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| Robert Cunningham, Jr., et al,. vs. Shelton Security Service, Inc., et al.
M1998-00023-SC-WCM-CV
In this workers’ compensation case, the estate of the employee, Robert W. Cunningham, Sr., has appealed from a chancery court judgment dismissing a claim for death benefits filed against the employer, Shelton Security Service, Inc. The employee, who worked as a security guard for the employer, died of heart failure while performing his duties at a store. At the close of the employee’s proof, the trial court granted the employer’s motion to dismiss on the basis that the emotional stress experienced by the employee the night of his death was not extraordinary or unusual for a security guard. The Special Workers’ Compensation Appeals Panel, upon reference for findings of fact and conclusions of law, found that there was sufficient evidence of causation to warrant a trial and, thus, reversed the trial court’s dismissal. Thereafter, the employer filed a motion for full Court review of the Panel’s decision. We granted the motion for review to consider whether the trial court erred in dismissing the employee’s claim on the basis that his heart failure did not arise out of the employment because it was not caused by a mental or emotional stimulus of an unusual or abnormal nature, beyond what is typically encountered by one in his occupation. After carefully examining the record and considering the relevant authorities, we agree with the Panel and reverse the trial court’s judgment. Tenn. Code Ann. § 50-6-225(e); Findings of Fact and Conclusions of Law by the Special Workers’ Compensation Panel Affirmed; Judgment of the Trial Court Reversed and Case RemandedE. RILEY ANDERSON, C.J.,
Authoring Judge: Chief Justice E. Riley Anderson
Originating Judge:Chancellor Carol McCoy |
Davidson County | Supreme Court | 03/01/01 | |
| Betty Jeane Scott, v. Cumberland Health Care Center,Inc., d/b/a General Care Convalescent Center, et al.
M2000-00075-WC-R3-CV
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 trial court found the plaintiff had suffered an injury arising out of her employment with the defendant and awarded her thirty-five percent vocational disability to the body as a whole. Further, the trial court ordered the defendant to pay medical expenses incurred by the plaintiff as a result of the injury. The defendant argues the evidence does not support the finding of the trial court as to a compensable injury and the vocational disability, and claims the medical bills incurred by the plaintiff were not necessary 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 JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA III, J. and TOM E. GRAY, SP. J., joined. Jill A. Hanson, Nashville, Tennessee, for the appellants Cumberland Health Care Center, Inc., d/b/a General Care Convalescent Center and Legion Insurance Company. Stacy A. Turner, Clarksville, Tennessee, for the appellee, Betty Jeane Scott. OPINION The trial court found the plaintiff had suffered an injury arising out of her employment with the defendant and awarded her thirty-five percent vocational disability to the body as a whole. Further, the trial court ordered the defendant to pay medical expenses incurred by the plaintiff as a result of the injury. The defendant argues the evidence does not support the finding of the trial court as to a compensable injury and the vocational disability, and claims the medical bills incurred by the plaintiff were not necessary. Facts The plaintiff, forty-seven years of age at the time of trial, has a twelfth- grade education, and training as a certified nurses' aide. The plaintiff began working for the defendant in 1974. She left work for the defendant for a period of time but returned during the mid or later part of the 198's. On July 9, 1991, she fell while in the course of her work. She fell upon her left side and injured her lower back, left hip, cervical and thoracic spine and left shoulder. Medical Evidence The defendant first sent the plaintiff to Dr. David Gullet, the company doctor. Dr. Gullet referred the plaintiff to Dr. Steve McLaughlin, an orthopedic surgeon. Dr. McLaughlin entered into a course of treatment of the plaintiff on July 24, 1991. Dr. McLaughlin found the plaintiff had a pinching of the rotator cuff in her shoulder and an inflamation of the bursa over the left hip, which accounted for her left hip and left knee pain. Dr. McLaughlin opined these findings were caused by the fall the plaintiff had at work. Dr. McLaughlin saw the plaintiff again approximately ten days after the initial examination; she expressed complaints similar to those of the earlier visit. On August 26, 1991, Dr. McLaughlin saw the plaintiff and had an MRI done which showed some degenerative disease at the 4th and 5th lumbar vertebra and perhaps a mass in the