Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 08/01/2015
Format: 08/01/2015
State vs. Ronnie Turner
01C01-9602-CR-00077
Davidson County Court of Criminal Appeals 06/26/97
State vs. Philip Kevin Cook
01C01-9604-CR-00146
Davidson County Court of Criminal Appeals 06/26/97
State vs. Steven A. Bush
01C01-9605-CC-00220
Dickson County Court of Criminal Appeals 06/26/97
State vs. James Lemacks
01C01-9605-CC-00227
Humphreys County Court of Criminal Appeals 06/26/97
State vs. Robert Vaughn
01C01-9605-CR-00219
Sumner County Court of Criminal Appeals 06/26/97
Jessie James House vs. State
01C01-9607-CR-00309
Davidson County Court of Criminal Appeals 06/26/97
01CO1-9606-CC-00280
Giles County Court of Criminal Appeals 06/26/97
State vs. Jimmy Mathis
02C01-9605-CC-00177
Hardin County Court of Criminal Appeals 06/26/97
State vs. Christopher Barham
02C01-9606-CC-00205
Madison County Court of Criminal Appeals 06/26/97
State vs. Sepulveda
03C01-9402-CR-00069
Jefferson County Court of Criminal Appeals 06/26/97
Shava Lynn Kendrick vs. Larry Bert Kendrick
M2004-00540-COA-R3-CV
This case involves a father's efforts to protect his children from their mother's sexually abusive relatives. When the mother filed for divorce in the Chancery Court for Houston County, she also filed a notice of intent to relocate with the children to the State of New York to be closer to her family, including a stepfather who had sexually abused and raped her when she was a child. Following a bench trial, the trial court declared the parties divorced, designated the mother as the primary residential parent, and permitted the mother to move to the State of New York with the parties' children. The father has appealed, arguing first that the trial court's custody and relocation decisions have exposed the children to an unreasonable risk of sexual abuse and second, that the trial court erred by refusing to designate which of the parties should be permitted to claim the children as tax exemptions. We have determined that the trial court erred by allowing the mother and the children to move to the State of New York without sufficient proof regarding their safety. We have also concluded that the court erred by refusing to address the parties' tax exemption issues.
Houston County Court of Appeals 06/26/97
State vs. Roy Gibson
02C01-9604-CC-00117
Fayette County Court of Criminal Appeals 06/25/97
State vs. Wesemann
03C01-9404-CR-00144
Sullivan County Court of Criminal Appeals 06/25/97
State vs. Hayles
03C01-9603-CR-00113
Knox County Court of Criminal Appeals 06/25/97
State vs. Weaver
03C01-9607-CC-00263
Anderson County Court of Criminal Appeals 06/25/97
State vs. Houston
03C01-9608-CR-00297
Knox County Court of Criminal Appeals 06/25/97
Will v. Doran, Judge
02C01-9505-CR-00136
Shelby County Court of Criminal Appeals 06/24/97
Diane Watters vs. William Watters & General Mills
02A01-9511-CH-00254
Shelby County Court of Appeals 06/24/97
02C01-9605-CC-00183
Lauderdale County Court of Criminal Appeals 06/24/97
State vs. Robinson
03C01-9510-CC-00303
Cocke County Court of Criminal Appeals 06/24/97
State vs. Booker
03C01-9607-CC-00273
Anderson County Court of Criminal Appeals 06/24/97
State vs. Moates
03C01-9610-CR-00383
Monroe County Court of Criminal Appeals 06/24/97
Luther T. Beckett v. Gaylord Entertainment Company
01S01-9610-CV-00209
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue is whether the defendant should be estopped to plead the bar of the Statute of Limitations. The trial judge ruled that waiver and estoppel were not implicated and dismissed the suit. The plaintiff alleged that he was injured while working for the Opryland Hotel on May 28, 1994. The defense of the Statute of Limitations was raised by motion for summary judgment, the hearing of which was bifurcated. The trial court determined that the plaintiff was aware of a job-related injury no later than June 8, 1994,1 but conducted a separate hearing on the issue of waiver and estoppel, following which he ruled that the delay in filing suit was the fault of the plaintiff. Plaintiff was employed at the Opryland Hotel in Nashville on May 28, 1994, as a doorman. On the early afternoon of May 28, 1994, he felt a pain in his lower right abdomen, and thought he had pulled a muscle and reported this to the door captain. He then told the bell services manager that he thought he had pulled a muscle and requested permission to go home, which was granted. He returned to work on his next scheduled work day, and continued to work without complaint until he was terminated for an unrelated reason on August 13, 1994. Plaintiff went to see his personal physician, Dr. Jacokes, about this injury on June 8, 1994. After examining the plaintiff, Dr. Jacokes advised him that he had a hernia. Plaintiff knew that his injury had occurred at work, but he made no mention to Opryland of his hernia before leaving his employment. Plaintiff testified that the pain in his lower abdomen worsened in April, 1995, and he sought additional medical treatment. His physician told him that he would need surgery and, as a result, he contacted defendant to file a workers' compensation claim. He was referred to Willis Corroon, the third party administrator of Opryland's workers' compensation claims, and spoke with Ms. Ann Parker, claims adjuster, at Willis Corroon. 1The Complaint was filed July 26, 1995. 2
Davidson County Workers Compensation Panel 06/24/97
Calsonic Yorozu Corp., et al. v. Sulay Lamin
01S01-9608-CH-00163
Warren County Workers Compensation Panel 06/24/97
Empire Berol , U.S.A. v. Nancy Lee Estes
01S01-9610-CH-00205
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The posture of this case is somewhat unusual. The plaintiff is Empire Berol U.S.A., the employer of the defendant Nancy Lee Estes. It sought a declaratory judgment on March 11, 1993 of the respective rights of the parties under the workers' compensation law, alleging that Estes was asserting a job-related accident resulting in physical injury. Estes filed her answer, admitting that she was injured, but that her condition was one that progressively occurred and was not diagnosed as carpal tunnel syndrome until December 28, 1992. About four months later, Estes filed another answer, coupled with a counter-claim, through different counsel, in which she alleged that she sustained an injury by accident on or about November 17, 1992 during the course of her employment by the plaintiff. All this was followed by the filing of another complaint, by the plaintiff, on May 2, 1994, against Estes and Golden Corral, alleging as a result of discovery, that the injury to Estes arose out of her employment at the Golden Corral, which was designated as a third-party defendant. Golden Corral filed a motion to dismiss, alleging, in effect, procedural errors. The plaintiff thereupon amended its complaint, alleging that Golden Corral was a necessary party under RULE 19, but the procedural problem was unaddressed. Before the motion to dismiss was heard, the parties agreed that it was well- taken, and Estes averred her intention to file a complaint against Golden Corral, which soon followed, in which she alleged that a "gradual injury did occur and that [she] was employed by Golden Corral during a time frame in which the injury may have begun" and that she "sustained an injury by accident arising out of and in the course of her employment while performing work at the place of business of Golden Corral in Shelbyville, Tennessee." Golden Corral denied that Estes was injured as alleged, but if so, her suit was time-barred under TENN. CODE ANN. _ 5-6-21. Upon the trial of the case, the central issue was causation, since Ms. Estes' carpal tunnel syndrome was evident and not disputed. She testified that she began 2
Bedford County Workers Compensation Panel 06/24/97