| State of Tennessee v. James Dale Walker
E2002-00263-CCA-R3-CD
The Defendant, James Dale Walker, pled guilty to aggravated sexual exploitation of a minor, a Class C felony, and sexual exploitation of a minor, a Class E felony. Pursuant to the plea agreement, the Defendant received concurrent sentences of six years and two years, respectively, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied alternative sentencing and ordered the Defendant to serve his effective sentence of six years in the Department of Correction. It is from this order that the Defendant now appeals as of right. We reverse the trial court's order that the Defendant serve his sentences in total confinement and remand to the trial court for consideration of some form of alternative sentence.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/18/02 | |
| Daniel M. Johnson v. Schlegel Tennessee, Inc. A/K/A/ Btr
E2001-01570-WC-R3-CV
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 defendant appeals the trial judge's decision that the plaintiff has a permanent disability to the mental faculties which was caused by exposure to chemicals in the workplace. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed BYERS, SR.J., in which ANDERSON, J., and THAYER, SP.J., joined. F. R. Evans, Chattanooga, Tennessee, for the appellants, Schlegel Tennessee, Inc. a/k/a BTR Sealing Systems, North America Operations d/b/a BTR, Inc. and Cigna Property & Casualty. Rex A. Dale, Lenoir City, Tennessee, for the appellee, Daniel M. Johnson. MEMORANDUM OPINION 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 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). Facts The plaintiff was thirty years of age at the time of this trial. He had a twelfth grade education with no college, but was trained vocationally in the Army as a heavy weld mechanic. He began working for the defendants in May, 1991, as a mold operator producing automotive seals. In 1997 he began working as a coater operator, the position he held at the time of the chemical exposures alleged in this cause of action. The plaintiff's duties as coater operator required him to mix and pour toxic chemical coatings, prime, coat, and bake parts for automotive seals. During this process, the various chemicals that he mixed were fed into a reciprocating disk that spun the chemicals at high speed into an aerosol to coat the automotive seals which moved through the coater on a production line. The plaintiff alleges that fumes from this process were supposed to be vented out by an exhaust fan that did not work. When he told his supervisor that the fan did not work, the supervisor told him that it had not worked in quite a while. As a result, the plaintiff alleges, over spray from the spinning reciprocating disk landed outside the area of the coating operation and all around the floor in the area where he worked. The plaintiff alleges that on March 1, 1998, he started having allergic reactions to the chemicals to which he was being exposed at work. The effects of these reactions included rashes, chemical burns on his face, welts all over his body, discolored skin, and loss of motivation. He reported these problems to his supervisor and went to the emergency room for treatment of the symptoms. Over approximately the next eighteen months, as the plaintiff continued working, the symptoms appeared repeatedly and he continued to be treated for them. During this time the defendants paid some temporary total disability benefits when the plaintiff needed treatment and was unable to work. In addition to his physical symptoms, the plaintiff alleges that mental symptoms began to appear from his exposure to the chemicals at work. Several witnesses testified at trial that the plaintiff was emotionally upset, had lost weight, and was nervous and depressed following his exposure to the chemicals. Witnesses also described the plaintiff as panicky, anxious, and paranoid. The plaintiff testified that he now has memory and motivation problems as well as trouble sleeping due to anxiety. The plaintiff saw several different psychiatrists and psychologists for diagnosis and treatment of his mental problems that he alleges were caused by his chemical exposure in the workplace. The reports of these physicians led to the trial court's finding that the plaintiff suffers a psychological problem that was triggered byan initial allergic or toxic reaction that led to subsequent psychological events which resulted in a major depressive episode. -2-
Authoring Judge: Byers, Sr.J.
Originating Judge:Frank V. Williams, Chancellor |
Johnson County | Workers Compensation Panel | 10/18/02 | |
| Arlie Bingham vs. John Doles
W2002-00104-COA-R3-CV
This appeal arises from a boundary line dispute. The plaintiff filed suit against the defendant, an adjacent land owner, alleging that a proposed addition to the defendant's home would encroach onto the plaintiff's property. The trial court ruled that defendant had gained title to the disputed property under the doctrines of adverse possession and title by acquiescence. The plaintiff appealed challenging the court's ruling on adverse possession. For the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Hardin County | Court of Appeals | 10/17/02 | |
| John Carbino v. Portland Utility Const. Co., Llc,
M2001-01840-WC-R3-CV
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. In this appeal, the employer and its insurer question (1) the trial court's finding that the employee's aortic dissection was an injury by accident arising out of his employment and (2) the award of permanent partial disability benefits based on 85 percent to the body as a whole for the combined effects of that injury and a subsequent compensable back injury. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and JAMES L. WEATHERFORD, SR. J., joined. Bridgett A. Wohlpart, Brentwood, Tennessee, for the appellants, Portland Utility Construction Company, LLC, and Travelers Property Casualty Corporation Lucius P. Hawes, Jr., Hopkinsville, Kentucky, for the appellee, John Carbino MEMORANDUM OPINION The employee or claimant, John Carbino, initiated this civil action on September 17, 1999 to recover workers' compensation benefits for two separate allegedly work related injuries. The first injury is alleged to have occurred on January 26, 1998, the second on June 23, 1999. On July 3, 21, after an earlier trial on the merits, the trial court awarded, among other things, permanent partial disability benefits on the basis of 85 percent to the body as a whole. The employer, Portland Utility Construction Company, and its insurance carrier, Travelers, have appealed. For injuries occurring on or after July 1, 1985, 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. _ 5-6-225(e)(2) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Carol Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 10/17/02 | |
| Jackie Reynolds vs. Tammy Battles
W2002-00031-COA-R3-CV
This is an appeal from on order denying a Tenn. R. Civ. P. 60.02 motion to set aside a default judgment entered in favor of the plaintiffs for $1,200,000. We vacate the order of the trial court and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Appeals | 10/16/02 | |
| Anna Lamb v. State
M1998-00910-COA-R12-CV
This appeal stems from a mother's allegations that her mentally impaired daughter was sexually abused while in the custody of the Alvin C. York Agricultural Institute. The mother filed a claim on her daughter's behalf with the Division of Claims seeking $300,000 in damages. The claim was transferred to the Tennessee Claims Commission where, following a hearing, a Commissioner dismissed the claim because the mother had failed to establish that her daughter had been sexually abused while she was in the State's custody. The mother asserts on this appeal that the evidence preponderates against the Commissioner's findings. We affirm the Commissioner's dismissal of the claim.
