Opinion FlashMay 20, 2002Volume 8 — Number 88 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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Howard H. Vogel KATHY JEAN BERRY v. SARA LEE CORPORATION d/b/a JIMMY DEAN SAUSAGE DIVISION, et al. Court:TSC - Workers Comp Panel Attorneys: Kenneth R. Rudstrom, and S. Newton Anderson, Memphis, Tennessee, for the Defendants/Appellants, Sara Lee Corporation d/b/a Jimmy Dean Sausage Division, et al. Jeffrey A. Garrety and Joseph R. Taggart, Jackson, Tennessee, for the Plaintiff/Appellee, Kathy Jean Berry. Judge: LAFFERTY 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. 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, Defendants/Appellants asks: (1) Did the trial court err in finding that Plaintiff sustained a compensable injury to her shoulder?; (2) Did the trial court err in finding that Plaintiff sustained a second and distinct compensable injury to her right elbow?; and (3) Did the evidence presented at trial preponderate against the amount of the permanent partial disability benefits awarded by the trial court, with respect to the shoulder injury and the second right elbow injury? As discussed below, the trial court did not err and this panel has concluded that the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/berrykj.wpd JUDITH S. COOLEY v. MURRAY OUTDOOR PRODUCTS, INC. Court:TSC - Workers Comp Panel Attorneys: J. Arthur Crews, II and B. Duane Willis, Jackson, Tennessee, for the Defendant/Appellant, Murray Outdoor Products, Inc. Charles L. Hicks, Camden, Tennessee, for the Plaintiff/Appellee, Judith S. Cooley. Judge: LAFFERTY 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. 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, the Defendant/Appellant asserts that the evidence preponderates against the trial court's award of seventy-five percent (75%) to the leg as Plaintiff has minimal vocational disability. As discussed below, the panel concludes that the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/cooleyjs.wpd OWEN FRANKLIN v. STATE OF TENNESSEE Court:TSC - Workers Comp Panel Attorneys: Tony Seaton, of Johnson City, Tennessee, for the Appellant, Owen Franklin. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Ellen H. Pollack, Assistant Attorney General, for the Appellee, State of Tennessee. Judge: BYERS 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case was heard in the Eastern Division of the State Claims Commission. The Commissioner who heard the case found the plaintiff had failed to prove that he received an injury to his respiratory system and allergies as a result of exposure to chemicals in the print shop at East Tennessee State University where he was employed. We affirm the judgment. http://www.tba.org/tba_files/TSC_WCP/franklino.wpd LISA GREGORY v. BRADLEY COUNTY SHERIFF'S DEPARTMENT Court:TSC - Workers Comp Panel Attorneys: Bert Bates, Cleveland, Tennessee, for the Appellant, Lisa Gregory. William A. Lockett and Michael A. Kent, Cleary and Lockett, Chattanooga, Tennessee, for the Appellee, Bradley County Sheriff's Department. Judge: PEOPLES First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employee appeals the denial of worker's compensation benefits on the basis that the trial court used an incorrect standard of proof in evaluating the medical evidence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/gregoryl.wpd RUTHANN MARIE RHOADY v. INSURANCE COMPANY OF PENNSYLVANIA, et al. Court:TSC - Workers Comp Panel Attorneys: Mary Melinda Little, McMinnville, Tennessee, for the appellants, Insurance Company of the State of Pennsylvania and Bridgestone/Firestone, Inc. Barry H. Medley, McMinnville, Tennessee, for the appellee, Ruthann Marie Rhoady. Judge: LOSER 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. 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, the appellant insists the evidence preponderates against the trial court's findings (1) that the employee gave timely written notice of her injury and (2) that the injury occurred in the course and scope of employment. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/rhoadyruthann.wpd TAMMIE ROSE SIMONS V. FINDLAY INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: Patrick A. Ruth and K. Melissa Howard, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the Appellant, Findlay Industries, Inc. Barry H. Medley, Farrar, Holliman & Medley, McMinnville, Tennessee, for the Appellee, Tammie Rose Simons Judge: PEOPLES First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employer appeals an award of permanent partial disability benefits on the basis that the employee suffered no permanent medical impairment. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/simonst.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0520.wpd STATE OF TENNESSEE v. RONALD EUGENE RICKMAN AND WILLIAM EDWARD GROSECLOSE Court:TCCA Attorneys: Joseph S. Ozment (at trial and on appeal) and Steffen Schreiner (at trial), Memphis, Tennessee, for the appellant, Ronald Eugene Rickman. Gerald Skahan (at trial and on appeal) and Paula Skahan (at trial), Memphis, Tennessee, for the appellant, William Edward Groseclose. