Rebecca J. Amell, By Next of Kin Marvin H. Amell v. Liberty Mutual Insurance Co.
03S01-9905-CV-00056
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. Liberty Mutual Insurance Co. (hereafter "Liberty Mutual") appeals an award of workers' compensation death benefits to the surviving spouse of an employee killed in the course and scope of her employment. The trial court, acting on a motion for summary judgment, made an award of $77,196 to be paid at the rate of $144.75 per week to the surviving spouse, who was the only dependent of the employee. Liberty Mutual contends that the maximum award to the surviving spouse with no other dependents is limited to $57,9 (4 weeks x $144.75). We affirm the judgment of the trial court. Appeal from a summary judgment order in a workers' compensation case is not controlled by the standard of review provided by T.C.A. _ 5-6-225, but by Rule 56, T.R.C.P. Downen v. Allstate Ins. Co., 811 S..W.2d 523 (Tenn.1991). Where, as in this case, the facts are not in dispute, "the question on appeal is one of law, and our scope of review is de novo with no presumption of correctness accompanying" the trial court's conclusions. Union Carbide Corp. v Huddleston, 854 S.W. 2d 87, 91 (Tenn. 1993); Smith v. Norris, 218 Tenn. 329, 43 S.W.2d 37 (1966). On March 27, 1998, Rebecca J. Amell sustained fatal injuries in the course and scope of her employment with Arrow Factory Store in Pigeon Forge, Tennessee. She was survived by Marvin H. Amell, her spouse. Her average weekly wage was $289.49 generating a workers' compensation rate of $192.99. The maximum weekly benefit on March 27, 1998, as defined by T.C.A. _ 5-6-12(7)(a), was $492. Liberty Mutual asserts that T.C.A. _ 5-6-21(e)(1) limits the benefits payable to a surviving spouse with no dependent child to one-half of the employee's average weekly wage for 4 weeks. It cites Spencer v. Towson Moving & Storage, Inc., 922 S.W.2d 58 (Tenn. 1996) as limiting the benefits to 4 weeks, and Schultz v. Majik Market, a Div. of 2
Authoring Judge: Peoples, H.N., Sp. J.
Originating Judge:Hon. Rex Henry Ogle |
Knox County | Workers Compensation Panel | 05/03/00 | |
State of Tennessee v. Carlos C. Beasley
W1999-00426-CCA-R3-CD
The appellant, Carlos C. Beasley, referred herein as “the defendant,” appeals as of right from a conviction for especially aggravated robbery by a Shelby County jury. The same jury found the defendant guilty of voluntary manslaughter, from which the defendant does not appeal. The Shelby County Criminal Court imposed a sentence of twenty-five (25) years for especially aggravated robbery in the Department of Correction. The defendant presents two appellate issues: 1) whether the evidence is sufficient for a rational trier of fact to find that every element of especially aggravated robbery has been proven beyond a reasonable doubt; and 2) whether the record shows that the trial court in its capacity as thirteenth (13th) juror failed to independently weigh the evidence upon consideration of the motion for a new trial.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/02/00 | |
Venessa Lynn Totty v. Michael Alan Totty
W1999-02426-COA-R3-CV
This appeal involves a dispute regarding a final decree of divorce entered in the Shelby County
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Kay S. Robilio |
Shelby County | Court of Appeals | 05/02/00 | |
State of Tennessee v. Leon Goins
W1999-00157-CCA-R3-CD
A jury found the defendant guilty of selling 0.5 grams of cocaine, a Schedule II controlled substance. He received a 15 year sentence as a Range II offender, consecutive to a prior felony. The defendant asserts error in allowing the state’s expert witness to testify to the aggregate weight of cocaine sold, when the witness did not test every particle of the submitted evidence. The defendant further asserts error in the trial court’s admitting a video tape of the sale and in the trial court’s sentencing. The judgment from the trial court is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Russell Lee Moore, Jr. |
Dyer County | Court of Criminal Appeals | 05/02/00 | |
State of Tennessee v. Roy D. Nelson
E1997-00021-SC-R11-CD
This is an appeal from the Criminal Court for Washington County which convicted the
Authoring Judge: Justice William M. Barker
Originating Judge:Judge Lynn W. Brown |
Knox County | Supreme Court | 05/02/00 | |
Donald E. Griffin v. Shelter Mutual Insurance Company
M1997-00042-SC-R11-CV
The appellant, Donald E. Griffin, brought suit seeking damages for injuries he sustained when his vehicle was struck from the rear in Maury County by a car driven by Richard Vaughn. After obtaining a judgment against Vaughn in the amount of $225,000, Griffin learned that Vaughn had only $50,000 of liability insurance coverage. Griffin then requested that his uninsured motorist carrier, the appellee Shelter Mutual Insurance Company (“Shelter”), pay the remainder of the judgment up to its policy limit of $100,000. When Shelter refused the claim, Griffin brought this action against Shelter in the Chancery Court for Davidson County. The Chancellor granted summary judgment to Shelter, finding that Griffin had failed to comply with the notice provisions of the insurance policy and with the service provisions of Tenn. Code Ann. § 56-7-1206(a). The Court of Appeals agreed that Griffin had failed to comply with the service provisions of Tenn. Code Ann. § 56-7-1206(a) and thus affirmed the grant of summary judgment in favor of Shelter. This Court thereafter granted Griffin’s application for permission to appeal. Tenn. R. App. P. 11 Appeal by Permission from the Court of Appeals to the Supreme Court; Judgment of the Court of Appeals Affirmed DROWOTA, J.,
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Supreme Court | 05/01/00 | |
Kenneth L. Storey v. Randall E. Nichols, et al.
