Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 03/01/2015
Format: 03/01/2015
Lumbermen's Mutual Casualty Company v. Yolanda Guerrero
01S01-9602-CH-00041
This appeal from the judgment of the trial court in a workers' compensation case has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Davidson County Workers Compensation Panel 02/26/97
Gloria C. Perkins v. Whirlpool Corp., et al.
01S01-9603-CH-00053
Rutherford County Workers Compensation Panel 02/26/97
Lumbermen's Mutual Casualty Company, Plaintiff/Appellant, v. Yolanda Guerrero,
01S01-9602-CH-00041
Davidson County Workers Compensation Panel 02/26/97
03A01-9607-JV-00234
Sullivan County Court of Appeals 02/25/97
03A01-9608-CH-00247
Hamilton County Court of Appeals 02/25/97
03C01-9603-CC-00088
Sullivan County Court of Criminal Appeals 02/25/97
X2010-0000-XX-X00-XX
Knox County Court of Appeals 02/25/97
Timothy Woody v. North Brothers, Inc.
E2001-00521-WC-R3-CV
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.
Knox County Workers Compensation Panel 02/25/97
Wilma Uselton v. Conwood Company, Lp
02S01-9607-CV-00070
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.
Shelby County Workers Compensation Panel 02/25/97
Reeser vs. Yellow Freight Systems
01S01-9603-CV-00042
Supreme Court 02/24/97
03C01-9506-CR-00160
Loudon County Court of Criminal Appeals 02/24/97
03C01-9608-CC-00284
Sevier County Court of Criminal Appeals 02/24/97
Ulrich vs. Ulrich
01A01-9606-CV-00264
Sumner County Court of Appeals 02/21/97
Lovell & Malone vs. Commonwealth Life Ins.
01A01-9607-CH-00299
Davidson County Court of Appeals 02/21/97
01A01-9608-CH-00352
Davidson County Court of Appeals 02/21/97
Almany vs. Christie
01A01-9608-CH-00376
Sumner County Court of Appeals 02/21/97
Frank Collier Auction & Realty Co. vs. Rice, et. al.
01A01-9608-CH-00384
Davidson County Court of Appeals 02/21/97
Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Davidson County Court of Appeals 02/21/97
Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Davidson County Court of Appeals 02/21/97
Waste Management vs. South Central Bell
01A01-9504-CV-00182
Davidson County Court of Appeals 02/21/97
Waste Management vs. South Central Bell
01A01-9504-CV-00182
Davidson County Court of Appeals 02/21/97
Brian Wolney and wife, Melissa Wolney, v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169

This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm.

Shelby County Court of Appeals 02/21/97
Brian Wolney and wife, Melissa Wolney v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169

The petition for rehearing filed in behalf of the Appellants is denied.

Court of Appeals 02/21/97
Ikie Briggs, v. Estate of Odessa v. Briggs
02A01-9603-PB-00052

This is a will construction case. Respondent, Ikie Briggs, appeals from the order of the probate court construing the Last Will and Testament of Odessa V. Briggs in favor of the petitioner, Frances Duncan Briggs.

Shelby County Court of Appeals 02/21/97
X2010-0000-XX-X00-XX
Court of Appeals 02/21/97