Court Reviews Whether A Cause of Action Against an Employer Constitutes Negligence or a Workers’ Compensation Claim

MARY COLEMAN, ET AL. v. ST. THOMAS HOSPITAL (Tenn. Ct. App. August 5, 2010)

Plaintiffs filed suit against their employer, alleging common law negligence and negligent infliction of emotional distress due to their exposure to carbon monoxide in the workplace. The employer filed a motion for summary judgment, contending that Plaintiffs' tort claims were barred by Tennessee's workers' compensation law. The trial court denied the employer's motion for summary judgment, concluding that Plaintiffs' injuries did not "arise out of" their employment. The employer's application for an extraordinary appeal was granted. We reverse and remand for entry of an order granting summary judgment to the employer.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/colemanm_080510.pdf