pelvis. Dr. McLaughlin did not see the plaintiff again until May 3, 1996. She missed an appointment on September 9, 1991. Dr. McLaughlin saw the plaintiff on several occasions after the May appointment over the next few weeks. He found she was suffering from the same problems as she had in 1991. He was of the opinion that this was not unusual for the condition the plaintiff suffered in 1991. Dr. McLaughlin performed surgery upon the plaintiff's shoulder. Dr. McLaughlin was of the opinion the plaintiff had sustained a ten percent medical impairment to the upper extremity. The plaintiff wentto Dr. James D. Davis, a chiropractor, on December 13, 1993, complaining of the same symptoms about which Dr. McLaughlin testified. Dr. Davis' examination revealed similar findings as those of Dr. McLaughlin. He found the plaintiff had a five percent permanent medical impairment to the body as a whole. Dr. Richard Fishbein, an orthopaedic surgeon, evaluated the plaintiff in October of 1996. -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Carol Catalano, Chancellor |
Scott County | Workers Compensation Panel | 02/28/01 | |
| Mary Jarmakowicz, et al vs. Billy Suddarth, et al
M1998-00920-COA-R3-CV
This appeal arises out of a dispute over the purchase of Nationwide Travel Services, LLC. The jury found that the Sellers were still the owners of the agency and found for Buyers on the Sellers' claim for breach of contract. The jury found for Buyers on their claims of fraud and deceit, conversion and abuse of process and awarded compensatory damages. At the close of the proof, the trial court granted Sellers' motion for directed verdict on the issue of punitive damages. Later, the court denied Buyers' Motion for discretionary costs, and this appeal resulted. Buyers take issue with whether the trial court properly granted a directed verdict on punitive damages and whether the Court abused its discretion by denying discretionary costs. Sellers argue there was not sufficient evidence to support the jury's award on fraud and deceit, conversion and abuse of process. They also argue that the jury should have found for Sellers on the breach of contract claim. For the reasons below, we affirm the jury's award of compensatory damages and hold there was sufficient evidence to support the jury's determination of fraud and deceit, conversion, abuse of process and no breach of contract. Further, we affirm the trial Court's directed verdict on the issue of punitive damages. However, we vacate the denial of Buyers' motion for discretionary costs and remand for consideration consistent with this opinion.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 02/28/01 | |
| Brian Keith Smelley v. Dan Rawls, Individually And
26220-COA-R3-CV
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 02/28/01 | |
| Laura Mayshark Nichols v. Craig Alan Nichols
E1999-2825-COA-R3-CV
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 02/28/01 | |
| Mohamed F. Ali v. Howard Carlton,
E2000-02549-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:G. Richard Johnson |
Johnson County | Court of Appeals | 02/28/01 | |
| Peggy Birmingham v. Porter-Cable Corporation
W1999-00695-WC-R3-CV
The defendant, Porter-Cable Corporation, appeals the judgment of the Chancery Court of Madison County which awarded the plaintiff, Peggy Birmingham, permanent partial disability of sixty percent (6%) to the body as a whole. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 02/28/01 | |
| James Eakes v. Goodyear Tire & Rubber Company
W2000-00142-WC-R3-CV
In this appeal, the employee contends the evidence preponderates against the trial court's finding that the preponderance of the evidence fails to establish a causal connection between his injury and his employment. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:William Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 02/28/01 | |
| Elizabeth Doramus, et al vs. Rogers Group, Inc. and T.W. Comer
M1998-00918-COA-R3-CV
This appeal involves an intrafamily dispute over the use of a 498 acre farm. The conflict's seeds were sown nearly fifty years ago when the now-deceased owners conveyed the farm to a corporation and entered into a long-term lease which created successive leasehold tenancies for life for them, followed by their son, T. W. Comer. T. W. Comer's heirs at law were given the option to choose to become tenants upon his death. Years later, after T. W. Comer had become the tenant, he and Rogers Group, Inc., a mining company which had purchased the remainder interest in the farm, entered into an agreement involving the removal of limestone from the property. Mr. Comer's daughters and his granddaughters responded by commencing this action, seeking to prevent any mining on the property. After the daughters voluntarily dropped their claims, the trial court dismissed the complaint, and the granddaughters appealed. We affirm the trial court's ruling because we find that the granddaughters' interest is not sufficient to warrant an injunction against the lessor and the current lessee.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 02/28/01 | |
