APPELLATE COURT OPINIONS

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Charles Tolan v. Ed Brown

03S01-9603-CH-00027
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The issue in this appeal is whether the defendant-appellee, Brown, is a statutory or principal employer of the plaintiff- appellant or claimant. The panel concludes that the judgment should be affirmed. Brown is the owner of rental property, including the Guthrie Mini Warehouse in Cleveland. He is not a builder or general contractor. In the late spring of 1994, he contracted with Kevin Eason to replace the roof on the warehouse. Among those employed by or on behalf of Eason to do the work was Charles Tolan. By the terms of the contract, Brown paid Eason $5,. and furnished the material. There was no time limit on when the work was to be completed and Brown exercised no control over the work of Eason's employee's, including Tolan. Brown did not provide the tools for the work, except one ladder. At one point, it became apparent that the work was not being done properly, which Brown pointed out to Eason. Eason corrected the problem. On July 12, 1993, Tolan was injured when he fell from the roof of the warehouse. He has sued for workers' compensation benefits. After a trial on the merits, the chancellor found that Eason and some other defendants, but not Brown, were liable to the claimant for workers' 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Earl H. Henley,
Bradley County Workers Compensation Panel 11/05/96
James Raymond Casey v. The Travelers Insurance Company

02S01-9605-CH-00047
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer's insurer contends (1) the award of permanent partial disability benefits is excessive, (2) the award of temporary total disability benefits is excessive and (3) the trial court erred in granting plaintiff's motion for discretionary costs. As discussed below, the panel concludes the judgment should be modified. The employee or claimant, Casey, is 29 years old and has a tenth grade education. His working experience consists of light to medium manual labor. On October 11, 1994, his right hand caught in some belts at work and was injured. He continued working for approximately one month. He was treated by an orthopedic surgeon beginning on December 22, 1994. The treating doctor diagnosed a rupture of the extensor tendon of the last joint of the claimant's right little finger, swelling of the PIP joint of the ring and middle fingers of the same hand and decreased range of hand motion, for all of which he prescribed a splint for the little finger and range of motion exercises for the hand. In time the swelling disappeared and he recovered full range of motion in the hand. He improved to the extent that he could have returned to work on January 13, 1995. The doctor assigned a permanent partial impairment rating of eight percent to the right little finger because the claimant "lacked about thirty degrees of extension of the DIP joint of the right little finger." The doctor's testimony also included the following questions and answers: Q. ... in your opinion, he did not sustain any permanent impairment with regard to his hand or to the arm? A. No, Ma'am. Q. Okay. In your opinion, ... would the plaintiff have necessarily had any problems in going back to work and using his hand? 2
Authoring Judge: Joe C. Loser, Jr., Judge
Originating Judge:Hon. George R. Ellis,
Crockett County Workers Compensation Panel 11/05/96
Leonard L. Rowe v. Board of Education of the City of Chattanooga and Dr. Harry Reynolds, Superintendent of Schools

03S01-9603-CV-00033

The Board of Education of the City of Chattanooga and Dr. Harry Reynolds, Superintendent of Chattanooga schools, appeal from the Court of Appeals’ decision finding that Leonard L. Rowe was deprived of liberty without due process of law by a Board policy which renders any employee previously terminated “for cause, inefficiency, or immorality” ineligible for future employment within the Chattanooga school system. The primary issue for our review is whether adoption of Board policy 4117.5 deprived Rowe of a constitutionally protected property or liberty interest to which the requirements of procedural due process apply.1 For the reasons that follow, we conclude that due process is not implicated because the Board policy did not deprive Rowe of either a protected property or liberty interest. Accordingly, the judgment of the Court of Appeals is reversed.

Authoring Judge: Justice Frank M. Drowota, III
Originating Judge:Chancellor R. Van Owens
Knox County Supreme Court 11/04/96
Mary Alice Bolton Prince, v. St. Thomas Hospital, et al.

01A01-9604-CV-00184

This is an appeal by plaintiff/appellant, Mary Alice Bolton Prince, from the decision of the trial court granting the motions for summary judgment of defendants/appellees. The trial court based its decision on its finding that Mrs. Prince was fiftypercent or more at fault. The facts out of which this controversy arose are as follows.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 11/01/96
Hazel Maness Flatt v. The Insurance Mart, Inc.,

