Friday, May 28, 2010

Court reviews whether the exclusive remedy rule barred an employee's negligence suit

JAMES P. GRIFFITH, ET AL. v. JELLICO COMMUNITY HOSPITAL, INC. (Tenn. Ct. App. May 28, 2010)

Employee, whose employer provided services pursuant to a contract with hospital, sustained injuries from a fall while working on hospital’s premises. Employee subsequently filed a negligence action against hospital. The trial court permitted employer to intervene in the suit. Hospital filed a motion for summary judgment, and after an evidentiary hearing, the trial court found that hospital was the principal contractor pursuant to Tenn. Code Ann. section 50-6- 113 and the exclusive remedy rule barred employee's negligence suit. The trial court granted summary judgment in favor of hospital, and employee appealed. We affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/griffithj_052810.pdf

No comments:

Post a Comment