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| James E. Fleenor v. Grand Piano and Furniture Company
03S01-9905-CV-00061
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. Grand Piano and Furniture Company (hereafter "Grand Piano") has appealed an award to James E. Fleenor of 8 per cent disability to the body as a whole. The sole issue is whether the trial court erred in finding that Mr. Fleenor sustained a compensable injury. 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. Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). James E. Fleenor, age 47, has a 5th grade education. His tested I.Q. is 49 and he reads at a 2nd grade level and can do arithmetic at the 1st grade level. He began work at Grand Piano in 1995. He had worked as a furniture mover for most of his life. He drove a truck for Grand Piano and loaded and delivered furniture. He had hurt his back approximately 15 years before when a co-worker dropped the end of a couch; and while he had pain in his back for many years, he testified that the pain at Grand Piano became worse than the pain he had working for previous employers. He told his supervisor at Grand Piano that the work was "getting to me." He never had any specific incident at Grand Piano that caused sudden pain. He testified, "the more I worked, the more I picked up, the worser it got. And I just, I just had to give it up." 2
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. G. Richard Johnson |
Knox County | Workers Compensation Panel | 05/25/00 | |
| Rowe vs. Rowe
M1999-01535-COA-R3-CV
B. Rothstein and A. Rothstein , & as next of kin of Lisa G. Rothstein, Dec. vs. Orange Grove Center, Inc., and Christopher D. Prater, M.D.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 05/25/00 | |
| James Edwin Heathfield vs.Dina Rose Hawkins Heathfield
E1999-00604-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Polk County | Court of Appeals | 05/25/00 | |
| State of Tennessee v. Odus Eugene Long
98130-CCA-R3-CD
Originating Judge:J. O. Bond |
Jackson County | Court of Criminal Appeals | 05/25/00 | |
| William T. Taff vs. William B. Milton
E1999-01174-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Appeals | 05/25/00 | |
| Williams vs. Bell
M1999-02124-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 05/25/00 | |
| Madison, et al vs. Pickett Co. Bank & Trust
M1999-00003-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:John A. Turnbull |
Pickett County | Court of Appeals | 05/25/00 | |
| Rutherford vs. Campbell, et al
M1999-02789-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/25/00 | |
| Howard vs. Norwood
M1999-00838-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 05/25/00 | |
| Amonette vs. Amonette
M1999-01283-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 05/25/00 | |
| State vs. James R. Horn, Sr.
M1999-00301-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 05/25/00 | |
| Judith Trent Denton vs. Herbert Jackson Denton, Jr.
E1999-02713-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 05/25/00 | |
| State vs. Jumbo Kuri
M1999-00638-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 05/25/00 | |
| State vs. Michael E. Mills
M1999-00842-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 05/25/00 | |
| B. Rothstein and A. Rothstein , & as next of kin of Lisa G. Rothstein, Dec. vs. Orange Grove Center, Inc., and Christopher D. Prater, M.D.
E1999-00900-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 05/25/00 | |
| State vs. Karen Bandy
M1999-01870-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 05/25/00 | |
| Reeves vs. Granite State Ins. Co.
M1998-00286-SC-R11-CV
We accepted review in this case to determine whether the rights of Ed Reeves, the loss payee, were extinguished by cancellation of an automobile policy by the issuer, Granite State Insurance Co., where the cancellation had been occasioned by the insured's misrepresentation. The trial court found that the policy should be construed to require notice to the loss payee before cancellation could affect the loss payee, that any ambiguity should be resolved in favor of the loss payee, and that the loss occurred prior to the notice of cancellation of the policy. The Court of Appeals affirmed. We conclude that Granite State cannot extinguish the loss payee's interest because of acts or omissions of the insured except those enumerated in the loss payable clause, which is of the standard/union type. Accordingly, the judgment of the Court of Appeals is affirmed.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Jeffrey F. Stewart |
Grundy County | Supreme Court | 05/25/00 | |
| Brenda K. Bascko v. St. Paul Fire and Marine Insurance Company and A.J. Metler Hauling & Rigging Company, Inc.
03S01-9907-CV-00083
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 appellants, St. Paul Fire and Marine Insurance Company and A. J. Metler Hauling & Rigging Company, Inc., contend that the preponderance of the evidence does not support the trial court's finding that there was a causal connection between the fatal heart attack suffered by Richard I. Bascko and his driving a tractor-trailer rig. 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. Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). This case was tried upon stipulations and depositions of medical doctors. As relevant to this decision, the stipulations are as follows: 1. Richard I. Bascko died on October 15, 1993 while driving a tractor-trailer rig for A.J. Metler. The truck was found at 2:48 a.m. on October 15 and Mr. Bascko was unresponsive over the driver's wheel. 2
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. Ben W. Hooper |
Knox County | Workers Compensation Panel | 05/25/00 | |
| The Galleria Associates vs. Mogk, et al
M1999-00470-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/25/00 | |
| Johnston vs. Cowden
M1999-00962-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 05/25/00 | |
| State vs. Patrick Wingate
M1999-00624-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 05/25/00 | |
| Mary Johnson vs. Leboheur Children
W1999-01719-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 05/25/00 | |
| State vs. Robert Lee Day
E1999-01380-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/25/00 | |
| Dotson vs. Blake, et al
W1998-00710-SC-R11-CV
This is an appeal from the Circuit Court of Weakley County, which refused to permit the jury in a personal injury case to allocate fault to tortfeasors who successfully asserted a statute of repose defense. The Court of Appeals affirmed the trial court. We granted review to decide whether fault may be attributed to tortfeasors who cannot be held liable because of a statute of repose. After examining the record, considering the arguments of the parties, and analyzing the applicable law, we conclude that the courts below erred in not allowing fault to be assigned to the tortfeasors who successfully asserted a statute of repose to the claims against them. Accordingly, for the reasons explained hereafter, the lower courts are reversed.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:William B. Acree |
Weakley County | Supreme Court | 05/24/00 | |
| BVT Lebanon Shopping Cehter, Ltd. vs. Wal-Mart Stores, Inc., et al
M1997-00059-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Bobby H. Capers |
Wilson County | Supreme Court | 05/24/00 |