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| Hon. Frank v. Williams, Iii,
03S01-9706-CH-00062
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff filed suit in 1989 for work-related injury to his left hand and alleged a related psychiatric disability. By final judgment entered September 5, 1991, the trial court awarded accrued and future medical and psychiatric benefits and permanent partial disability to his hand but found he had failed to prove any permanent psychiatric disability. The judgment was not appealed. On January 2, 1995, plaintiff filed this suit alleging that (1) under T.C.A. _ 5-6-231 he was entitled to modification of the 1991 final judgment due to increased psychiatric impairment, or (2) in the alternative, he was entitled to benefits for a new accidental [psychiatric] injury which occurred on September 2, 1994. The trial court found that plaintiff had failed to prove that he gave timely notice to the employer of a new work-related accident, had failed to prove a new compensable injury, and was barred from reopening the prior case for modification of the award owing to the doctrine of res judicata and the statute of limitations, since the denial of permanent psychiatric disability in that case was never appealed. The plaintiff appeals, insisting that notice of a new injury was provided to the defendant in a letter to the employer from his doctor and by comments made by the plaintiff at work, and that a particular stressful incident at work was a sufficient mental stimulus to constitute a new psychiatric injury. Defendant insists the trial judge correctly decided those issues and correctly held that the denial of permanent psychiatric disability in 1991 was not subject 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 06/01/98 | |
| Curtis R. Thrapp vs. Mary Elizabeth Thrapp
E2006-00088-COA-R3-CV
The parties were divorced in Oregon where the Court ordered the custodial arrangement for the only child of the marriage. The Mother then moved to Colorado, where she filed suit in Colorado in the custody dispute. She then moved to Tennessee, where the Father sued her over the ongoing dispute. The Colorado Court ultimately declined jurisdiction and the Tennessee Court ordered a change of the custody. The mother has appealed. We affirm the change of custody.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 05/31/98 | |
| Ramsey vs. Burkhalter & Ryan
01A01-9707-CH-00318
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/29/98 | |
| Hawkins & Gossett vs. Hart, et. al.
01A01-9707-CV-00294
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 05/29/98 | |
| State vs. Walter Ellison
01C01-9708-CR-00361
Originating Judge:L. Terry Lafferty |
Sumner County | Court of Criminal Appeals | 05/29/98 | |
| Ogilvie vs. Metro Gov't. vs. Nashille Electric Svc.
01A01-9709-CV-00466
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 05/29/98 | |
| Montague vs. Dept. of Corrections
01A01-9711-CH-00667
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/29/98 | |
| Moore, et. ux. vs. Phillips, Sr.
01A01-9605-CH-00197
Originating Judge:Jeffrey F. Stewart |
Sequatchie County | Court of Appeals | 05/29/98 | |
| National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/29/98 | |
| TN. Real Estate Comm. vs. Hamilton
01A01-9707-CH-00320
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/29/98 | |
| J.B. Hinson, et. ux. vs. Beechview Corp.
01A01-9709-CH-00498
Originating Judge:Robert L. Jones |
Wayne County | Court of Appeals | 05/29/98 | |
| Coastcom, Inc. vs. Cruzen, et.ux.
01A01-9707-CH-00349
Originating Judge:H. Denmark Bell |
Williamson County | Court of Appeals | 05/29/98 | |
| National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
|
Court of Appeals | 05/29/98 | ||
| McMahan vs. Whisman
01A01-9711-CH-00681
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/29/98 | |
| Charles Montague, v. Tennessee Department of Corrections, and Warden Howard Carlton
01A01-9711-CH-00667
The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/29/98 | |
| Charles E. Jones v. State of Tennessee
W2007-01086-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 05/29/98 | |
| Dept. of Children's Svcs. vs. Stanfill
01A01-9710-JV-00616
Originating Judge:Andrew J. Shookhoff |
Davidson County | Court of Appeals | 05/29/98 | |
| State vs. Sutton
03C01-9706-CR-00216
|
Knox County | Court of Criminal Appeals | 05/28/98 | |
| Haren Construction v. Metro Nashville and Davidson County
M2002-01135-COA-R3-CV
This appeal involves a contract between the Appellant Haren Construction Company, Inc. (HCCI) and the Appellee Metropolitan Government (Metro). The construction company brought suit claiming Metro breached its contract with HCCI in "constructive suspension" of work. In addition the construction company claimed that Metro interfered with the company's contract for equipment supply from a third party. The trial court granted Metro's two motions for summary judgment, the first concerning Metro's alleged liability under the Governmental Tort Liability Act, the second concerning the action for breach of contract. HCCI appeals the grant of summary judgment. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/28/98 | |
| Rubin vs. Rubin
03A01-9711-CV-00502
|
Court of Appeals | 05/28/98 | ||
| Keith Wooten vs. State
01C01-9703-CR-00111
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 05/28/98 | |
| State vs. Pierson
03C01-9709-CR-00334
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 05/28/98 | |
| State vs. William Jordan
01C01-9703-CC-00100
Originating Judge:William B. Cain |
Giles County | Court of Criminal Appeals | 05/28/98 | |
| Miller vs. Willbanks
03A01-9709-CV-00411
Originating Judge:John K. Wilson |
Hamblen County | Court of Appeals | 05/28/98 | |
| Elizabeth Anne Flickner v. Crete Carrier Corp.
03S01-9708-CH-00095
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Ms. Flickner is 55 years old, has eight years of formal education, and has worked as a truck driver for most of her adult life. She testified that she injured her back in 1975 in a work-related accident in Florida, that she underwent back surgery after the injury, and that she received Florida workers' compensation benefits for that injury. Exhaustive attempts by the parties failed to discover her Florida workers' compensation records owing to the 2-year time lapse. Ms. Flickner testified that after the 1975 injury she recovered and was able to work full-time at various jobs, mostly truck driving, for the next 2 years. On June 16, 1995, she injured her lower back while driving a truck for Crete Carrier Corporation, and the extent of her vocational disability from that injury is the issue before us. After the 1995 injury, Ms. Flickner was treated by Dr. Robert E. Finelli, who diagnosed lumbar disk defects at L3/4 and L4/5, and scar tissue from her previous surgery at L3/4 and L5/S1. He performed extensive lumbar surgery on September 18, 1995. Vocational Rehabilitation Specialist Dr. Julian Naldosky testified for the employee that she could no longer perform her truck driving job and had no skills which would transfer to a semi-skilled, light or sedentary job. He opined that jobs available to her in her disabled condition, in light of her employment background, abilities and education, and assuming her ability to tolerate sitting and standing throughout the workday, would include cashier in a restaurant or parking lot, ticket seller, retail receiving clerk, automobile self-serve service station attendant, gate tender, security monitor, hardware assembler, gasket inspector, packager of small parts or small products, and a bottling line 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Sharon Bell, |
Knox County | Workers Compensation Panel | 05/27/98 |