Opinions

Donald Picklesimer v. Mckee Foods Corporation
E2000-02694-WC-R3-CV
Authoring Judge: Thayer , Sp. J.
Trial Court Judge: W. Frank Brown III, Chancellor
The trial court awarded the employee 72 percent permanent partial disability to the body as a whole. The employee appealed insisting his disability was 1 percent. Judgment of the trial court is affirmed.

Fred Birdsall, et al., v. Floyd Birdsall
E2000-01544-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge Conrad E. Troutman, Jr.

Plaintiffs/Appellants sought the return of several items, including a shotgun, tiller and lawn mower, as well as $1,500 in damages to a 1980 Ford pick-up truck, from Defendant/Appellee. The Trial Court found the matter too speculative and dismissed the case. We have no transcript and no Statement of the Evidence. Accordingly, we must assume that the record, had it been preserved, would have contained sufficient evidence to support the Trial Court's factual findings. Judgment of the Trial Court affirmed.

Melissa Suzanne Dew v. ProTemp, et al.
E2000-01750-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Chancellor William E. Lantrip

This appeal arises from a grant of summary judgment to Pro-Temp ("Defendant"), a temporary employment agency. Melissa Suzanne Dew ("Plaintiff") brought suit against her employer, Defendant, and Eagle Bend Manufacturing, Inc. ("Eagle Bend"). Defendant assigned Plaintiff to work in a temporary position at Eagle Bend where Plaintiff sustained a work-related injury. A few months later, Plaintiff received a reprimand from her Eagle Bend supervisor related to Plaintiff's work performance. Thereafter, Defendant terminated Plaintiff's assignment at Eagle Bend. Plaintiff claims Defendant terminated her employment in retaliation for exercising her worker's compensation rights. Plaintiff argues there are genuine issues of material fact which preclude the granting of summary judgment to Defendant. We affirm.

State of Tennessee v. Aaron Bernard Gray
W2000-00645-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joe C. Morris

The Defendant, Aaron Bernard Gray, appeals as of right from the dismissal of his petition for post-conviction relief. On appeal, he asserts that he should have been granted post-conviction relief because he was denied the effective assistance of counsel at trial, because the trial court abused its discretion by finding the victim competent to testify, and because the trial court abused its discretion by failing to grant a mistrial. We hold that the Defendant has failed to establish that he was denied the effective assistance of counsel and that his other two issues are either waived or previously determined. Thus, we affirm the judgment of the trial court.

Unifirst Corporation, v. Harry Lane, et al.
M2000-00357-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Claudia C. Bonnyman

This is an appeal from an award of damages by the Chancery Court of Davidson County for a breach of a contract. The defendants assert that the individual executing the contract did not have the authority to bind the corporation and that the contract ended when the corporation sold its assets. We affirm the judgment of the trial court.

Michael H. Sneed v. Board of Professional Responsibility
M1999-01588-SC-R3-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Chancellor by Interchange Tom E. Gray

This cause is before the Court on the petition for rehearing filed by the respondent, Michael
H. Sneed. The crux of the petition is Sneed’s request for a period of thirty days within which to
“wind down [his] practice and to prepare for the transition of any remaining cases to substitute
counsel.”

River City Resort, Inc. v. Norfolk Southern Ry Co., Cincinnati, New Orleans & Texas Pacific R. Y. Co. & Jit Terminal, Inc.
E1999-02567-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor W. Frank Brown, III

This is a dispute over the validity of an easement between River City Resort, Inc. (“River City”), and Norfolk Southern Railway Company (“Railroad”) which is across a certain property owned by River City. River City brought this declaratory judgment against the Railroad and JIT Terminal, Inc. (“JIT”), an adjoining landowner who derives benefit from the easement.

