TWCA reviews whether the trial court properly interpreted TRCP 41

KEITH BROOKS v. PACCAR, INC. d/b/a PETERBILT MOTORS COMPANY (TWCA February 10, 2010)

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee filed an action in Chancery Court. He later filed a notice of voluntary nonsuit and immediately refiled his action in Circuit Court. An order dismissing the Chancery Court action was filed several days later. The employer moved to dismiss the Circuit Court action, noting that the Chancery Court action was still pending at the time the Circuit Court action was filed. The Circuit Court granted the motion. Employee has appealed, contending that the trial court erred in its interpretation of Tenn. R. Civ. P. 41. We affirm the judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/brooksk_021010.pdf