedic surgeon, for crush injuries to the index, long and ring fingers, fractures to the index and ring fingers, and longitudinal lacerations to the top and bottom of his hand. A later surgical procedure performed to improve movement required incisions in each of the injured fingers, the removal of adhesions between the tendon and underlying bone and cutting of some of the tissues of the capsule of the joints. Ivory was referred to a work ha rdening p rogram w here there w as some q uestion of h is coope ration. 2
Authoring Judge: Janice M. Holder, Special Judge
Originating Judge:Hon. George Ellis, |
Gibson County | Workers Compensation Panel | 09/09/96 | |
| Henry County Medical Center, v. Henry Gronski, M.D.
02A01-9412-CV-00279
This is a breach of contract action brought by Henry County Medical Center (HCMC) against Henry Gronski, M.D. (Gronski). In response, Gronski admitted the amounts owed to HCMC under the contract but claimed that he was owed a larger amount as set-off. The trial court awarded HCMC a judgment of $44,900.40 on the contract and awarded Gronski $56,204 as set-off. The court also ordered HCMC to pay Gronski's attorney's fees and accountant fees. HCMC appeals the court’s award of set-off to Gronski as well as the award of attorney’s and accountant fees. We affirm the trial court on all issues.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge C. Creed Mcginley |
Henry County | Court of Appeals | 09/09/96 | |
| Eldred L. Reid v. Jerry Stover and Charles Noles
02A01-9601-CV-00016
Plaintiff, Eldred Reid, is a prisoner currently incarcerated at the Northwest 2 Correctional Center in Tiptonville, Tennessee. Plaintiff brought this suit under 42 U.S.C. § 1983, alleging that various officials at the correctional center violated his constitutional rights.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joe G. Riley. Jr. |
Lake County | Court of Appeals | 09/09/96 | |
| Herman Davis and wife, Darnell Davis, v. Paul A. Hatcher, Sr., M.D.
03A01-9601-CV-00016
This malpractice action was dismissed on motion for summary judgment. It arose from a routine prostate resection which went awry, resulting in adverse consequences to the plaintiff. A device referred to as a resectoscope manufactured by the Circon ACMI Ohio Manufacturing Company,1 malfunctioned while being used by and under the control of the defendant, Dr. Paul Hatcher [hereafter, the “defendant”]. It is not disputed that a portion of the penis of the plaintiff, Herman Davis [hereafter, “plaintiff”], was either chemically, thermally or electrically burned away, with disastrous results unnecessary here to be recounted.
Authoring Judge: Senior Judge William H. Inman
|
Knox County | Court of Appeals | 09/09/96 | |
| Jimmy Johnson v. WaUSAu Insurance Company
02S01-9601-CH-00008
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. Jimmy Johnson ("plaintiff") has appealed the trial court's dismissal of his suit for workers' compensation benefits on the grounds that plaintiff failed to prove that he sustained an injury arising out of and in the course and scope of his employment by preponderance of the evidence. Plaintiff was employed by Gurien Finishing Corporation ("Gurien"), who was insured by defendant, Wausau Insurance Company. For the foregoing reasons, we find no error and affirm. Plaintiff was employed at Gurien as a washer operator as part of Gurien's manufacturing process of stonewashed jeans. Plaintiff alleges that on August 1, 1993, he injured his lower back while pulling open a washer door that had been jammed with a rock. He stated that he did not report the injury at the time of the accident because it felt more like a cramp. When he woke up in pain the following morning, plaintiff testified that he reported the accident to his shift manager, Cindy Long. He stated that he advised Long that he hurt himself jerking on a washer door. Plaintiff was treated by his personal physician, Dr. Philip Sherman, on August 16, 1993. He gave Dr. Sherman a history of hurting his back while pulling machines at work. Plaintiff complained to Dr. Sherman of low back pain with some pain radiating into his legs, with the pain being worse in his left leg than his right. Dr. Sherman diagnosed pl aintiff as suffering from lumbosacral strain and prescribed pain medication. In November 1993 plaintiff returned to Dr. Sherman with compl aints of 2
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. William Michael Maloan, |
Johnson County | Workers Compensation Panel | 09/09/96 | |
| Harold Wayne Gibson, and wife, Sylvia Gibson, v. Kit G. McGlothlin, D/B/A Kit McGlothlin Builders, Inc., et al.