Regina L. Cable v. Charles E. Clemmons, Jr.
E1998-00526-SC-R11-CD
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Judge Bill Swann

We granted this appeal to determine the following two issues: 1) whether double jeopardy bars multiple convictions for criminal contempt based on violations of an order of protection and 2) whether domestic violence counseling may be imposed as part of the sentence for criminal contempt. After finding the defendant guilty of six counts of criminal contempt, the trial court's sentence consisted of 1) ten days in jail for each act of contempt to be served consecutively and 2) forty-five weeks of domestic violence counseling. A new order of protection was issued. The Court of Appeals held that the evidence supported only one conviction for criminal contempt and that the trial court lacked the authority to impose counseling as part of a sentence for criminal contempt. After reviewing the record and authority, we hold that double jeopardy does not bar multiple convictions for criminal contempt and that the evidence supports three convictions in this case. We further hold that although the legislature has not specifically authorized domestic violence counseling as a sentence for criminal contempt, the trial court properly imposed the requirement as part of a new order of protection.

Terri L. Carter v. Cmh Manufacturing, Inc.,
E2000-00654-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Rex Henry Ogle, Circuit Judge
This action seeking benefits for total and permanent disability attributable to a disputed diagnosis of carpal tunnel syndrome superimposed upon pre-existing injuries was dismissed. The plaintiff appeals and presents for review the issues of whether the plaintiff proved that she suffered a job-related injury, or that she suffered a vocational disability. We affirm the judgment.

Karen Henson v. Finelli, Hauge, Sanders and Ragland, M.C.,
E2000-01193-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Sharon J. Bell, Chancellor
This is a Rule 6 case. The plaintiff alleges that after her claim for workers' compensation benefits for a cervical spine and shoulder injury was settled and judicially approved she continued to suffer pain and discomfort owing to a torn rotator cuff and nerve impingement which was not discovered by her treating physician, thus implicating Rule 6.2.

Hoskin (Brewerv. Seaman Corporation
E2000-00842-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: John S. Mclellan, III, Judge
The plaintiff was laid off 66 months after returning to work following settlement of her claim for workers' compensation benefits. After the lay-off she filed this action to recover additional benefits.

Maria Nelson vs. Dept. of Safety
M2000-01147-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ellen Hobbs Lyle
This appeal arises from entry of a default judgment by the Appellee against the Appellant following the Appellant's failure to appear at a scheduled hearing. The Appellant filed a petition for judicial review with the Chancery Court of Davidson County. The trial court affirmed. The Appellant appeals from the Chancery Court of Davidson County's decision affirming the default judgment entered against the Appellant. For the reasons stated herein, we reverse the trial court's decision.

Wayford Demonbreun, Jr. vs. Dennis J. Hughes, et al
M2000-01116-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Hamilton V. Gayden, Jr.
Plaintiff, inmate acting pro se, sued two former attorneys alleging that after the first attorney was removed from his criminal case and ordered to refund part of the retainer fee paid, the second attorney was appointed to represent plaintiff. Subsequently, the second attorney, without authorization, compromised and settled plaintiff's claim against the first attorney and converted the proceeds of the settlement to his own use. The first attorney was never served with process, and the trial court granted summary judgment to the second attorney. Plaintiff has appealed.

Jaleesa Davis
W1999-01662-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: A. V. Mcdowell
The Shelby County Juvenile Court terminated parental rights of the natural mother and father of minor child. Parents have appealed. We affirm.

Gabriel Alwin vs. Percy Pitzer
W1999-00537-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood
An inmate filed a petition for writ of habeas corpus alleging that the sentencing court in Wisconsin was without authority to convict on one of the three counts under which he was convicted and that his sentence had expired. The trial court dismissed for failure to state a claim upon which relief can be granted. We affirm.

James Garrett vs. Isiah Roswer
W1999-02369-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter L. Evans
This is a dispute among the members and officials of a church and the church pastor. The plaintiff church members and officials filed for injunctive relief against the defendant pastor of the church, seeking to remove him as pastor and prevent him from disposing of or eroding church assets. The trial court enjoined the pastor defendant from disposing of, eroding or concealing church assets, and also ordered an election. Under the court-ordered church election, the defendant was removed as pastor of the church. Subsequently, the defendant pastor executed a trust deed encumbering certain church properties. After the trust deed was foreclosed and the property was sold at a foreclosure sale, the defendant pastor filed a counter-complaint in the pending suit, alleging that he was the successful bidder at the foreclosure sale and that title of the church property should be transferred to him. In payment of his bid, the defendant pastor tendered bonds issued by the church. The trial court referred to a special master eight issues relating to the ownership and value of the bonds. The special master and trial court found that the defendant pastor had not established that he paid for the bonds. The defendant pastor appeals, arguing that the trial court erred in its finding on the bonds and that it failed to address or take evidence on additional issues raised in his counter-complaint. We affirm the decision of the trial court on the bonds, but remand the cause for proof on the remaining issues.

