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| State vs. Mario Boyd
02C01-9703-CR-00110
|
Shelby County | Court of Criminal Appeals | 04/30/98 | |
| Miller vs. Hembree
03A01-9712-CV-00537
|
Court of Appeals | 04/30/98 | ||
| State vs. Jesse James Gilbert
03C01-9707-CC-00269
Originating Judge:Ben W. Hooper, II |
Jefferson County | Court of Criminal Appeals | 04/30/98 | |
| State vs. Stanley Harville a/k/a Stanley Salahuddin
01C01-9703-CC-00104
|
Hickman County | Court of Criminal Appeals | 04/30/98 | |
| Russell vs. Crutchfield
03A01-9708-CV-00329
|
Court of Appeals | 04/30/98 | ||
| Hon. Frank v. Williams,
03S01-9706-CH-00074
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 March 1995, the plaintiff in this case brought suit against Superior Steel, Inc. and Liberty Mutual Insurance Company ("the defendants") and the Second Injury Fund1 claiming that he was entitled to recover workers' compensation benefits for two work related injuries: a knee injury and an occupational disease. First, the trial judge found that the plaintiff had sustained a ten percent permanent partial disability to his right leg. Second, the trial judge found that the plaintiff was 1 percent permanently and totally disabled as a result of a chronic obstructive pulmonary disorder which he classified as an occupational disease because the plaintiff's condition was exacerbated by breathing diesel fumes during his employment with the defendant. The trial judge merged the two injuries and thereby awarded the plaintiff 1 percent disability benefits. The defendants appeal the trial court's findings regarding the plaintiff's occupational disease, contending that the trial judge erred (1) in ruling that the statute of limitations had not expired, (2) in ruling that notice had been properly given, and (3) in finding that the plaintiff's condition was an occupational disease which arose out of and in the course of his employment with the defendant. The defendants do not appeal the trial court's findings of disability to the plaintiff's leg, but a brief reference to the knee injury is necessary for a proper discussion of the facts. We affirm the judgment of the trial court. BACKGROUND The plaintiff, 48 years of age, worked as an oiler and crane operator for most of his working life -- approximately 28 years. For almost 32 years of his life, the plaintiff smoked two packs of cigarettes per day. The plaintiff quit smoking in June 1992. 1 The trial judge dismissed the Second Injury Fund from this case and we find the dismissal was proper. By reason of Tenn. Code. Ann. __ 5-6-28(a) and (b), the Second Injury Fund is not liable to the plaintiff. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frederick D. Mcdonald, |
Knox County | Workers Compensation Panel | 04/30/98 | |
| Ronnie Erwin v. Moon Products
M2002-00877-COA-R9-CV
This is an appeal from a denial of an application to compel arbitration. For the following reasons, we affirm the court below.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:J. B. Cox |
Marshall County | Court of Appeals | 04/30/98 | |
| Greene vs. Evans
03A01-9710-PH-00487
|
Court of Appeals | 04/30/98 | ||
| State vs. Garrett Raines
01C01-9704-CC-00127
|
Court of Criminal Appeals | 04/30/98 | ||
| 03A01-9901-CH-00015
03A01-9901-CH-00015
|
Court of Appeals | 04/30/98 | ||
| Jimmy H. Vaughn, v. Mary Runyon Vaughn
01A01-9707-CV-00347
The trial court found that there had been a change of circumstances and increased Jimmy Hunter Vaughn’s [husband’s] alimony obligation to Mary Runyon Vaughn [wife] from $400.00 per month to $600.00 per month. The court also found that husband should pay $350.00 as reasonable attorney fees to wife’s attorney
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Muriel Robinson |
Court of Appeals | 04/29/98 | ||
| Spencer vs. Hutchison
03A01-9712-CV-00522
|
Court of Appeals | 04/29/98 | ||
| Calkins vs. Calkins
03A01-9709-CH-00413
|
Sevier County | Court of Appeals | 04/29/98 | |
| Greenman vs. Hutchins
03A01-9709-CV-00404
|
Court of Appeals | 04/29/98 | ||
| Northcott vs. Dept. of Correction
01A01-9707-CH-00355
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/29/98 | |
| 03C01-9706-CC-00215
03C01-9706-CC-00215
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 04/29/98 | |
| State vs. Jon Hall
02C01-9703-CC-00095
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 04/29/98 | |
| Allman vs. Allman
M1997-00251-COA-R3-CV
This appeal involves a dispute over the interpretation of a provision in the marital dissolution agreement giving the wife an automobile but requiring the husband to continue making the car payments. After the automobile was totally destroyed in a one-vehicle accident, the wife's insurance company paid the balance remaining on the car loan. After the husband refused to pay the wife an amount equal to the balance of the car loan, the wife filed a petition in the Circuit Court for Sumner County seeking to hold him in contempt. Following a bench trial, the trial judge ordered the husband to pay the wife $7,644.22 representing the balance of the loan when the automobile was destroyed, as well as $1,355 for her legal expenses. We have determined that the marital dissolution agreement allocated the risk of loss of the automobile to the wife and, therefore, reverse the $7,644.22 judgment. We have also determined that the $1,355 judgment must be vacated and that the case should be remanded for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 04/29/98 | |
| 03C01-9706-CC-00215
03C01-9706-CC-00215
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 04/29/98 | |
| Mayes vs. State
03C01-9707-CR-00281
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 04/29/98 | |
| Hoffman vs. Hoffman
03A01-9706-CV-00220
|
Hamilton County | Court of Appeals | 04/29/98 | |
| State vs. Frederick Edwards
02C01-9704-CC-00157
|
Weakley County | Court of Criminal Appeals | 04/29/98 | |
| State vs. James McClenton
02C01-9710-CR-00385
|
Shelby County | Court of Criminal Appeals | 04/29/98 | |
| Hampton vs. TN. Truck Sales, Inc.
01A01-9711-CH-00640
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/29/98 | |
| Vaughn, et. ux. vs. King, et. ux.
01A01-9707-CV-00330
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 04/29/98 |