03A01-9601-CH-00019
This is an action for damages for breach of a construction contract and of an implied warranty of good workmanship and materials and for negligent construction.
Authoring Judge: Senior Judge William H. Inman
|
Sullivan County | Court of Appeals | 09/09/96 | |
| John Ivory, Jr. v. Emerson Motor Company
02S01-9505-CH-00042
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn.Code Ann. _ 5-6-22 5(e)(2). The employee contends the trial court erred in: 1. Failing to assign perman ent partial disability to the right arm as opposed to the right hand; and 2. Limiting the award o f perman ent partial disab ility benefits to 55% to the right hand. We affirm the trial court in all respects. The plain tiff, John Ivo ry, Jr., ("Ivory") is 25 years o f age with an eleven th grade education. He received a G.E.D and successfully completed Job Corps training in brick masonry. His previous work experience included upholstering furniture, w orking as a construction laborer and as a produ ction line w orker at a chee se fa ctor y. On August 15, 1992, Ivory was repairing a die cast machine for Emerson Motor Company when the machine activated, injuring the fingers of his right hand. Ivory was treated by Dr. Frederick Torstrick, an orthopedic surgeon, for crush injuries to the index, long and ring fingers, fractures to the index and ring fingers, and longitudinal lacerations to the top and bottom of his hand. A later surgical procedure performed to improve movement required incisions in each of the injured fingers, the removal of adhesions between the tendon and underlying bone and cutting of some of the tissues of the capsule of the joints. Ivory was referred to a work ha rdening p rogram w here there w as some q uestion of h is coope ration. 2
Authoring Judge: Janice M. Holder, Special Judge
Originating Judge:Hon. George Ellis, |
Gibson County | Workers Compensation Panel | 09/09/96 | |
| State of Tennessee vs. Hans Vincent Morris
03C01-9406-CR-00218
The State has appealed from a ruling of the Criminal Court of Anderson County in which the trial court ruled that the Juvenile Court of Anderson County did not have jurisdiction to require a juvenile traffic offender to attend psychological counseling.
Authoring Judge: Special Judge Robert E. Burch
Originating Judge:Judge James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 09/09/96 | |
| State of Tennessee v. Gary Harris
03C01-9510-CC-00319
A jury found Gary Harris guilty of manufacturing marijuana in violation of Tennessee Code Annotated 39-17-417. Harris appeals and presents the following issues for our review: I. Whether the evidence is sufficient to sustain the conviction; and We affirm.
Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge Ben W. Hooper, II |
Grainger County | Court of Criminal Appeals | 09/06/96 | |
| Afsoon Vafaie (formerly) Jane Doe, v. Walter R. Owens, III and wife, Cheryl Roberts Owens
01A01-9510-CV-00472
In this case, Plaintiff-Appellant, Dr. Afsoon Vafaie Elmore, appeals the trial court’s grant of summary judgment to Defendant-Appellee, Dr. Walter R. Owens, III, with respect to Plaintiff’s claims against Dr. Owens for assault, malicious harassment and civil conspiracy. Plaintiff also appeals the trial court’s grant of summary judgment to Defendant-Appellee, Cheryl Roberts Owens as to Plaintiff’s claims against Mrs. Owens for assault, malicious harassment, outrageous conduct and civil conspiracy. Plaintiff further appeals certain evidentiary rulings made by the trial court during the course of Plaintiff’s jury trial against Dr. Owens in which the Plaintiff sought to recover damages for severe emotional distress, arising from the alleged outrageous conduct of Dr. JuOwens.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 09/06/96 |