Eddie Williams vs. Alton Hesson
W2000-02725-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joseph H. Walker, III
This appeal involves a claim of discrimination and denial of access to the courts by a maximum security inmate in the custody of the Tennessee Department of Correction. The court below granted summary judgment to the defendants. For the following reasons, we affirm the trial court's entry of summary judgment.

Darlene Moore Collins v. Cmh Manufacturing, Inc. (Also
E1999-01225-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Ben W. Hooper, III, Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the plaintiff sixty-five percent impairment due to occupational asthma and awarded prejudgment interest to accrued benefits. The defendant argues the trial court's award was excessive because the plaintiff failed to adequately prove through medical testimony the causation and extent of her impairment. The defendant also appeals the amount of prejudgment interest. We affirm the judgment of the trial court as to the impairment award and remand for further findings of facts with regard to the prejudgment interest award.

State vs. Cornelius Michael Hyde
E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: D. Kelly Thomas, Jr.

Wade Nance v. State Industries, Inc., and Itt Hartford
M1999-02262-WC-R3-CV
Authoring Judge: Frank F. Drowota,III, J.
Trial Court Judge: Hon. Leonard W. Martin, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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 employee contends that the trial court erred in finding that the employee's conduct amounted to a willful failure or refusal to use a safety appliance pursuant to Tenn. Code Ann. _ 5-6-11(a). To clarify this area of workers' compensation law, the panel adopts a new standard which requires the employer to prove four elements in order to make out the affirmative defense of willful failure or refusal to use a safety appliance. The Panel vacates the trial court's judgment and remands the case for a new trial in which the new standard will be applied.

State, Ex Rel., Tammy Davenport vs. Gerald Partridge
E1999-02779-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Suzanne Bailey
This appeal from the Hamilton County Juvenile Court concerns whether the Juvenile Court erred in determining the child support obligation of the Appellant, Gerald Lamont Partridge. We vacate the order of the Juvenile Court and remand for further findings of fact.

Robert Covert vs. Kimberloy Covert
E2000-00864-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: William R. Brewer

Robert Covert vs. Kimberloy Covert
E2000-00864-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Charles D. Susano

Sharon Kelly vs. George Evans, III
E1999-00417-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Steven H. Jones
This is a suit initiated by Sharon S. Sarli (now Kelly) against George Leroy Evans, III, wherein she sought a determination that he was the father of her child. After Mr. Evans stipulated that he was indeed the father of the child, the Referee and the Juvenile Judge made various determinations relative to custody, child support and the like. Mrs. Kelly, being dissatisfied with a number of the determinations in the Referee's last order which on appeal was in the main affirmed by the Juvenile Judge, filed this appeal. We vacate the judgment of the Juvenile Court and remand the case for further proceedings.

State vs. Michael Knox
W2000-00362-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Mark Agee
The defendant pled guilty to vehicular homicide by intoxication, a Class B felony, and was sentenced as a Range I, standard offender to: eight years imprisonment; a $10,000 fine; and state probation, to be served upon his release from prison, with the condition that he perform five hundred hours of community service. In this appeal as of right, the defendant argues that the trial court erred in denying his request for alternative sentencing. After review, we conclude that the record supports the sentence of incarceration, but that the trial court erred in ordering that the defendant be placed on probation and required to perform community service upon the completion of his prison sentence. Accordingly, we affirm the portion of the judgment ordering an eight-year sentence of incarceration and a fine of $10,000, but reverse the portion ordering that the defendant be placed on probation following his release and that he perform community service. In addition, we order that the defendant be prohibited from operating a motor vehicle for a period of five years from the entry of an order prohibiting such.