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| Besh vs. Coppick
01A01-9605-CH-00234
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/28/98 | |
| 01C01-9608-CR-00369
01C01-9608-CR-00369
|
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| Standard Fire Ins. vs. Chester-O-Donley & Assoc.
01A01-9508-CV-00382
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 01/28/98 | |
| Turner vs. Turner
01A01-9704-CV-00188
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 01/28/98 | |
| State vs. Tina Overstreet
01C01-9704-CR-00131
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| Jackson vs. Corrections Corp. of America
01A01-9606-CH-00276
|
Court of Appeals | 01/28/98 | ||
| Ellen Marcus vs. Louis Marcus
02A01-9611-CV-00286
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/28/98 | |
| Someday Baby, Inc. vs. Entertainment Int'l.
01A01-9705-CH-00228
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/28/98 | |
| 03C01-9703-CR-00090
03C01-9703-CR-00090
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 01/28/98 | |
| Sawyer vs. Girsham, et. al.
01A01-9604-CH-00176
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 01/28/98 | |
| Ricky Summers vs. State
01C01-9608-CR-00332
|
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| Mitchell vs. Archibald & Metro. Gov't.
01A01-9706-CV-00264
Originating Judge:Michael Mondelli |
Davidson County | Court of Appeals | 01/28/98 | |
| Someday Baby, Inc. vs. Entertainment Int'l.
01A01-9705-CH-00228
Originating Judge:William C. Koch |
Court of Appeals | 01/28/98 | ||
| Luzadder, et. ux. vs. Fowler
01A01-9706-CH-00239
Originating Judge:Jeffrey F. Stewart |
Grundy County | Court of Appeals | 01/28/98 | |
| El-Amin vs. Campbell
01A01-9707-CH-00361
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/28/98 | |
| State vs. Tommy Clinton
01C01-9608-CR-00381
|
Putnam County | Court of Criminal Appeals | 01/28/98 | |
| Charles Crews vs. Dexter Road Partners, et al
02A01-9603-CH-00045
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 01/28/98 | |
| Stevenson vs. Stevenson
01A01-9701-CV-00032
|
Davidson County | Court of Appeals | 01/28/98 | |
| Estis, et. al. vs. Kelley, et. al.
01A01-9709-CV-00513
|
Court of Appeals | 01/28/98 | ||
| Williams vs. Comer
01A01-9701-CH-00008
|
Court of Appeals | 01/28/98 | ||
| State vs. Daniel Barnes
01C01-9702-CR-00070
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/27/98 | |
| State vs. Alton Waller
01C01-9611-CC-00479
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 01/27/98 | |
| Monroe Brown vs. State
01C01-9607-CR-00305
|
Davidson County | Court of Criminal Appeals | 01/27/98 | |
| State vs. Jerry Duffey
01C01-9610-CC-00427
Originating Judge:William M. Barker |
Maury County | Court of Criminal Appeals | 01/27/98 | |
| Special Judge Hamilton v. Gayden, Jr.
01S01-9705-CV-00106
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 plaintiff injured his back on June 3, 1995 while in the course of his employment with the defendant. The trial judge found the plaintiff had sustained a 55 percent vocational impairment to the body as a whole. The defendant says the medical evidence submitted at trial was insufficient to show the plaintiff sustained a permanent injury and further says the award was excessive even if the plaintiff sustained permanent injury. The judgment of the trial judge is affirmed. Because there is no contest about the accident which injured the plaintiff, we need not discuss the facts thereof. MEDICAL EVIDENCE The only medical evidence in this case was the testimony of Dr. S. M. Smith, an orthopaedic surgeon. Dr. Smith first saw the plaintiff on August 31, 1995. He testified concerning his examination of the plaintiff and detailed specific findings, not necessary to set out, concerning the injury. When asked his opinion about the plaintiff's injury on the date of August 31, 1995, Dr. Smith said: I felt that he needed an MRI of his lumbar spine, along with an EMG and a nerve conduction study of both lower extremities to fully evaluate the back problem. I also felt that he may need a course of physical activity and possible surgical intervention based upon the findings of the MRI. And at that time, I didn't think I could give him an impairment rating, because his condition had not been fully evaluated.1 Dr. Smith saw the plaintiff on April 3, 1996 and again examined him. When asked about his condition at that time, Dr. Smith said: He continues to have problems with his back. His examination was completely unchanged. And I told him that since we cannot get any studies done, that I would go ahead and rate him based on the physical findings that he has now. And he has enough physical findings to make me think that he has nerve root impingement in the lumbar region. I think that he deserves an MRI to help better elucidate this problem. I would not feel comfortable sending him to PT without an MRI, because if he does have a ruptured disc, then this could make his condition worse. 1 The defendant would not pay for an MRI or EMG because they did not recognize the plaintiff's injury as compensable. The plaintiff could not afford the cost of the tests. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John Maddux, |
Clay County | Workers Compensation Panel | 01/26/98 |