E1998-00851-SC-R3-CV
The dispositive issue in this case is whether an appeal as of right from a trial court’s judgment in an attorney-disciplinary proceeding initiated pursuant to Tenn. Code Ann. §§ 23-3-201–2041 lies in the Court of Appeals or in the Supreme Court. Because we hold that jurisdiction over an appeal as of right in a statutory disciplinary proceeding lies in the Court of Appeals, we reverse the intermediate appellate court’s order transferring the case to the Supreme Court, and we transfer the case to the Court of Appeals for its review on the merits. Tenn. R. App. P. 3; Transfer Order of the Court of Appeals Reversed; Case Transferred to Court of Appeals
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor David H. Cate |
Knox County | Supreme Court | 05/01/00 | |
Jabari Mandela vs. Jim Rose, et al
M1999-02552-COA-R3-CV
The trial court summarily dismissed the plaintiff pro se prisoner's complaint for lack of jurisdiction before service of process was had or response filed. Based on the record before us, we reverse.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Stella L. Hargrove |
Wayne County | Court of Appeals | 04/28/00 | |
Groner vs. On-Site Grading
E1999-00219-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 04/28/00 | |
Beaman Pontiac vs. Gill
M1999-00666-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 04/28/00 | |
Trebing vs. Fleming Companies
M1999-00473-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/28/00 | |
Lewis vs. Caputo
E1999-01182-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 04/28/00 | |
Brown vs. Bd. of Professional Responsibility
E1999-02636-SC-R3-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Howell N. Peoples |
Hamilton County | Supreme Court | 04/28/00 | |
Penny Sue Mincy v. Charles David Mincy, Sr.
E1999-02304-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 04/28/00 | |
Clifford Taylor vs. State, et al
M1999-02418-COA-R3-CV
An inmate of the Tennessee Department of Correction sought a declaratory judgment that the Department had incorrectly calculated his sentence. The trial court dismissed the petition, finding no improper calculation. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/28/00 | |
Rocky Lee Coker vs. TN Dept. of Correction
M1999-02268-COA-R3-CV
An inmate in the custody of the Tennessee Department of Correction filed a petition for a declaratory judgment, claiming that his sentence reduction credits had been improperly calculated and that his "safety valve" release date had been wrongly cancelled. The trial court granted the state's motion for summary judgment and the petitioner appeals. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/28/00 | |
State vs. Samuel D. Land
M1999-01023-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 04/28/00 | |
State vs. Robert Bassett Brown
M1999-00867-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 04/28/00 | |
State of Tennessee v. Donald Curtis Reid
01C01-9903-CR-00077
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 04/28/00 | |
Karen Mundy vs. James Mundy
E1999-02697-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 04/28/00 | |
State vs. Larry Brumit
M1999-00154-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 04/28/00 | |
Trebing vs. Fleming Companies
M1999-00473-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/28/00 | |
State vs. Elizabeth Mullins
E1999-01343-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 04/27/00 | |
Bank of Gleason vs. Weakley Farmers
W1999-02161-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 04/27/00 | |
State vs. Jerry Ray Chandler
M1999-00543-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Cornelia A. Clark |
Hickman County | Court of Criminal Appeals | 04/27/00 |