| Henry J. White, Jr. v. Howard Carlton, Warden
E2000-02246-CCA-R3-CD
The petitioner challenges the trial court's denial of his habeas corpus petition for failure to state a cognizable claim for relief. We affirm the denial of the petition.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert E. Cupp |
Johnson County | Court of Criminal Appeals | 02/27/01 | |
| John Fiser, et al vs. Town of Farragut
E1999-00425-COA-R3-CV
In this suit the Plaintiffs seek a declaratory judgment that a Zoning Ordinance of the Town of Farragut, which admittedly seeks to eliminate off-premises billboards, is invalid insofar as their property is concerned. The Trial Court found in favor of Farragut. We reverse.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 02/27/01 | |
| James Fraysier vs. Karen Fraysier
E2000-02485-COA-R3-CV
James Thomas Fraysier ("Husband") filed a complaint seeking a divorce from Karen Kay Singleton Fraysier ("Wife") on the grounds of inappropriate marital conduct or, in the alternative, irreconcilable differences. Wife filed an answer and counterclaim seeking a divorce on the same grounds. The parties agreed upon the distribution of the marital assets, which was approved by the Trial Court. The two issues to be decided at trial were who should be granted the divorce and whether Wife was entitled to alimony. The Trial Court determined that Husband was entitled to a divorce on the basis of inappropriate marital conduct and that Wife was entitled to rehabilitative alimony in the amount of $600.00 per month for a period of 48 months or until further order of the court. Both parties appeal the Trial Court's determination with regard to alimony. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 02/27/01 | |
| Jim Vines vs. David Gibson
E2000-02257-COA-R3-CV
In this breach of contract case, the defendant appeals from the trial court's refusal to grant a new trial or set aside an order favorable to the plaintiff. Because we find that the defendant did not receive advance notice of the hearing that led to the entry of the order, we vacate the order of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/27/01 | |
| Vickie Sherman vs. American Water Heater Co., Inc.
E2000-01389-COA-R3-CV
The Trial Court held release given by plaintiff barred plaintiff's claim for statutory indemnification. On appeal we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 02/27/01 | |
| William R. Clark v. Willamette Industries, Inc.
E1999-02693-WC-R3-CV
The dispositive issue is whether the evidence preponderantly proved that the condition of the plaintiff's right knee was causally related to a fall he suffered in March 1997. The expert proof was divergent, and the plaintiff's credibility was remarked by the trial judge.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:John S. Mclellan, III, Chancellor |
Knox County | Workers Compensation Panel | 02/27/01 | |
| Anthony M. Freeman v. State of Tennessee
W2000-02001-CCA-R3-CO
Petitioner, Anthony M. Freeman, appeals the dismissal of his petition seeking a writ of habeas corpus and/or post-conviction relief. We conclude the petition does not state a cognizable claim for habeas corpus relief, and the petition was filed beyond the statute of limitations for post-conviction relief. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 02/26/01 | |
| Robert Wilson, Jr. vs. Martha Wilson
E2000-01181-COA-R3-CV
In this post-divorce case, the trial court (1) denied the father's request to relocate to Georgia with the parties' minor child; (2) imposed sanctions for the father's perjury; and (3) changed the joint custody decreed at the time of the divorce to sole custody in the mother. On this appeal, the father argues (1) that the trial court erred in reversing its initial post-divorce decision pursuant to which the father had been permitted to relocate to Georgia; (2) that the trial court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction Act to make a custody determination; (3) that the trial court should have declined to exercise jurisdiction on the ground of inconvenient forum; (4) that the trial court erred in basing its change of custody upon the father's admittedly false testimony; (5) that the trial court's reversal of its prior decision to permit the father to relocate is barred by the doctrine of laches; (6) that the trial court erred in finding that father's contemptuous behavior was a proper basis for denying him an award of child support; and (7) that the trial court abused its discretion when it imposed sanctions for criminal contempt without providing the necessary procedural safeguards. We find that the trial court erred in dismissing Father's petition for child support. In all other respects, we affirm the judgment of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 02/26/01 | |
