Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 09/30/2014
Format: 09/30/2014
01C01-9601-CC-00017
Montgomery County Court of Criminal Appeals 11/25/96
01S01-9507-CV-00102
Supreme Court 11/25/96
Brenda Bailey Loyd, v. Wendell Ray Loyd
02A01-9504-CH-00084

This case involves contempt proceedings brought against Wendell Ray Loyd (“Husband”) by Brenda Bailey Loyd (“Ex-Wife”) for failure to pay alimony. The trial court found that Husband did not have the present ability to pay and therefore could not be incarcerated for contempt. We reverse and remand for further proceedings.

Madison County Court of Appeals 11/25/96
City State Bank and the Bank of Sharon v. Dean Witter Reynolds, Inc. a Delaware Corporation, and Hank Franck
02A01-9504-CV-00073

Defendants have filed a petition to rehear which, after due consideration, is respectfully denied.

Jackson County Court of Appeals 11/25/96
Rebecca Caldwell v. Kelly Services, Inc. and Continental Casualty Company
03S01-9603-CH-00022
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 employer contends the evidence preponderates against an award of permanent partial disability benefits. The panel concludes the award of permanent partial benefits should be reversed. On September 1, 1994, the employee or claimant, Caldwell, an employee of Kelly Services, was sent to work at Moore's Quality Snack Foods. While working there, she slipped and fell, landing on her hand and arm. After receiving emergency care at the emergency room of a hospital, she was referred to Dr. Michael Lady, who diagnosed tenosynovitis and prescribed a splint and rest from work until her bruising and swelling subsided. On October 19, 1994, the claimant, while visiting a relative in Louisiana, saw Dr. Steiner, and orthopedic surgeon. Dr. Steiner eventually released her to return to work without any restrictions or permanent impairment. She did. On December 2, 1994, she left work because her injured arm was hurting. The next day, she revisited Dr. Lady, who prescribed a wrist splint, medication and rest. The doctor continued to treat her conservatively. His testimony by deposition included the following relevant questions and answers: Q. Okay. Now, Dr. Lady, based upon the American Medical Association guidelines, do you have an opinion which is also based upon a reasonable degree of medical certainty as the 2
Knox County Workers Compensation Panel 11/25/96
Terry Campbell v. Old Republic Insurance Company
01S01-9511-CH-00213
Campbell County Workers Compensation Panel 11/25/96
Amy Ferrell Robinson Manufacturing Company and Argonaut Insurance Company
01S01-9512-CH-00224
Grundy County Workers Compensation Panel 11/25/96
Anne H. Lawrence v. Itt Hartford Insurance Company
01S01-9511-CH-00199
Lawrence County Workers Compensation Panel 11/25/96
Ernest O. Wood v. Aluminum Corporation of America
03S01-9601-CV-00007
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. Fairly stated, the issues in this appeal are whether the employee should have been awarded permanent partial disability benefits and additional temporary total disability benefits. The panel has concluded the judgment should be affirmed. The employee or claimant, Wood, is a high school graduate who has worked for the employer, ALCOA, since approximately 1971. On June 7, 1991, while at work, he fell from the top of a tray of carbons, landing on his right side and injuring his right elbow, shoulder and hip. He continued working for the employer, while being conservatively treated for a torn right rotator cuff, until August 15, 1991. The injury was surgically repaired September of the same year and the employee returned to work for the employer on or about May 8, 1992 with minor restrictions. He was laid off six weeks later and has not worked since July 6, 1992. Because of other illnesses, he is receiving disability retirement benefits. He has received temporary total disability benefits for the time he lost from work before the layoff. He has also received medical benefits as required under the workers' compensation law. The medical proof as to whether the claimant's disability is causally related to his injuries is speculative and equivocal. In separate litigation, he claims to be disabled from asbestos-related lung disease. The trial judge disallowed the claim for disability workers' compensation benefits for insufficient proof that the disability is causally related to the injury at work. 2
Knox County Workers Compensation Panel 11/25/96
01C01-9508-CC-00251
Dickson County Court of Criminal Appeals 11/22/96
01C01-9602-CR-00061
Davidson County Court of Criminal Appeals 11/22/96
03A01-9603-CV-00080
Scott County Court of Appeals 11/22/96
03A01-9606-CH-00186
Monroe County Court of Appeals 11/22/96
X2010-0000-XX-X00-XX
Sevier County Court of Appeals 11/22/96
State vs. Curtis R. Sparks
M1999-01330-CCA-R3-CD
The defendant, Curtis R. Sparks, was convicted of sale of cocaine over .5 grams. The jury assessed a fine of $2,000. The trial court imposed a Range I sentence of nine years. In this appeal of right, the defendant contends that the sentence is excessive and that the trial court should have granted an alternate, community-based sentence. Because the defendant was clearly untruthful in much of his testimony and demonstrated little indication of rehabilitation, the judgment of the trial court is affirmed.
Perry County Court of Criminal Appeals 11/21/96
Quincy L. Love v. State of Tennessee
W2002-02081-CCA-R3-PC
Shelby County Court of Criminal Appeals 11/21/96
X2010-0000-XX-X00-XX
Court of Appeals 11/21/96
X2010-0000-XX-X00-XX
Court of Appeals 11/21/96
X2010-0000-XX-X00-XX
Court of Appeals 11/21/96
01A01-9603-CV-00108
Williamson County Court of Appeals 11/20/96
01A01-9605-CV-00200
Davidson County Court of Appeals 11/20/96
01A01-9602-CH-00086
Davidson County Court of Appeals 11/20/96
01A01-9604-CH-00178
Davidson County Court of Appeals 11/20/96
03C01-9508-CC-00232
Anderson County Court of Criminal Appeals 11/20/96
Alphonso Bradford v. State of Tennessee
M1998-00078-CCA-MR3-PC
Davidson County Court of Criminal Appeals 11/20/96