TWCA reviews the trial court's grant of an employee's motion to dismiss based on a prior pending suit

CEILDECK CORPORATION v. HERBERT IVEY (TWCA November 15, 2011)

This case involves a race to the courthouse after a Benefit Review Conference ("BRC"). The employee, a Dickson County resident, was allegedly injured in Davidson County during the course and scope of his employment. The employee and his employer unsuccessfully attempted to settle the employee's claim at a BRC held on October 11, 2010; an impasse was declared at 10:27:19 a.m. Employee's complaint was filed in the Chancery Court of Dickson County at 10:27 a.m. Employer's complaint was filed in the Chancery Court of Davidson County at 10:28 a.m. The employee filed a motion to dismiss the employer's Davidson County complaint based on the doctrine of prior suit pending. The trial court granted the motion, and the employer appealed. We affirm the judgment of the trial court.

Opinion is available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/ceildeckcorp_111511.pdf