| State of Tennessee v. Jeffery Scott Shands
W2000-00006-CCA-R9-CD
The defendant, Jeffery S. Shands, challenges the trial court's order upholding the District Attorney General's denial of pretrial diversion for the charges of criminally negligent homicide and reckless driving. He contends that the District Attorney abused his discretion in failing to consider and weigh all of the relevant factors presented in the evidence. After a review of the record and the applicable law, we affirm the trial court's order denying pretrial diversion.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge John Franklin Murchison |
Madison County | Court of Criminal Appeals | 02/26/01 | |
| State of Tennessee v. David Plunk
W2000-00526-CCA-R3-CD
A Crockett County jury convicted the defendant of premeditated first degree murder, and the trial court sentenced him to life imprisonment. In this appeal as a matter of right, the defendant challenges (1) the introduction of statements he made to officers, and (2) the sufficiency of the evidence. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge L. Terry Lafferty |
Crockett County | Court of Criminal Appeals | 02/26/01 | |
| Stanley Blackwood vs. Patrick Martin & Hardee, Martin, Jaynes, Ivy
W2000-01573-COA-R3-CV
This is a legal malpractice case arising from an underlying criminal conviction. The plaintiff prisoner was convicted on twelve counts, including one count of first degree murder. The plaintiff sued the defendant attorneys for malpractice, alleging, inter alia, that the defendants negligently failed to conduct a thorough investigation and that, after the plaintiff terminated the defendants' services, the defendants improperly retained a portion of the retainer fee paid by the plaintiff for post-trial representation. The defendant attorneys filed a motion to dismiss and/or for summary judgment. The plaintiff then filed a motion seeking the appointment of a court-appointed expert, which was denied. The trial court subsequently granted the defendants' motion for summary judgment. The plaintiff now appeals. We affirm, finding that the trial court did not abuse its discretion in declining to appoint an expert and did not err in granting the defendants' motion for summary judgment.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Madison County | Court of Appeals | 02/23/01 | |
| M1999-02810-COA-R9-CV
M1999-02810-COA-R9-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 02/23/01 | |
| State of Tennessee v. Christopher Joseph Johnson
E2000-00300-CCA-R3-CD
The defendant appeals the trial court's dismissal of his motions seeking relief from the collection of litigation taxes and trial court costs. Because we have no jurisdiction to entertain a Rule 3 appeal, we dismiss the appeal.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 02/23/01 | |
| Susie Tackett, et al vs. Hulin Shepherd, et al
M1999-02333-COA-R3-CV
This case involves a two-vehicle accident between Defendant Jones Brothers Construction's truck and Plaintiff. The accident occurred on April 19, 1996, in Clarksville, Tennessee at the intersection of U.S. Highway 41-A North, also Fort Campbell Blvd, and Jack Miller Blvd. The Plaintiffs alleged that Defendant Hulin D. Shepherd ("Shepherd"), an employee of Jones Brothers Construction, was negligent by failing to yield when he exited a "private" road and entered onto a "public" highway. The Defendants denied that it was a "private" road, denied liability, and asserted comparative fault on the part of Plaintiff John Roe ("Roe"). At the trial in November 1999, Plaintiffs requested special jury instructions concerning "private" roads. The trial court rejected the special instructions. The jury returned a verdict of equal fault and the case was dismissed. The Plaintiffs timely appealed after Plaintiffs' motion for a new trial was denied. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 02/23/01 | |
| Robert Taylor vs. Michelle Taylor Bowers
E1999-01774-SC-R11-CV
We granted permission to appeal in this case to determine whether or not incarceration is an available sanction under Tennessee Rule of Civil Procedure 11. We conclude that incarceration is not an available sanction under Rule 11 and therefore vacate that portion the trial court's order imposing a jail sentence as a Rule 11 sanction. We remand this case to the trial court to consider whether a Rule 11 sanction is warranted, and if so, for imposition of an appropriate Rule 11 sanction.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:G. Richard Johnson |
Unicoi County | Supreme Court | 02/23/01 | |
| Rochelle Mcdonald v. Percy L. Jones
W2000-575-COA-R3-CV
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 02/23/01 |