02S01-9601-CH-00007
This workers' compensation appeal was heard by the Special Workers' Compensation Panel in accordance with provisions of T.C.A. _ 5-6-225(e)(3). We have by this opinion reported our findings of fact and conclusions of law to the Supreme Court. Hazel Maness Flatt ("plaintiff") was employed by Gary Wright and his sister Nita Middleton to care for their mother, Lorene F. Wright, at her residence in Chester County. As part of her employment, plaintiff lived in Ms. Wright's home from Monday through Friday. Other sitters provided care for Ms. Wright on weekends. Plaintiff's job duties included fixing meals, cleaning the house, sweeping, vacuuming, washing clothes, taking Ms. Wright on errands, and generally just watching after her. On about October 5, 199, plaintiff injured her back while assisting Ms. Wright into plaintiff's car. The record reflects that Gary Wright served as president of The Insurance Mart, Inc. ("defendant"), a company engaged in the sale of automobile insurance in Nashville. Wright and his wife were the sole shareholders of the defendant company. His sister, Nita Middleton, was an employee of defendant. Plaintiff was paid her weekly checks from defendant's payroll for her services to Ms. Wright. Her W-2 Wage and Tax Statement for 199 listed defendant as her employer. However, defendant listed plaintiff regularly on its Non-Employee Compensation Report. For these apparent reasons, plaintiff filed suit against defendant in the Chancery Court of Chester County. Following a bench trial, the chancell or denied plaintiff's claim for workers' compensation benefits on the grounds that (1) plaintiff was a domestic servant and not an employee of defendant, and (2) that she was also an independent contractor. This appeal followed. 2
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. Joe C. Morris,
Chester County Workers Compensation Panel 11/01/96
David F. Bush v. Brenda L. Allgood and Mercantile Properties, Inc.

01A01-9605-CV-00207

The Trial Court granted summary judgement dismissing one of the defendants, Mercantile Properties, Inc., and ordered entry of final partial judgment pursuant to T.R.C.P. Rule 54.02. Plaintiff has appealed. The remaining defendant, Brenda L. Allgood, is not involved in this appeal.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 11/01/96
Susan Kay Pilger Riggs, v. James Landry Riggs

01A01-9601-CV-00007

The plaintiff/wife has appealed from the judgment of the Trial Court declaring the parties divorced pursuant to T.C.A. § 36-4-129, placing child custody in the wife and awarding child support. The issues on appeal relate only to support.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 11/01/96
Richard P. Rienholtz, v. Christine Bradley, Commissioner, Tennessee Department of Correction

01A01-9512-CH-00570

Richard P. Rienholtz, an inmate in the Tennessee prison system petitioned the Chancery Court of Davidson County for a declaratory judgment arguing that the Department of Correction’s decision to extend his parole eligibility date for escape was illegal. The chancellor dismissed the petition and we affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 11/01/96
Allen v. Jones

02S01-9512-CV-00127
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. James M. Tharpe
Shelby County Workers Compensation Panel 11/01/96
Martin Silva v. James A. Crossman, d/b/a Jim Crossman Realty - Concurring

01A01-9604-CH-00153

This appeal involves a dispute as to the obligations of the parties under a lease agreement. The lessor of the premises, James A. Crossman,  terminated the lease after discovering that the lessee, Martin Silva, had experienced problems with violence and other criminal activities at the previous location of his nightclub. Silva filed a complaint in the Chancery Court for Davidson County seeking damages for breach of the lease contract. The trial court heard the case without a jury and awarded damages to Silva. Crossman has appealed and argues that the trial court erred in failing to find grounds for rescission of the lease and in awarding damages to Silva. For the reasons stated below, we affirm the judgment.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 11/01/96
Kevin Ryan Mosley v. Tennessee Board of Paroles, et al.

01A01-9604-CH-00162

Kevin Mosley, a prisoner in the custody of the Department of Correction, was twice considered for parole. On each occasion the Parole Board declined to release him, citing as its reason the seriousness of his offense. Mr. Mosley filed a Petition for Certiorari with the Chancery Court of Davidson County, contending that he was entitled to a more definite statement of the Parole Board’s reasons. The prisoner also argued that the Board erred in failing to consider the results of a psychological study it had ordered. The Chancery Court dismissed the petition. We affirm the trial court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/01/96
02C01-9503-CC-0095

02C01-9503-CC-0095
Madison County Court of Criminal Appeals 10/31/96
02C01-9512-CC-00381

02C01-9512-CC-00381
Dyer County Court of Criminal Appeals 10/31/96
02C01-9503-CC-00095

02C01-9503-CC-00095

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 10/31/96
State of Tennessee v. Charles Thompson And Verico

W1998-00351-CCA-R10-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 10/31/96
Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June

02C01-9610-CC-00340
Lake County Court of Criminal Appeals 10/31/96
02C01-9601-CC-00030

02C01-9601-CC-00030
Fayette County Court of Criminal Appeals 10/31/96
Mario Harris v. State

M2004-01782-CCA-R3-PC
The Defendant, Mario Harris, appeals from the order of the trial court dismissing his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State's motion and affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 10/31/96
01A01-9606-CH-00259

01A01-9606-CH-00259
Supreme Court 10/31/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/30/96
02A01-9508-CV-00168

02A01-9508-CV-00168
Shelby County Court of Appeals 10/30/96
Adrian White v. State of Tennessee

W2002-02755-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 10/30/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/30/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Anderson County Court of Appeals 10/30/96
Present Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-

02C01-9610-CC-00344
Lake County Court of Criminal Appeals 10/30/96