Authoring Judge: Judge William C. Koch, Jr.
|
Court of Appeals | 10/16/02 | ||
| State v. Michael Pate
M2001-00076-COA-R7-CV
This case originated in the Juvenile Court of Dickson County, Tennessee and was appealed to the circuit court pursuant to Tennessee Code Annotated section 37-1-159(a). Michael Pate appeals the action of the circuit court adopting the juvenile court action with slight modifications. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 10/16/02 | |
| 2000-00161-COA-R3-CV
2000-00161-COA-R3-CV
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/16/02 | |
| Bruce Martin vs. Beverly Martin
W2002-00819-COA-R3-CV
This is a divorce case. Prior to their marriage, the husband and the wife executed a prenuptial agreement. The agreement stated that upon divorce, if jointly-held property were sold, each party would be credited his or her share of separate property contributed to the purchase of the jointly-held property, with the remaining funds divided according to each party's ownership share. After the parties married, they purchased land with the intention of converting it into a catfish farm. The husband and the wife both contributed financially towards the purchase of the land. Both parties worked full time. The husband used his machinery that he owned separately and expended labor to convert the land to a catfish farm. The wife maintained their home. The parties divorced. At the divorce hearing, the husband argued that, under the terms of the prenuptial agreement, he should be credited for his labor and the use of his heavy machinery to improve the farm land. The trial court declined to do so, and credited the husband and the wife with their respective financial contributions. The parties' personal property was divided equally. The husband appeals, arguing that he should have been credited for his labor and the use of his heavy machinery, and also disputing the division of the personal property. The wife asserts that she should have received a larger percentage of the proceeds from the sale of the property. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Benton County | Court of Appeals | 10/16/02 | |
| Jesse E. Rogers v. State of Tennessee
E2001-02869-CCA-R3-PC
The petitioner, Jesse E. Rogers, entered "best interest" guilty pleas to five counts of rape of a child. He was sentenced to twenty-five years incarceration in the Tennessee Department of Correction for each offense, with the sentences to be served concurrently. The petitioner subsequently filed for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief and the petitioner timely appealed. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge James Edward Beckner |
Hawkins County | Court of Criminal Appeals | 10/16/02 | |
| Ginnie Leach vs. Tim Taylor
W2002-01091-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Appeals | 10/16/02 | |
| Ginnie Leach vs. Tim Taylor
W2002-01091-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Appeals | 10/16/02 | |
| Henry Kerr v. Earl Lemoine
M2001-00986-COA-R3-CV
Appellant judgment creditor appeals from the action of the trial court in post-judgment proceedings allowing installment payments of the underlying judgment. The record before the Court is inadequate for appellate review, and acting within our discretion, we remand the case to the trial court for further proceedings.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/16/02 | |
| CH-02-0287-3
CH-02-0287-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/16/02 | |
| Michael A. Maddox v. State of Tennessee
M2002-00282-CCA-R3-PC
The Petitioner was found guilty by a jury of five counts of sexual battery by an authority figure, a Class C felony, and two counts of aggravated sexual battery, a Class B felony. The trial court sentenced the Petitioner to an effective sixteen-year term. This Court affirmed the Petitioner's conviction and sentence on direct appeal. The Petitioner then filed a petition for post-conviction relief, which the post-conviction court denied. The Petitioner now appeals the denial of post-conviction relief, arguing that his counsel at trial was ineffective. Finding no error, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 10/16/02 | |
| Judy Rodriguez v. Metro Gov't. of Nashville
M2001-02500-COA-R3-CV
Municipal employee filed a petition for review of civil service commission order terminating her employment. The chancery court affirmed the order of the commission, finding that the record contained substantial and material evidence to support the termination. The employee has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/16/02 | |
| Helen Hall vs. James Hall
W2002-00786-COA-R3-CV
Plaintiff-wife sued defendant husband for a divorce on the grounds of inappropriate marital conduct and irreconcilable differences. After a nonjury trial, a divorce was awarded to wife and she was awarded alimony in futuro and part of her attorney fees. Husband has appealed the award of in futuro alimony. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 10/16/02 | |
| State of Tennessee v. Timothy Wayne Grimes
M2001-01460-CCA-R3-CD
