APPELLATE COURT OPINIONS

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In Re: Estate of Warren Glenn Brown, Candice Mathis, v. Joe Brown

01A01-9809-PB-00471

In this case, the decedent’s grand niece, Candice Mathis, the petitioner, appeals the trial court’s finding that she failed to establish, by clear and convincing evidence the lost or destroyed will of her grand uncle, Warren Brown. The trial court ordered that the administration of the estate proceed as an intestate estate. For the following reasons, we reverse.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Andrew Jackson
Dickson County Court of Appeals 10/07/88
Pruett Enterprises, Inc., v. The Hartford Steam Boiler Inspection and Insurance, Co.

03A01-9609-CH-00309

This non-jury case involves the interpretation of a commercial insurance policy (“the policy”) issued by The Hartford Steam Boiler Inspection and Insurance Company (Hartford) to Pruett Enterprises, Inc. (Pruett). Pruett, the owner and operator of a chain of grocery stores in Hamilton County, sued Hartford under the policy for “spoilage losses to various perishable items [caused] when electrical power to [two of Pruett’s] grocery stores was interrupted as a result of a heavy snow blizzard [on or about March 13, 1993].” Each of the parties filed a motion for summary judgment. Based upon the parties’ stipulation of facts, the trial court granted Hartford partial summary judgment, finding that the loss at 6925 Middle Valley Road, Hixson (“Middle Valley Store”) was not covered by the policy. As to the loss at Pruett’s store at 3936 Ringgold Road, East Ridge (“Ringgold Road Store”), the trial court found a genuine issue of fact and denied Hartford’s motion.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Chancellor Howard N. Peoples
Hamilton County Court of Appeals 08/17/04
Kim Williams v. The Lewis Preservation Trust

E2023-00085-COA-R3-CV

This is a negligent misrepresentation action in which the plaintiff filed suit against the
attorney responsible for transferring her mother’s assets into an irrevocable trust. The
plaintiff alleged that she approved the transfer because she was erroneously advised that
the terms of the irrevocable trust would require distribution upon her mother’s passing.
The trial court granted summary judgment dismissal in favor of the defendant attorney.
We affirm.

Authoring Judge: Judge John W. McClarty
Originating Judge:Chancellor Melissa Thomas Willis
Rhea County Court of Appeals 12/12/23
Kris Young v .State of Tennessee

E2022-00235-CCA-R3-PC

The petitioner, Kris Young, appeals the denial of his petition for post-conviction relief,
which petition challenged his convictions of aggravated kidnapping, aggravated robbery,
and aggravated burglary, alleging that the trial court erred in the jury instructions, that the
evidence was insufficient to support the aggravated kidnapping conviction, that the
kidnapping statutes are unconstitutionally vague, that his aggravated kidnapping
conviction violates the principles of double jeopardy, and that trial and appellate counsel
performed deficiently. Discerning no error, we affirm the denial of post-conviction relief.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green
Knox County Court of Criminal Appeals 08/03/23
Sheila Reece v. J. T. Walker Industries Inc. d/b/a Rite

E2006-01555-WC-R3-WC
This workers= compensation appeal has been referred to the Special Workers= Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee developed bilateral carpal tunnel syndrome as a result of her employment. The trial court awarded her 50% permanent partial disability to both hands. The employer has appealed, contending the award is excessive. We modify the award to 50% permanent partial disability to both arms, and affirm the judgment
Authoring Judge: Jerry Scott, Sr. J.
Originating Judge:G. Richard Johnson, Chancellor
Knox County Workers Compensation Panel 02/16/11
Charles Blake Britton v. Liberty Mutual Insurance Co.

