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| State vs. Noah Noble
02C01-9701-CC-00060
|
Carroll County | Court of Criminal Appeals | 01/30/98 | |
| State vs. Torrance Johnson
02C01-9610-CR-00350
|
Shelby County | Court of Criminal Appeals | 01/30/98 | |
| State vs. Clarence Washington
02C01-9703-CC-00097
|
Lauderdale County | Court of Criminal Appeals | 01/30/98 | |
| Horton vs. Hughes
01A01-9601-CV-00045
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/30/98 | |
| Gordon McGee v. Carl Pippin, Helen Pippin, et al. - Concurring
01-A-01-9706-CH-00289
This is a suit by a stockholder of an insolvent corporation, against another stockholder, his wife and an employee, seeking judgment against them for dissipation of assets of the corporation, recovery of money due from debtors of the corporation and liquidation of the corporation for the benefit of creditors. Although not designated such in the complaint, the suit appears to be a suit for a receivership. Matter of Liquidation of United American Bank in Knoxville. Tenn. 1987, 743 S.W.2d 911.
Authoring Judge: Henry F. Todd
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Court of Appeals | 01/30/98 | |
| Tuttle vs. Tuttle
01A01-9512-CV-00546
|
Court of Appeals | 01/30/98 | ||
| State vs. Clarence Washington
02C01-9703-CC-00097
|
Lauderdale County | Court of Appeals | 01/30/98 | |
| State vs. Richard Young
02C01-9703-CR-00130
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 01/30/98 | |
| Dillard vs. The Vanderbilt University
01A01-9706-CV-00265
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 01/30/98 | |
| State vs. Melvin Currie
02C01-9701-CC-00047
|
Haywood County | Court of Criminal Appeals | 01/30/98 | |
| Nathan Wayne Smith v. Maremont Corporation
01S01-9703-CV-00077
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 filed this lawsuit alleging that he has suffered permanent partial disability as a result of an accident in the course and scope of his employment with the Defendant. The matter was heard by the trial court on May 1, 1993. The court awarded plaintiff 25% permanent partial impairment to the body as a whole. The trial court also awarded benefits paid in a lump sum. Within 3 days from the judgment of the trial court the plaintiff filed a motion to alter or amend the judgment; the substance of plaintiff's motion to alter and amend was that the court should have awarded a greater percentage of permanent partial impairment based on the proof. Later, in l995 the motion to amend and alter the judgment was amended to contain allegations of newly discovered evidence; this new allegation was based on alleged new discovery of a cervical problem, a slipped disc; plaintiff alleged that this new injury related back to the original lumbar back injury. The trial Judge heard the motion to amend and the later filed amended motion alleging newly discovered evidence. The motion was denied in October, 1996. The court ruled that T.C.A._ 5-6-231 provides that lump sum payments are final and dismissed plaintiff's motion. This appeal presents two issues: (1) Whether the court erred in awarding 25% permanent partial disability, and (2) Whether the court erred in not granting plaintiff's motion for a hearing based upon newly discovered evidence. The panel affirms the trial court on both issues. However, the Panel remands the question of whether the newly discovered cervical disc problem, that led to a subsequent cervical surgery which is the focal point of the motion to alter and to amend, relates back to the original lumbar back injury which, in turn, would render the defendant liable for medical expenses. The proof discloses that Mr. Smith, the plaintiff, at the time of the trial was 51 years old, and possessed a high school education. He has a variety of job skills including previous employment as a carpenter, employment with a termite company, electrical and other diverse jobs. At the 2 time of the injury involved in this lawsuit he was employed with Maremont having worked there from June, 1967 to October, 1988. The plaintiff has been unemployed since 1988.
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Jim Hamilton |
Smith County | Workers Compensation Panel | 01/30/98 | |
| 01A01-9605-CH-00229
01A01-9605-CH-00229
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 01/30/98 | |
| State vs. Demarco Bowdery, et al
02C01-9705-CR-00173
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| State vs. Samuel Perry
02C01-9611-CR-00435
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| State vs. Michael Holmes
02C01-9703-CR-00106
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| State vs. Frank Bradford
02C01-9701-CR-00042
|
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| | State vs. Ricky Jackson
02C01-9702-CR-00081
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 01/29/98 | |
| Williams vs. Comer
01A01-9701-CH-00008
|
Court of Appeals | 01/28/98 | ||
| By Our Supreme Court'S Recent Opinion In State v. Roger Dale Hill, Sr., No. 01S01-9701-
01C01-9707-CR-00313
|
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| Raymond Jackson vs. State
01C01-9608-CR-00368
|
Davidson County | Court of Criminal Appeals | 01/28/98 | |
| 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 |