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| George Randall Bailey v. U.S.F.&G. & Institutional Distributors
02S01-9704-CV-00025
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. The trial judge found the plaintiff to be 15 percent permanently partially disabled on account of "emotional or behavioral symptoms." The plaintiff appeals, insisting that the preponderance of the evidence requires a greater award. We disagree, and accordingly affirm the judgment. On March 4, 1996, the plaintiff was injured when struck on the head by falling cartons of pizza dough. A CAT scan revealed no cranial pathology, but owing to his continuing complaints, the plaintiff was extensively treated and examined by Dr. R. A. Tyrer, Dr. Robert Greene, Jr., and Dr. Glenn Barnett, II, neurosurgeons; Dr. Robert Pusakulich, a clinical psychologist; and other experts. The neurologists administered various tests, including an MRI of the brain, MRI of the lumbar spine, MRI of the cervical spine, and an MRI of the head. A host of x-rays, a bone scan and a spinal tap completed the diagnostic testing. These experts found no disability. Dr. Pusakulich believed that the plaintiff was suffering from a "great deal of financial overlay;" so did Dr. Barnett. Dr. Pusakulich also believed the plaintiff demonstrated a remarkable psychogenic overlay, as evidenced by his complaint of double vision that "he saw double with both eyes open and one eye closed," a neuroanatomical impossibility. The plaintiff was referred to Dr. Tewfik E. Rizk, of the St. Joseph Hospital Rehabilitation Center, by his attorney. On his initial examination, Dr. Rizk testified that the plaintiff had a slow, slurred speech, memory loss, and was limping on the left side. His diagnosis was post-traumatic closed-head injury syndrome with left-side hemiparesis. He disagreed with the conclusions 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. William B. Acree, Jr. |
Weakley County | Workers Compensation Panel | 03/30/98 | |
| Casa vs. Musick
03A01-9708-JV-00368
|
Court of Appeals | 03/27/98 | ||
| State vs. Green
03C01-9610-CR-00379
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/27/98 | |
| Moody vs.Dist. Public Defenders Conference
01A01-9707-CH-00311
|
Davidson County | Court of Appeals | 03/27/98 | |
| 03A01-9708-CH-00376
03A01-9708-CH-00376
|
Court of Appeals | 03/27/98 | ||
| Lucas vs. Lucas
03A01-9707-CV-00298
|
Court of Appeals | 03/27/98 | ||
| Beck vs. Beck, Jr.
01A01-9710-CV-00547
Originating Judge:Thomas Goodall |
Court of Appeals | 03/27/98 | ||
| Peele vs. Earl
03A01-9707-CV-00244
|
Court of Appeals | 03/27/98 | ||
| Moody vs.Dist. Public Defenders Conference
01A01-9707-CH-00311
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/27/98 | |
| Betty A. Primm v. Kantus Corp., et al.
01S01-9705-CV-00120
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. Appellate review requires that we presume that the judgment of the trial court is correct. RULE 13(d), T. R. A. P. We indulge no other presumptions, but look to see where the preponderance of the evidence lies.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell |
Marshall County | Workers Compensation Panel | 03/27/98 | |
| State vs. Smith
03C01-9706-CR-00201
Originating Judge:Gary D. Gerbitz |
Hamilton County | Court of Criminal Appeals | 03/27/98 | |
| 02C01-9612-CR-00457Cecil
02C01-9612-CR-00457Cecil
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 03/27/98 | |
| Isom vs. Knox Co.
03A01-9708-CH-00333
|
Knox County | Court of Appeals | 03/27/98 | |
| 02C01-9606-CR-00199
02C01-9606-CR-00199
Originating Judge:C. Creed Mcginley |
Henry County | Court of Criminal Appeals | 03/27/98 | |
| Robert Utley v. Robert Orr-Sysco
M2000-02904-COA-R3-CV
This is a premises liability case. The plaintiff was shopping in a store owned by the defendant when the plaintiff slipped and fell on a clear liquid substance and sustained personal injuries. The plaintiff shopper sued the defendant store owner on a theory of premises liability. The trial court granted summary judgment in favor of the defendant. The plaintiff now appeals. We affirm, finding that the plaintiff submitted insufficient evidence to create a genuine issue of material fact regarding whether the store had actual or constructive notice of the dangerous condition prior to the plaintiff's fall.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 03/27/98 | |
| Waters vs. Layne
01A01-9708-CV-00402
Originating Judge:Buddy D. Perry |
Marion County | Court of Appeals | 03/27/98 | |
| State vs. Huff
03C01-9605-CR-00201
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 03/27/98 | |
| State vs. Bevelyn Bailey
02C01-9705-CC-00185
|
Hardeman County | Court of Criminal Appeals | 03/27/98 | |
| State vs. Roger Hostetler
02C01-9707-CC-00294
Originating Judge:J. Curwood Witt |
Lauderdale County | Court of Criminal Appeals | 03/27/98 | |
| Nelson vs. State
03C01-9704-CR-00142
|
Johnson County | Court of Criminal Appeals | 03/26/98 | |
| Shankel vs. Morris
03A01-9710-CV-00478
|
Court of Appeals | 03/26/98 | ||
| State vs. Angie Harris
02C01-9707-CR-00247
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/26/98 | |
| State vs. Larry Morris
02C01-9701-CR-00008
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/26/98 | |
| State vs. Felts
03C01-9708-CR-00333
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 03/26/98 | |
| Swiggett vs. Ogle
03A01-9709-CH-00430
|
Court of Appeals | 03/26/98 |