| DAVID SHANE SALYERS v. JONES PLASTIC & ENGINEERING
Clinton H. Scott, Jackson, Tennessee, for the Appellant, Jones Plastic & Engineering Company.
Charles L. Hicks, Camden, Tennessee, for the Appellee, David Shane Salyers.
From the determination by the trial court that the Worker sustained 28% vocational disability
apportioned to the right leg, the Employer appeals. The Employer contends that the Worker‚s
injuries neither arose out of nor occurred in the course of his employment. We conclude otherwise
and, thus, affirm the trial court‚s judgment.
SUMMER TAYLOR v. CARHARTT, INC.,
J. Arthur Crews, II and Michael J. Cash, Waldrop & Hall, Jackson, Tennessee, for the appellant.
Charles L. Hicks, Camden, Tennessee, for the appellee.
This workers‚ compensation appeal has been referred to the Special Workers‚ Compensation Appeals Panel in accordance with the Tenn. Code Ann. Section §50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, employer,
argues that the trial court erred in finding that the employee sustained a permanently disabling condition while employed with the appellant and that if she did, the trial court‚s award of 25% permanent partial disability to each arm is excessive and is contrary to the weight of the evidence. The appellee, employee, argues that the trial court‚s ruling was correct and should be affirmed. For the reasons discussed below, the panel has concluded that the judgment of the trial court should be affirmed in all respects.
ROBIN E.O.S. CRASTER v. THRIFTY RENT-A-CAR SYSTEM, INC., et al.
John O. Threadgill, Knoxville, Tennessee, for appellants.
Brent R. Watson, Knoxville, Tennessee, for appellee.
The parties filed Motions for Summary Judgments. The Trial Court granted defendants‚ Motion which stated defendant was not a proper party and insurance policy issued to plaintiff did not cover plaintiff‚s damages. On appeal, we affirm.
LARRY AND BRENDA MORRIS, d/b/a EAST TENNESSEE MOTORS v. INSURANCE AND INVESTMENT SOLUTIONS, INC.
M. Drew Robinson, Cleveland, Tennessee, for appellants, Larry and Brenda Morris d/b/a/ East Tennessee Motors.
Cynthia D. Hall, Chattanooga, Tennessee, for appellee, Insurance and Investment Solutions, Inc.
The plaintiffs suffered damage to personal property at a location other than as described in a policy of insurance. They failed in their attempt to recover on the policy, and filed suit against the issuing agency, claiming that the agency knew or should have known that they desired coverage not only at their business address but also at their residence. The signed application listed only their service address, and the loss occurred at their residence. Summary judgment was entered for the defendant.
CAROL MURPHY v. JENNIFER ANN JANOWITZ
Theodore Kern, Knoxville, Tennessee, for appellant.
Timothy Elrod, Knoxville, Tennessee, for appellee.
Respondent appeals to set aside an Order of Protection entered by the Trial Court. She argues the
evidence does not support the Order. We affirm.
RON SEARCY, D/B/A RESTORATION CONTRACTORS v.
Michael W. Edwards and Russell E. Edwards, Hendersonville, Tennessee, for the appellant, John Herold.
Paula Ogle Blair, Nashville, Tennessee, for the appellee, Ron Searcy.
This appeal involves a dispute between a homeowner and a contractor over the validity of an
arbitration award. After the arbitrator awarded the contractor $52,725, the contractor filed a
complaint in the Circuit Court for Sumner County to confirm the award and to recover the costs of
the arbitration. The homeowner challenged the award on the ground that he had not been afforded
a hearing. The contractor filed a motion for summary judgment, a motion to dismiss the homeowner‚s counterclaim, and a motion for attorney‚s fees under the arbitration agreement. The trial court, granting the contractor‚s motions, confirmed the $52,725 arbitration decision and awarded the contractor $500 in arbitration expenses and $2,205 in attorney‚s fees. The homeowner has appealed. We have determined that the arbitration award must be vacated because of the
arbitrator‚s failure to provide the parties a hearing before rendering his decision.
TEXACO REFINING & MARKETING, INC. v. STATE OF TENNESSEE
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and
Elizabeth P. McCarter, Senior Counsel, for the appellant, State of Tennessee Department of
Environment and Conservation, Division of Underground Storage Tanks.
Howard E. Jarvis and Tony R. Dalton, Knoxville, Tennessee, for the appellee, Texaco Refining &
Texaco Refining & Marketing, Inc. applied for reimbursement of remediation expenses pursuant to
the Tennessee Petroleum Underground Storage Tank Act. When Texaco‚s application was denied
by the Tennessee Department of Environment and Conservation, Division of Underground Storage
Tanks, Texaco filed this Declaratory Judgment action seeking a ruling that it was eligible for
reimbursement from the storage tank fund. The Chancery Court granted Texaco‚s motion for
summary judgment from which the Department appeals. We reverse finding Texaco was not in
substantial compliance with the Act because it failed to timely report releases of petroleum, and it
had no vested right to reimbursement.
Corrected Case (Chancellor's name was wrong)
STATE OF TENNESSEE v. ADAM DEWEY HOUSEHOLDER
Julie A. Rice, Knoxville, Tennessee (on appeal), and Craig Garrett, Maryville, Tennessee (at trial),
for the appellant, Adam Dewey Householder.
Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General;
Michael L. Flynn, District Attorney General; and Rocky H. Young, Assistant District Attorney
General, for the appellee, State of Tennessee.
The appellant, Adam Dewey Householder, pled guilty to theft over $10,000, a Class C felony. He
received a four year sentence, with nine months to be served in the county jail and the remainder on
supervised probation. In addition, he was ordered to pay $26,820.00 in restitution. On appeal, he
argues that the trial court erred in denying judicial diversion and in ordering a sentence of split
confinement. Following our review, we affirm the judgment of the trial court.
STATE OF TENNESSEE v. PATRICK HYDER
Donald E. Spurrell, Johnson City, Tennessee, for the appellant, Patrick Hyder.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Joe
C. Crumley, Jr., District Attorney General; Dennis Dwayne Brooks, Assistant District Attorney
General, for the appellee, State of Tennessee.
A Washington County Criminal Court jury convicted the defendant, Patrick Hyder, of two counts of aggravated sexual battery, a class B felony, and the trial court sentenced him to eight years for each count to be served concurrently in the Department of Correction. The defendant appeals, contending that the trial court erred in reassembling the jury to announce its verdict and polling the jury after it had been discharged. We affirm the judgments of the trial court.