A Dickson County Circuit Court jury convicted the defendant, Timothy Wayne Grimes, of possession of a Schedule IV controlled substance with intent to deliver, a Class D felony, and the trial court sentenced him as a Range III, persistent offender to eight years in a community corrections program. The defendant appeals, claiming that the trial court erred by failing to instruct the jury as to the lesser included offenses of simple possession and casual exchange. We conclude that the trial court erred by failing to instruct the jury regarding simple possession of the controlled substance. Although we hold that casual exchange is not a lesser included offense of possession with intent to deliver, we also conclude that the trial court should have instructed the jury regarding the casual exchange inference provided in Tenn. Code Ann. § 39-17-419. We reverse the judgment of conviction and remand the case for a new trial.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert Burch |
Dickson County | Court of Criminal Appeals | 10/16/02 | |
| State of Tennessee v. Gregory Key
M2002-00154-CCA-R9-CD
Defendant, Gregory Key, was indicted by the Rutherford County Grand Jury on two counts of aggravated sexual battery. During a hearing on several pretrial motions, defense counsel, Darrell Scarlett, advised the trial court of a joint business venture between himself and Detective Lawson, an investigating officer in the case. The court entered an Order disqualifying Defendant's attorney from further representation, finding that the relationship constituted an appearance of impropriety. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, Defendant appeals the trial court's disqualification of his attorney and argues that he waived any conflict or appearance of impropriety after full disclosure.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 10/15/02 | |
| James E. Swiggett v. State of Tennessee
E2002-00174-CCA-R3-PC
The Defendant, James E. Swiggett, was convicted by a jury in 1992 of first degree premeditated murder. His conviction was affirmed on direct appeal. See State v. James Swiggett, No. 03C01-9209-CR-00312, 1994 Tenn. Crim. App. LEXIS 766 (Knoxville, Nov. 23, 1994), perm. appeal den. (Tenn. 1995). The Defendant subsequently filed for post-conviction relief, which petition was denied by the trial court as barred by the statute of limitations. This ruling was affirmed on direct appeal. See James E. Swiggett v. State, No. 03C01-9804-CR-00161, 1999 Tenn. Crim. App. LEXIS 422 (Knoxville, May 4, 1999), perm. appeal den. (Tenn. 1999). The Defendant then filed the instant petition for post-conviction relief, claiming grounds for tolling the statute of limitations. The trial court summarily dismissed the instant petition on the grounds that a prior petition had already been filed. This appeal followed. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge James E. Beckner |
Greene County | Court of Criminal Appeals | 10/15/02 | |
| State of Tennessee v. Nelson Edward Meeks
M2001-03108-CCA-R3-CD
Nelson Edward Meeks appeals the sentence imposed for three convictions for third offense driving under the influence, reckless driving, and driving on a revoked license. He claims that the lower court erred in (1) failing to consider the statutory sentencing principles and considerations, and (2) imposing a sentence not authorized by law. Because we disagree in both respects, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Thomas W. Graham |
Marion County | Court of Criminal Appeals | 10/15/02 | |
| Mid-America Apt. Communities vs. Country Walk
W2002-00032-COA-R3-CV
Plaintiff filed suit for damages to ponds on its property caused by silt flowing from upstream property under development by Defendants. The trial court found that the suit was timed barred by the three year statute of limitations applicable to causes of actions for injuries to property and accordingly entered judgment in favor of the defendants. We reverse and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/15/02 | |
| Robert Stephenson vs. Mary Stephenson
W2002-01064-COA-R3-CV
This appeal involves a will contest. The trial court found the testator to be competent at the time the will was executed and held that the will was the "complete, whole, true and valid Last Will and Testament" of the testator. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 10/15/02 | |
| State of Tennessee v. Marquez Winters
W2001-00740-CCA-R3-CD
The Shelby County Grand Jury indicted the Defendant for two counts of especially aggravated kidnapping and for one count of criminal attempt to commit first degree murder. The Defendant was subsequently convicted of one count of aggravated kidnapping and of one count of criminal attempt to commit first degree murder. The trial court sentenced the Defendant to consecutive maximum sentences totaling thirty-seven years. The Defendant now appeals his sentences, arguing that the trial court erred in its application of enhancement factors, that the trial court improperly imposed maximum sentences for both convictions, and that the trial court erred in ordering the sentences to be served consecutively. Although the trial court erred in its application of certain enhancement factors, we conclude that it properly considered other enhancement factors which warranted sentencing the Defendant to consecutive maximum terms. Therefore, we affirm the sentences imposed by the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 10/15/02 | |
| Lafayette Romine Sr./Debra Romine vs. Julia Fernandez & Johnathan Isom
W2002-00703-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 10/15/02 |
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