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Edgar A. Peterson, IV, and J. Robert Carter, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellants, Ronald Eugene Rickman and William Edward Groseclose, appeal their convictions by a jury in the Shelby County Criminal Court of, respectively, first degree murder and being an accessory before the fact to first degree murder. In this appeal, appellant Groseclose presents the following issues for our consideration: (1) whether the trial court erred in failing to sever his trial from that of co-defendant Rickman; (2) whether the trial court erred in admitting at trial the former testimony of Barton Wayne Mount; (3) whether the trial court erred in excluding testimony by Gary King; and (4) whether the evidence adduced at trial is sufficient to support the jury's verdict of guilt. Appellant Rickman solely challenges the introduction at trial of Mount's former testimony. Following a careful review of the record and the parties' briefs, we remand this case to the trial court for correction of the judgments to reflect the appellants' receipt of credit for time served in the Tennessee Department of Correction prior to trial. We affirm the judgments in all other respects. http://www.tba.org/tba_files/TCCA/grosecl.wpd STATE OF TENNESSEE v. CHARLES H. MARTIN Court:TCCA Attorneys: Kenneth F. Irvine, Jr., Knoxville, Tennessee, for the appellant, Charles H. Martin. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Al Schmutzer, Jr., District Attorney General; and Steven Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Charles H. Martin, was convicted by a jury of aggravated assault. Following a sentencing hearing, the trial court sentenced him as a Range I offender to six years in the Department of Correction. On appeal, the Defendant contends that the trial court erred in denying his motion to strike handwritten portions of the indictment. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/martinch.wpd STATE OF TENNESSEE v. JAMES L. McCURRY Court:TCCA Attorneys: Harold D. Balcom, Jr., Kingston, Tennessee, for the Appellant, James L. McCurry. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank Harvey, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, James L. McCurry, was convicted by a Roane County jury of one count of premeditated first degree murder and was sentenced to life imprisonment. On appeal, McCurry raises two issues for our review: (1) Whether the evidence presented at trial was sufficient to support a conviction for premeditated first degree murder; and (2) whether the trial court erred by failing to exercise its role as the thirteenth juror. After review, we find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mccurryjamesl.wpd STATE OF TENNESSEE v. STEVEN L. RAUHUFF Court:TCCA Attorneys: Mack Garner, District Public Defender (on appeal); and Kevin W. Shepherd, Maryville, Tennessee (at trial), for the appellant, Steven L. Rauhuff. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Michael L. Flynn, District Attorney General; and John A. Bobo, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was indicted for operation of a motor vehicle after being declared an habitual offender. Following a bench trial, he was convicted of the indicted offense. In this appeal, the defendant challenges the sufficiency of the evidence. We affirm. http://www.tba.org/tba_files/TCCA/rauhuffsl.wpd STATE OF TENNESSEE v. SCOTTY DEWAYNE ROBINSON Court:TCCA Attorneys: Douglas M. Anderson, Knoxville, Tennessee (at hearing), and Scotty Dewayne Robinson, Manchester, Kentucky, Pro Se (on appeal). Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Jennifer H. Welch, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant, Scotty Dewayne Robinson, pled guilty to Class D felony theft pursuant to a plea agreement recommending the imposition of a three-year sentence to be served consecutively to a federal sentence. The trial court accepted the defendant's plea of guilty and imposed the recommended sentence. In this appeal, the defendant argues the trial court improperly sentenced him. We conclude the defendant has no appeal as of right of his sentence since it was a part of a plea agreement in which the defendant waived the right to appeal. Accordingly, the appeal is dismissed. http://www.tba.org/tba_files/TCCA/robinsonsd.wpd Fundraising by Legislators under Tenn. Code Ann. S 2-10-310 and Tenn. Code Ann. S 3-6-108(i) Date: May 16, 2002 Opinion Number: 02-062 http://www.tba.org/tba_files/AG/OP62.pdf Duty of General Sessions Court Clerk Regarding Litigation Tax Date: May 16, 2002 Opinion Number: 02-063 http://www.tba.org/tba_files/AG/OP63.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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