03S01-9901-CH-00012
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The plaintiff brought this action to recover for an injury which he alleges occurred in February of 1995. The trial judge found the plaintiff had failed to show the injury of 1995 entitled him to recover. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Hon. Jerri S. Bryant
Knox County Workers Compensation Panel 02/16/11
Gary Charles Hill v. Insurance Company of North America

03S01-9712-CH-00150
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 trial court awarded the employee, Gary Charles Hill, 1% permanent partial disability to the body as a whole. The insurance carrier, Insurance Company of North America, has appealed contending the evidence does not support a finding of permanent disability. Employee Hill was 41 years of age at the time of the incident in question and was a high school graduate. A great deal of his work experience has been as a painter but he has operated construction equipment and worked as a carpenter. He had been employed by Raytheon since 1994 and was doing industrial painting on about February 16, 1995. He testified he was operating a grinder under a large- like air compressor when he felt a pull in a muscle. When this pain occurred he was lying down in a somewhat twisted position and was working over his head. He reported the incident to his employer and was given a list of three physicians. He chose Dr. Lester F. Littell and saw him on March 2, 1995. Dr. Littell told him he had a pinched nerve and would probably need surgery. Hoping to avoid surgery, he went to see a private physician, Dr. Ernest Forsten. Dr. Forsten scheduled an M.R.I. examination and later referred him to Dr. Larry Gibson, a neurologist. Plaintiff continued to work with his complaints and was terminated from employment on August 22, 1995. His employer told him the termination was due to his "arrest record." At the trial he told the court the accident caused neck pain and numbness in some of his fingers and thumb. He said he felt his recovery was about 75% back to normal status but he was still having pain in the back of his shoulder and down his left arm. He said he could not return to industrial painting work but he had worked at small painting jobs such as painting bedrooms, porches, fences, etc. All of the expert medical testimony was presented by deposition. Dr. Larry Gibson testified plaintiff had damage or a pinching of his 6th and 7th nerve with subsequent weakness in the left triceps. He stated a nerve conduction study confirmed the diagnosis. Testing also revealed a bulging disc which was due 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart,
Knox County Workers Compensation Panel 02/16/11
02C01-9506-CR-00156

02C01-9506-CR-00156
Shelby County Court of Criminal Appeals 12/01/10
01C01-9409-CC-00327

01C01-9409-CC-00327

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 12/01/10
01C01-9412-CC-00426

01C01-9412-CC-00426

Originating Judge:James E. Walton
Robertson County Court of Criminal Appeals 12/01/10
State of Tennessee v. Vernita Freeman

W2005-02904-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 12/01/10
01C01-9505-CC-00148

01C01-9505-CC-00148

Originating Judge:Donald P. Harris
Hickman County Court of Criminal Appeals 12/01/10
Kelvin Taylor vs. State

02C01-9512-CC-00387
Weakley County Court of Criminal Appeals 12/01/10
01C01-9508-CR-00273

01C01-9508-CR-00273

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 12/01/10
03C01-9505-CR-00152

03C01-9505-CR-00152
Sullivan County Court of Criminal Appeals 12/01/10
State vs. Victor Coleman

02C01-9607-CC-00235
Dyer County Court of Criminal Appeals 12/01/10
Calvin Wilhite v. Glen Turner, Warden

W2006-01331-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Originating Judge:Joseph H. Walker, III
Hardeman County Court of Criminal Appeals 12/01/10
03C01-9601-CC-00002

03C01-9601-CC-00002
Cocke County Court of Criminal Appeals 12/01/10
02C01-9603-CC-00089

02C01-9603-CC-00089

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 12/01/10
Calvin R. Cannon v. State of Tennessee

M2008-02769-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Lincoln County Court of Criminal Appeals 12/01/10
State vs. Vernon Haas

E1999-00690-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 12/01/10
03C01-9604-CC-00159

03C01-9604-CC-00159

Originating Judge:Mayo L. Mashburn
Bradley County Court of Criminal Appeals 12/01/10
William Howell vs. State

E1999-01502-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Knox County Court of Criminal Appeals 12/01/10
Wallace vs. State

03C01-9608-CC-00312
Bradley County Court of Criminal Appeals 12/01/10
State vs. Donnie Johnson

02C01-9707-CC-00261
Benton County Court of Criminal Appeals 12/01/10