Opinion FlashMarch 6, 2002
Volume 8 Number 041
What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.
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Howard H. Vogel
TAMATHA MARIE HOWE v. JONES PLASTIC AND ENGINEERING COMPANY, LLC, d/b/a CAMDEN PLASTICS Court:TSC - Workers Comp Panel Attorneys: John D. Burleson and V. Latosha Mason, Jackson, Tennessee, for the appellant, Jones Plastic and Engineering Company. Charles L. Hicks, Camden, Tennessee, for the appellee, Tamatha Marie Howe. Judge: LAFFERTY First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, Defendant asserts: (1) the trial court erred in not limiting Plaintiff's permanent partial disability award to two and one-half (2-1/2) times her medical impairment rating of ten percent (10%) as provided by Tenn. Code Ann. S 50-6-241(a)(1); (2) the trial court's award of seventy-five percent (75%) disability, a multiple of seven and one half (7-1/2) times her impairment rating, should be reduced when there are no specific findings supported by clear and convincing evidence of at least three of four factors contained in Tenn. Code Ann. S 50-6-242; and (3) the trial court erred in granting Plaintiff temporary total disability benefits from May 20, 1999 until November 30, 1999. After a review of the entire record, applicable law and as discussed below, the Panel affirms in part, reverses in part, and remands to the trial court for specific findings with respect to permanent partial disability benefits. http://www.tba.org/tba_files/TSC_WCP/howetm.wpd
JIMMY WAGNER V. TOWER AUTOMOTIVE PRODUCTS COMPANY, INC. Court:TSC - Workers Comp Panel Attorneys: Deana C. Seymour, Jackson, Tennessee, for appellant, Tower Automotive Products Company, Inc. Gayden Drew IV, Jackson, Tennessee, for appellee, Jimmy Wagner Judge: MALOAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-285(e)(3) for hearing and reporting to the Supreme Court of findings and fact and conclusions of law. The defendant, Tower Automotive appeals the judgment of the trial court which awarded fifteen percent (15%) permanent partial disability to each arm as being excessive. For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/wagnerj.wpd
CAROL HANKINS, et al. v. CHEVCO, INC., d/b/a CURTIS PRODUCTS SO. CENTRAL, INC., et al. Court:TCA Attorneys: C. Douglas Fields, Crossville, Tennessee, for the Appellants, Carol and Randall Hankins. David L. Franklin, Chattanooga, Tennessee, for the Appellee, Chevco, Inc., d/b/a Curtis Products So. Central, Inc. Paul Campbell, III, Chattanooga, Tennessee, for the Appellee, Concord Confections, Inc. Judge: SWINEY First Paragraph: Carol Hankins ("Plaintiff") filed a Complaint against Chevco, Inc., d/b/a Curtis Products So. Central, Inc., and Concord Confections, Inc. ("Defendants") alleging injuries to her jaw and one of her teeth which occurred when she chewed a gumball. Defendants filed a motion for summary judgment, arguing they were entitled to partial summary judgment as a matter of law on the issue of causation of Plaintiff's temporomandibular joint disorder ("TMJ"). The Trial Court granted Defendants' motion. Plaintiff appeals. We vacate the partial summary judgment and remand. http://www.tba.org/tba_files/TCA/hankinsc.wpd
STATE OF TENNESSEE v. MICHAEL W. COOPER Court:TCCA Attorneys: Zack Griffith, Nashville, Tennessee, for the appellant, Michael Cooper. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Michael W. Cooper, pled guilty to one count of aggravated burglary and one count of aggravated assault. His plea agreement provided that he would be sentenced as a Range II offender; however, the length and manner of service of his sentences were left for the trial court's determination. After a hearing, the trial court sentenced the Defendant to nine years incarceration for each offense, to be served consecutively. The Defendant now appeals, contending that the trial court misapplied an enhancement factor; that the trial court erred in sentencing him to equivalent terms for each offense in spite of finding fewer enhancement factors applicable to the aggravated assault; and that the trial court erred in ordering his sentences to run consecutively. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/coopermw.wpd
STATE OF TENNESSEE v. ALFIO ORLANDO LEWIS Court:TCCA Attorneys: David A. Collins, Nashville, Tennessee, for the appellant, Alfio Orlando Lewis. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Alfio Orlando Lewis, was convicted by a Davidson County jury of two counts of attempted second degree murder and two counts of aggravated assault. After a sentencing hearing, the trial court merged the two aggravated assault convictions into the two attempted second degree murder convictions. The Defendant was sentenced to 12 years to be served consecutively in the Department of Correction on each of the attempted second degree murder convictions for an effective sentence of 24 years. On appeal, the Defendant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court erroneously prevented him from testifying that a fellow inmate confessed to the crime, and (3) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lewisao.wpd
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